The reason why Google keeping entire digital copies of other people's copyrighted works is legal is because copyright is all about distribution rights. Any person can possess the entire works of Disney (without paying for them), for example and as long as they do not distribute those works they're 100% in the clear.
Possession is not a crime when it comes to copyright. It's not like physical things (e.g. drugs or guns) at all. This is why comparing copyright violations to theft is silly.
ChatGPT can absolutely keep verbatim copies of the entire works of basically anything and not run afoul of the law. When it regurgitates a small part of an article that's covered by fair use in theory but the truth is that fair use can only be determined by a judge in a court of law when someone is sued. It cannot be determined with any sort of certainty ahead of time. It's a legal defense, nothing more.
Summarizing content has been legal forever as well (see the other posts here talking about Cliff Notes and some similar products). That's not even fair use that's just like, people's opinions, man (legally speaking).
I don't think the NYT will get what they want out of this at all.
Possession is not a crime when it comes to copyright. It's not like physical things (e.g. drugs or guns) at all. This is why comparing copyright violations to theft is silly.
ChatGPT can absolutely keep verbatim copies of the entire works of basically anything and not run afoul of the law. When it regurgitates a small part of an article that's covered by fair use in theory but the truth is that fair use can only be determined by a judge in a court of law when someone is sued. It cannot be determined with any sort of certainty ahead of time. It's a legal defense, nothing more.
Summarizing content has been legal forever as well (see the other posts here talking about Cliff Notes and some similar products). That's not even fair use that's just like, people's opinions, man (legally speaking).
I don't think the NYT will get what they want out of this at all.