Violating TOS, at least to scrape and use later, is legal.[0] I'm not sure how the ruling interacts with LLMs, but I'm sure OpenAI's lawyers would bring it up.
Where do you see that they won the case? Can you provide a source because the wikipedia article directly contradicts what you are saying...?
I see they went to the Supreme Court who kicked it back to the Ninth who then re-affirmed their position that HiQ Labs was not in violation of the CFAA.
From [0] and [1], it seems it was a mixed ruling. I am actually not sure whether it's now legal to scrape, since the Court ruled against hiQ due to a breach of terms of service, but previously the Ninth Circuit Court affirmed its ruling against LinkedIn.
> The hiQ decisions give a green light, at least in some circumstances, to scraping publicly available websites without fear of liability under the CFAA.
So at a federal level, it seems relatively clear. The only uncertainty is on the state level.