No, but the point is that OpenAI expects to be held harmless if someone uses its tools to violate trademarks [unlike if a human employee had been paid to read Tolkein and write a story about Gandalf and hobbits] because its not an OpenAI employee consciously doing it, but just a model that translates its given inputs

If GPT is blameless doing some things because it's a deterministic model, not an agent, then the "it would be okay if a person was taught like this" defence doesn't apply in other areas