If you forget about the LLM aspect, and simply build a product out of (legally) scraped NYT articles, is that fair use? Let's say I host these, offer some indexing on it, and rewrite articles. Something like, summarise all articles on US-UK relationships over past 5 years. I charge money for it, and all I pay NYT is a monthly subscription fee. To keep things simple, let's say I never regurgitate chunks of verbatim NY…
Another factor to consider is that neural nets can function as lossy compression, which becomes extremely evident when using models that are overfit. Sometimes they're so overfit that the compression isn't even lossy, and the data is encoded verbatim in the NN.
Here's an article from November 2023 that discusses this:
https://not-just-memorization.github.io/extracting-training-...