You’re not just display the contents of copyrighted works publicly, they’re selling access. This flips the script for the 1st factor of the Fair Use test. Additionally, by selling it to people who use it to get news summaries, you can argue you damage the market for a NY Times subscription, which triggers the 4th factor.
I don't think anybody has claimed that OpenAI is causing NYT subscriptions to go up. NYT has even expressly made the claim they're losing potential revenue.
> [1] On the most important factor, possible economic damage to the copyright owner, [Judge] Chin wrote that "Google Books enhances the sales of books to the benefit of copyright holders."
