Let’s note that a NY Magazine article is copyrighted but publicly available.

If an LLM scrapes that article, then regurgitates pieces of it verbatim in response to prompts, without quoting or parodying, that is clearly a violation of NY Mag’s copyright.

If an LLM merely consumes the content and uses it to infinitesimally improve its ability to guess the next word that fits into a reply to a prompt, without a series of next-words reproducing multiple sentences from the NY Mag article, then that should be perfectly fine.