Agreed. Scraping ChatGPT is against OpenAI terms of use and OpenAI is entitled to terminate your access immediately upon notice, but since ChatGPT output is not copyrighted (and copyrightable), output you acquired before termination should be freely redistributable. I am not sure why Stanford Alpaca authors think otherwise but they are wrong.
Thank you for using OpenAI! These Terms of Use apply when you use the services of OpenAI, L.L.C. (snip) By using our Services, you agree to these Terms. (snip) You may not (iii) use output from the Services to develop models that compete with OpenAI. (snip) We may terminate these Terms immediately upon notice to you if you materially breach Sections 2 (Usage Requirements).
