It's not about who is less harmful. It is about what the effects of the precedent would be.
The precedent would be that the NYT can charge money for AI training. OpenAI is not likely to disappear if it loses, but even if it did, the NYT would just find some other buyer. A win for the NYT would establish that they can charge money for AI training on their archive. That's pure profit for the owners of the NYT. There is no reason why they should pay the authors again (or the printers, assistants, janitors, and anyone else involved in the making of the articles).
Whatever harm you see coming from OpenAI is not going away if the NYT wins. All a NYT win would mean, is that owners of intellectual property get money without having to do work.