I cannot possibly say but what I would say is that there is a significantly higher likelihood than what he is saying is correct. Given that you basically can prove it for yourself by simply asking the AI to quote copyrighted content, the fact that it can do that rather demonstrates that copyright content was acquired illegally, and if the copyright holders never talked to openAI, then openAI by definition never got permission.

It's weird that you would assume malice on everyone's behalf by default, what would they have to gain by it?