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.
Storing a verbatim copy and using it for commercial purposes already breaks a lot of copyright terms, even if you don’t distribute the text further.
The exceptions you’re thinking about are usually made for personal use, or for limited use, like your browser obtaining a copy of the text on a page temporarily so you can read it. The licensing on most websites doesn’t grant you any additional rights beyond that — nevermind the licensing of books and other stuff they’ve got in there.
Author’s Guild, Inc. v. Google was about something even more copy-like than this and Google won.
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.