Google has already been through countless lawsuits because of its indexing, and what we see now is the sum total of all the wins/losses/settlements constantly happening in every jurisdiction in the world. The number of words they can show in the snippets, how they must respond to takedown requests, how they must share revenue for content, what they can and cannot cache, how personal info is removed upon request, how someone's house is blurred out, what content fee they must pay news publishers...everything is regulated. So "Google does it" is not at all an excuse that OpenAI or anyone else can use.