I just looked up the share structure; didn't realise the publicly traded shares only appoints 1/3 of the board. Still their second best option is start buying up competitors and going ahead with purging NYT from their training set. That might well end up a worse option for NYT, as they won't stop LLMs from gradually intruding on their space and the moment OpenAI or other LLM providers own major publishers so they don't need to depend on scraping, they lose any leverage they currently have.

> might well end up a worse option for NYT, as they won't stop LLMs from gradually intruding on their space

The Times almost certainly wants its own LLM. I could see them striking a consortium agreement with other newspapers more easily than OpenAI.