While I don’t necessarily agree with the NYT, I fail to see how or why LLMs are entitled to consume other peoples work for their own material gain.
Most copyrighted works will specifically say that the customer / user is prohibited from storing and reproducing those works.
It's a complicated area, not clear cut at all
In this case, then, regurgitation is the problem then, not the fact that it was ‘read’.
If the models ensured that probability of regurgitation is near-zero, would that be ok?
Perhaps you personally would be fine with it. But would it be ok for a court declaring that someone has no recourse, and must accept such an uncompensated risk?
I feel like I'm going to be saying a lot in the coming years, as more and more people's brains get broken by false anthropomorphization.