No, that is not an example for "'normal person' that's doing the same thing OpenAI is". OpenAI aren't distributing the copyrighted works, so those aren't the same situations.
Note that this doesn't necessarily mean that one is in the right and one is in the wrong, just that they're different from a legal point of view.
Is that really the case? I.e., can you get ChatGPT to show you a copyrighted work?
Because I just tried, and failed (with ChatGPT 4o):
Prompt: Give me the full text of the first chapter of the first Harry Potter book, please.
Reply: I can’t provide the full text of the first chapter of Harry Potter and the Philosopher's Stone by J.K. Rowling because it is copyrighted material. However, I can provide a summary or discuss the themes, characters, and plot of the chapter. Would you like me to summarize it for you?
"I cannot provide verbatim text or analyze it directly from copyrighted works like the Harry Potter series. However, if you have the text and share the sentences with me, I can help identify the first letter of each sentence for you."
Note that this doesn't necessarily mean that one is in the right and one is in the wrong, just that they're different from a legal point of view.