...which they shouldn't have been able to get? I had thought that it was against the YouTube ToS? (my personal understanding, unrelated to my employer)
The companies are fairly brazen, at least internally, about just scraping whatever, wherever and not caring about ToS of any website. All they really care about is blocking "bad" data that might make the models racist or sexual, etc.
If AI companies respected ToS there would be no AI
AI companies don’t give a shit about ToS. Hell most of the big players actively ignored copyright entirely in bulk. See thousand upon thousands of pirated books in the pile dataset.
And right after that news broke they “fixed” the problem by stopping to disclose training data sources. Thats why early models had papers eg Llama 1 listed this and now nobody does. It’s just an unspoken yet open secret now.