And even if they did it will be fine because those sources allow for it.
The point is that OpenAI never asked NYT for permission to use their data.
This tired 'fair use' excuses from AI bros whilst the GPT has reproduced the article text verbatim, word for word and it being monetized without the permission from the copyright holder and source (NYT) is an obvious copyright violation 101. Full stop.
Again, just like Getty v. Stability, this copyright lawsuit will end in a licensing deal. Apple played it smart with their choice with licensing deals to train their GPT [0]. But this time, OpenAI knew they could get a license to train on NYT articles but chose not to.
[0] https://9to5mac.com/2023/12/22/apple-wants-to-train-its-ai-w...
the purpose and character of the use
the nature of the copyrighted work
the amount and substantiality of the portion taken
the effect of the use upon the potential market.
Literally every single one of these factors has very complicated precedent and each one is an open question when it comes to AI. Since fair use is a balancing test this could go any way.Stability took the easy way out because they didn't have billions of dollars to play around with and Microsoft to back them. Let's see what OpenAI does but calling everyone who disagrees with your naive interpretation of fair use "AI bros" is doing everyone a disservice.
What (or whom) do you consider to be an "AI bro?"
This sort of ad hominem generalization usually accompanies a weak argument.