I haven’t really picked a side, mostly because there’s just not enough evidence. NYT hasn’t provided any of the prompts they used to prove their claim. The OpenAI blog post seems to make suggestions about what happened, but they’re obviously biased.
If the model spits out an original article by just providing a single paragraph, then the NYT has a case. If like OpenAI says that part of the prompt were lengthy excerpt, and the model just continued with the same style and format, then I don’t think they have a case.