The key questions are around "fair use". Part of the US doctrine of fair use is "the effect of the use upon the potential market for or value of the copyrighted work" - so one big question here is whether a model has a negative impact on the market for the copyrighted work it was trained on.
I don’t think the New York Times thing is that much about training, than it is about the fact that ChatGPT can use Bing and Bing has access to New York Times articles for search purposes.
The key questions are around "fair use". Part of the US doctrine of fair use is "the effect of the use upon the potential market for or value of the copyrighted work" - so one big question here is whether a model has a negative impact on the market for the copyrighted work it was trained on.