I agree that EFF has no business asking CL to give away its product for free, nor do I think CL should be forced to do so for any reason.
By tap-dancing, I meant that EFF failed to discuss the legal issues in a way that it might, for example, have discussed the actions of a patent or copyright troll in making an outrageous attempt to disrupt internet norms through some indefensible legal artifice. In such a case, EFF would be the go-to site for an astute legal analysis delving into: (a) what was done, (b) why it is legally indefensible (if it arguably is), (c) the horrible policy implications of what was done, and (d) what the motives of the actor were in doing this and whether those motives could be justified for any reason.
As I read this post, I saw none of the normally sharp and even hard-hitting analysis that EFF would offer in such a case. An action that normally would call for outrage has instead received a very diplomatically worded critique from the EFF. That is all I meant by "tap-dancing." It is almost as much about tone as about substance but clearly this to me is not one of EFF's normal posts.