Because its not literally using the same stuff, you can be inspired by something ala Starcraft from Warhammer 40k, but you can't use literally the same things. Also you can't copyright as far as I understand it, broad subject matter. So no one can just copyright "wizard" but can copyright "Harry Potter the Wizard". You also can tell the OpenAI company knows it may be doing something wrong because their latest leak includes passages on how to hide the fact the LLMs trained on copyrighted materials.
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