How can a technology that does not have the capability to reproduce it's training data be violating copyright? It doesn't copy anything, it is trained. No articles are present in the model. You can't ask an LLM to spit out a specific article. The basis of argument is simoly a misunderstanding of the process. If they win, this will mean anyone reading the NYT and then writing an article based on it would be even more guilty.
https://www.nytimes.com/2023/12/27/business/media/new-york-times-open-ai-microsoft-lawsuit.html