Probably legal if you use third party collected data (as you personally haven't agreed to OAIs ToS and AI generations can't be copyrighted so aren't owned by OAI) but I guess corps are too wary to risk a court battle.
Directly using OAI to train a model for commercial use that competes with OAI is a violation of their ToS though
Right so that's why I am not sure I understand why there are so many "Open source" efforts that use GPT-4 when 75+% of people interested in open source want to use it in a commercial effort.
Makes me think that quite a lot are just ignoring that part of the service terms. Then it makes more sense to keep using GPT-4 for open source models -- if you just decide you are going to ignore that part.
Directly using OAI to train a model for commercial use that competes with OAI is a violation of their ToS though