edit: Would be very funny if OpenAI used an educational fair use defense
Nobody can argue that OpenAI was feeding the content to ChatGPT because ChatGPT was bored or was curious about current events. It was fed NYT's content so it would know how to reproduce similar content, for profit.
I think getting a case-law in the books as to what is legal, and what is not, with LLMs, was inevitable. If it wasn't NYT suing ChatGPT, it would be another publisher, or another artist, whose work was used to "train" these systems.
2. The non-profit OpenAI, Inc. company is not to be confused with the for-profit OpenAI GP, LLC [0] that it controls. OpenAI was solely a non-profit from 2015-2019, and, in 2019, the for-profit arm was created, prior to the launch of ChatGPT. Microsoft has a significant investment in the for-profit company, which is why they're included in this lawsuit.