If the Internet Archive makes a whoopsie with loaning out books they didn't have the license or permission to and gets sued into the ground by publishers, then OpenAI shouldn't have been/be allowed to use and process copyrighted material either.
OpenAI is actively receiving money from funders and (potentially, maybe, eventually will) make money by using others' copyrighted content at a much larger potential than what the Internet Archive was doing.
OpenAI should not have permission to soullessly suck up copyrighted material and use it to make money.
On the other hand, other countries who don't place ethical/moral/fiscal priority on creating and protecting copyrighted works will eat the wests' lunch when it comes to AI as there's no limitation that's preventing them from consuming the content.
Not sure what the answer is - maybe copyright is an archaic idea/belief built and maintained by a once well-intended, now corrupted economic system that needs a bit of a shakeup anyways...