The NYT case in particular raises three interesting takes on the usual approach. First, that due to their reputation for trustworthy news and information, NYT content has enhanced value and desirability as training data for use in AI.
Second, that due to its paywall, the reproduction of articles on request is commercially damaging. Third, that ChatGPT “hallucinations” are causing reputational damage to the New York Times through, effectively, false attribution.
This is not just another generative AI copyright dispute. The first argument presented by the NYT is that the training data used by OpenAI is protected by copyright, and so they claim the training phase of ChatGPT infringed copyright. We have seen this type of argument run before in other disputes."