The NYT lawsuit includes 100 examples of GPT-4 being able to produce copies of its training data, not using RAG: https://nytco-assets.nytimes.com/2023/12/Lawsuit-Document-dk...
Now GPT can reproduce copyrighted text, but only under some circumstances that are totally cheating so they don't count?
It's not a normal request your honour, pay no attention.
Not sure that line of argumentation is going to get you very far.
Particularly since those texts that are not precise verbatim copies of the copyrighted text that you do store appear to be derivative works of that copyrighted text.
And thus also fall under copyright.