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They do not have permission to pass it on. It might be an issue if they didn’t stop it.
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They almost certainly had, as it was downloaded from the net. Some stuff gets published accidentally or illegally, but that’s hardly something they can be expected to detect or police.
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Unless you’re arguing that any use of data from the Internet counts as “fair use” and therefore is excepted under copyright law, what you’re saying makes no sense.
There may be an argument that some of the ways ChatGPT uses data could count as fair use. OTOH, when it’s spitting out its training material 1:1, that makes it pretty clear it’s copyright infringement.