Yeah, I feel the same re: NY Times. But thats because (iirc) the model was reproducing large parts of their articles word-for-word.
But so long as chatgpt doesn't reproduce any of its sources word for word, I don't think its a problem. Especially since cookbooks have been doing the same thing for centuries.
At least, I think that's where I would draw the line. But I agree - we're in very new territory. Who knows what a judge will think.