Most likely the times could win a case on the first point. Worth noting, Google also respects robots.txt so if the times wanted they could revoke access and I imagine that’d be considered something of an implicit agreement to it’s usage. OpenAI famously do not respect robots.txt.
Google books previews are allowed primarily on the basis that you can thumb through a book at a physical store without buying it.
Most likely the times could win a case on the first point. Worth noting, Google also respects robots.txt so if the times wanted they could revoke access and I imagine that’d be considered something of an implicit agreement to it’s usage. OpenAI famously do not respect robots.txt.
Google books previews are allowed primarily on the basis that you can thumb through a book at a physical store without buying it.
If that’s the standard then any NYT article that has been printed is up for grabs because you can read a few pages of a newspaper without paying.