ChatGPT is full of sensitive private information and spits out verbatim text from CNN, Goodreads, WordPress blogs, fandom wikis, Terms of Service agreements, Stack Overflow source code, Wikipedia pages, news blogs, random internet comments, and much more.
That lawsuit was decided mainly on the 4 fair use factors. Google was considered to meet all of them. I don’t think it’s will be the same for OpenAI for example.
No lawsuit has even been filed in the OpenAI example. But if one is we’ll just have to see.