OpenAI's defense, which I am not in a position to verify, is that ChatGPT can not be used to reproduce NYT's articles verbatim without a great deal of prompt engineering. That the submissions NYT provided of verbatim reproductions are the result of a third party expert who tried more than 10000 prompts that included feeding into ChatGPT portions of NYT articles in order to get ChatGPT to respond with verbatim reproductions of NYT articles and that no one uses ChatGPT in this manner. Furthermore the verbatim reproductions that ChatGPT did end up producing after these 10000 prompts are available on numerous public websites unaffiliated with NYT.
https://nytco-assets.nytimes.com/2023/12/NYT_Complaint_Dec20...
And OpenAI's defense is here:
https://fingfx.thomsonreuters.com/gfx/legaldocs/byvrkxbmgpe/...
OpenAI's defense, which I am not in a position to verify, is that ChatGPT can not be used to reproduce NYT's articles verbatim without a great deal of prompt engineering. That the submissions NYT provided of verbatim reproductions are the result of a third party expert who tried more than 10000 prompts that included feeding into ChatGPT portions of NYT articles in order to get ChatGPT to respond with verbatim reproductions of NYT articles and that no one uses ChatGPT in this manner. Furthermore the verbatim reproductions that ChatGPT did end up producing after these 10000 prompts are available on numerous public websites unaffiliated with NYT.