[rnosov]

The FTC link has an example of the only newspaper in town refusing to deal with customers who are also running ads on a radio station. Do you think if the newspaper dressed such refusal as a ToS violation it would fly with FTC?

Google might be banning people for enforceable violations of their ToS but imagine the uproar if they banned a Bing engineer for using Google search to find solutions for some Bing problem (which is similar to the problem here). The upside for Google or OpenAI would be somewhat limited but the downside is almost boundless.