Well I hear what you’re saying, although I don’t much appreciate being told what I should want the outcome to be.
My own wants notwithstanding, I know copyright law is notoriously thorny – fair use doubly so – and I’m no lawyer. I’d be a little bit surprised if NYT decides to raise this suit without consulting their own lawyers though, so it stands to reason that if they do indeed decide to sue then there are at least some copyright lawyers who think it’ll have a chance. As I said, we’ll see.