OpenAI is guilty of computer crime through massive unauthorized access to web servers to scrape their content, evading every kind of blocking attempt and crashing servers all over the place. This is the same thing Aaron Swartz was prosecuted for, but nothing seems to be happening to OpenAI. The content being public is irrelevant to this crime. You could have a public domain book in your bedroom, but if I break into your house and copy it, I’m a burglar even if I’m not a copyright infringer.

Meta (Facebook) is known to have done a huge copyright infringement by downloading a massive pirate library (libgen) to train its AI. That’s separate from the claim that using the texts for AI training is infringing in its own right (there are lawsuits about that going on, and it’s not a slam dunk issue imho). I remember this reported specifically about Meta but it would shock me if OpenAI and Anthropic didn’t do the same thing. So they have no business whining about model distillation.

Separately from that, yes, the stuff in the math prompts was supposed to be private but OpenAI apparently trained on them anyway. OpenAI is a multi-tasker and can do more than one bad thing at the same time.