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It's not whether people can get the data. They need to prove people are getting the data.

So in effect if a lot of people don't get the data now, then it will never matter, is that right?

That logic makes no sense because if they don't get it right now then it does not mean that they will not get it in future.

If Times and its staff can get the text, is all that matters because the use and rate of data usage is not material as it can change any time in future.

Court cases aren't generally about hypothetical futures. There is a specific claim of harm and the plaintiff has a legal right to the evidence needed to prove the harm if there's reasonable suspicion it exists.

Capone isn't allowed to burn his protection racket documents claiming he's protecting the privacy of the business owners who paid protection money. The Court can take steps to protect their privacy (including swearing the plaintiff to secrecy on information learned immaterial to the case, or pre-filtering the raw data via a party trusted by the Court).

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