I'm loathe to side with the NYT, however its hard to imagine how they don't prevail in this case.....I mean if any functioning copyright law is to remain intact.
However we are increasingly late-stage empire where multiple legal contradictions are simultaneously being propped up somehow....so perhaps OpenAI survives.
If they should win, I'm not exactly sure how "AI" will be trained in the future? Would the AI generated answers need to also include citations for which parts came from which sources?