But that they can sue you because, by making a competing product with data obtained by using their product, you contravened their terms & conditions for using their product
That's not within anyone's terms and conditions except Wikipedia.
That's what I mean with precedent. If OpenAI would win that they would be sued in term by Bloomberg for example.
But that they can sue you because, by making a competing product with data obtained by using their product, you contravened their terms & conditions for using their product