show me the ToS where it says that, and I still won't care, because it would absolute be legal under the same principle openAI is using for the training data as a transformative work.

FYI: here are the relevant parts from the TOS:

(iii) use output from the Services to develop models that compete with OpenAI; (iv) except as permitted through the API

sounds like you are allowed to as long as it's from the api, as this "imaginary" restriction isn't in https://openai.com/policies/api-data-usage-policies, or https://openai.com/policies/usage-policies.