> OpenAI had no role in the creation of this content, yet with minimal prompting, will recite large portions of it verbatim.
This is the smoking gun. GPT-4 is a large model and hence highly likely to reproduce content. They have many such examples in the court filing https://nytco-assets.nytimes.com/2023/12/NYT_Complaint_Dec20...
IANAL but that's a slam dunk of copyright violation.
NYT will likely win.
Also why OpenAI should not go YOLO scaling up to GPT-5 which will likely recite more copyrighted content. More parameters, more memorization.