If you define feeding of copyrighted material into a non-human learning machine as theft, then sure. Anything that mitigates legal consequences will be a fig leaf.
In this case the output wasn't filtered. They are just producing images of Harrison Ford, and I don't think they are allowed to use his likeness in that way.
The fact that they have guardrails to try and prevent it means OpenAI themselves thinks it is at least shady or outright illegal in someway. Otherwise why bother?
But because a computer, and not a human does it, they get to launder their responsibility.