Wow did you miss the issue around this. Having the code used to train for other code is NOT the issue.

The issue is that when you send stuff to openAI, they receive it. In full. That means, in this case they were literally sending out proprietary code to someone who could use it, not for training, but to sell, or to compete.

There is no reason to believe that what you send to openAI is ONLY used for training.