In this case it's the NYT vs OpenAI, last decade it was the RIAA vs Napster.
I'm not much of a libertarian (in fact, I'd prefer a better central government), but I also don't believe IP should have as much protection as it does. I think copyright law is in need of a complete rewrite, and yes, utilitarianism and public use would be part of the consideration. If it were up to me I'd scrap the idea of private intellectual property altogether and publicly fund creative works and release them into the public domain, similar to how we treat creative works of the federal government: https://en.wikipedia.org/wiki/Copyright_status_of_works_by_t...
Rather than capitalists competing to own ideas, grant-seekers would seek funding to pursue and further develop their ideas. No one would get rich off such a system, which is a side benefit in my eyes.