zlacker

Clearly, "theft" is an analogy here (since we can't get it to fit exactly), but we can work with it.

You are correct, if I were to steal something, surely I can be made to give it back to you. However, if I haven't actually stolen it, there is nothing for me to return.

By analogy, if OpenAI copied data from the NYT, they should be able to at least provide a reference. But if they don't actually have a proper copy of it, they cannot.