Fair use was for citing and so on not for ripping off 100% of the content.
This principle is also explicitly declared in US law:
> In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work. (Section 102 of the U.S. Copyright Act)
https://www.copyrightlaws.com/are-ideas-protected-by-copyrig...
The problem is that openai has too much money. But if I did what they are doing I'd get into massive legal troubles.