thinkingtoilet parent
If you charge me to use your program and it spits out unedited, copyrighted material then it should be illegal. I don't know the details of this case, but that's what's going on in the New York Times case. It's not always so cut and dry.
Which is amusing because NYTimes has fought in court a few times in favour of technology progress over copyright. Including recently when they got sued over collected a bunch of freelance writing into a database without consent.
https://harvardlawreview.org/blog/2024/04/nyt-v-openai-the-t...
I doubt the exact replica stuff will stand, as technically it was only achievable via advanced prompt engineering (hacking), not simply asking for a replica. So their 2 other arguments boils down to scraping a news database = infringement and LLM output = derivative works.