Feels like a bad time to bite the hand that was willing to defend a precedent that serves everyone (if publishers were successful there, they'd have a much easier time arguing in other countries for "harmonization" legislation).
Precedent or not, they have no ability to enforce any of such ridiculous claim had it gone the other way, it's like certain governments trying to 'ban' encryption.
It's a good time to think about how to fund legal defense for free / open source software, and not rely on alliances with scammy companies.