I thought about that.
The definition of publish could get a little murky here. Actually the best defense here is that, so far as we know, this was not disclosed to a third party by ChatGPT (that's pretty flimsy, though, because it likely has no idea who it is talking to.)
I acknowledge there is some level of nuance here, which is why I come back to no one should have any expectation that AI will be factual. The disclaimers are everywhere. There is really no excuse for anyone to treat the output as gospel.