The issue is, I think, that acting in such a manner is supposed to cost you in community good will. The potential for bad PR can force you to act in a more ethical manner, but there's a big separation between the people with the checkbooks and the folks who are aware of the issues here. The courts are there for extraordinary circumstances but it's generally better for all parties to settle a dispute without litigation and AWS could just shovel some money in the direction of elastisearch.