On the other hand, NYT website willingly gave out all the information without imposing limitations. Seeing terms of service requires visiting a separate page, they aren't seen immediately upon visiting the website. Understanding and accepting the terms also requires a human interaction.
robots.txt on nytimes.com now disallows indexing by GPTBot, so there's an argument against automated information acquisition starting from some moment, but before some moment they weren't explicitly against that.
