The VCR is a Poor Analogy
Like LLMs, VCRs do indeed make copies of copyrighted material.
But what they *don't* do is take every recording ever, smash it all together into a database of tiny clips and then regurgitate a chain of different bits and pieces claiming it's somehow an original work. And they certainly don't do it in exchange for money which I imagine is the real motivation for The New York Times' lawsuit. If OpenAI wants this to go away, pay them.
You can't walk into the supermarket, empty all the boxes of cereal into a big container and then scoop out a box's worth and walk out of the store like nothing happened.