Won't hold in court. GPT is a platform mainly providing answer to private individuals asking. Is like you ask a professor a question and he answered verbatim what copyrighted materials available (due to photographic memory) word for word back to you. Now if you take this answer and write a book or publish enmass on blogs for example, then you are the one should be sued by NYT. If GPT use the exact same wordings and publish it out to evetyone visiting their page, then that is on OpenAI.