This is alleged, and it is very likely that claimants like New York Times accidentally prompt injected their own material to show the violation (not understanding how LLMs really work), and clouded in the hope of a big pay day rather than actual justice/fairness etc...

Anyways, the laws are mature enough for everyone to work this out in court. Maybe it comes out that they have a legitimate concern, but the way they presented their evidence so far in public has seriously been lacking.