Which is amusing because NYTimes has fought in court a few times in favour of technology progress over copyright. Including recently when they got sued over collected a bunch of freelance writing into a database without consent.
https://harvardlawreview.org/blog/2024/04/nyt-v-openai-the-t...I doubt the exact replica stuff will stand, as technically it was only achievable via advanced prompt engineering (hacking), not simply asking for a replica. So their 2 other arguments boils down to scraping a news database = infringement and LLM output = derivative works.