OpenAI claims The New York Times tricked ChatGPT into copying its articles

> However, the company maintained its long-standing position that in order for AI models to learn and solve new problems, they need access to “the enormous aggregate of human knowledge.”

They forgot to mention they need access to everything "without paying for it" while "charging for their service". Why don't they "solve new problems" on their own and make that their business instead of a super-powered chatbot?