I don’t necessarily fault OpenAI’s decision to initially train their models without entering into licensing agreements - they probably wouldn’t exist and the generative AI revolution may never have happened if they put the horse before the cart. I do think they should quickly course correct at this point and accept the fact that they clearly owe something to the creators of content they are consuming. If they don’t, they are setting themselves up for a bigger loss down the road and leaving the door open for a more established competitor (Google) to do it the right way.
As a counter argument it might be reasonable to instead say that the NYT delivers "current information" so perhaps it'd be fair to train your model on articles so long as they aren't too recent... but I think a lot of the information that the NYT now relies on for actual traffic is their non-temporal stuff - including things like life advice and recipes.