Reproductive tools (like photoshop or photocopiers) require a human in the loop and a previous instance of the copyrighted material to reproduce copyrighted content. They don’t ship with copyrighted content inside of them. ChatGPT contains a compressed representation of all NYTimes articles and will freely reproduce them when queried. That’s the key difference. Similarly it would not be an issue to sell a database tool that could store news articles but it would be an issue to sell one pre-loaded with all NYTimes articles ever written.