In this case, it is the NBA who is escalating the remarks to a point where it arguably hurts business. Sterling's private remarks don;t have much effect at all, without amplification and reaction. Why should Sterling pay if the damage is caused by an unreasonable reaction on the part of an over-reacting (thin skinned, perpetually offended) NBA Commissioner? Player's Union? He pays his bills, the team shows up for games, etc.
I'm glad to see Sterling fighting - although he'd be crazy not to. If I was him, I'd be out to ruin Mr. Silver.
What’s an 80 year old billionaire got to lose?
If his private conversation had remained private, it wouldn't have hurt business at all. The MSM is "hurting" the business by turning it into something of Holocaust proportions.