I think the real issue here is the fact that Berkeley was giving away the videos for free. If they were charging for those videos, they could incorporate the cost of ACA compliance into the price of the video. As it stands though, the state has the right to force work without providing any compensation. ACA compliance then becomes a form of servitude. (being a public university, UC Berkeley does get some state revenue, but it is only 14-25% of the total [1][2] and much of it comes in the form of contracts & grants which can only be used for the specific project they are awarded for). To me that is the real issue here, a simple matter of being compensated for one's work. I think they shouldn't be held to the same standards as someone selling a product, but that doesn't seem to be the lay of the land. I guess this is why we can't have nice things (for free).
[1] http://ucop.edu/operating-budget/_files/rbudget/2016-17budge... (page 47) [2] http://cfo.berkeley.edu/sites/default/files/2013-14%20UC%20B... (Page 1)