IANAL but aren't the key terms there "selectively banning" and "publicly available"? NYT articles are largely behind a paywall for everyone. That means they ar

IANAL but aren't the key terms there "selectively banning" and "publicly available"? NYT articles are largely behind a paywall for everyone. That means they are not publicly available, and a competitor who was blocked from accessing or reproducing that content without a license would not be "selectively banned"