Right, and let's hope that nothing is transferred. Although the door is probably already too far open for that. The NYT shouldn't have access to user data. My personal data isn't a pawn in their lawsuit. I didn't sign up for that.
I do want to take this opportunity to encourage people to demand compensation from the NYT, if they do somehow get user data. After all, it's YOUR data. If someone uses it without you expressly agreeing to that use in a EULA, they are effectively engaging in piracy of your intellectual property, and you should be able to get damages. And if a judge approved it? Sue the judge, too. Hell, that's what the world has come to isn't it? The legal system is a big war between corporations and we, the people, are just carried on the wind.
(I am not a lawyer, but whatever the equivalent of a "lawyer" is in the court of public opinion, I think I'm slowly becoming one out of necessity)