You have to argue damages. It actually has to have cost NYT some money, and for that you need to know some extent.
which is irrelevant at this stage. Its a legal principle that both sides can fairly discover evidence. As finding out how much openAI has infringed copyright is pretty critical to the case, they need to find out.
After all, if its only once or twice, thats a couple of dollars, if its millions of times, that hundreds of millions
It’s very impressive they managed to do such innovation in their spare time while running a newspaper and site