Not to be combative: It seems like you're implying that this failed because Facebook is powerful, but I interpeted this the other way around -- "Facebook is a popular blue website, and maybe did some stuff, but who cares? There are lots of websites."

I agree that if they brought the case they should have had an argument, but it's less clear that they should have brought the case, or that size was an issue.

Op said Weak case... Right at the beginning of their comment.

Yes but the question is that is there even a “stronger case” or is any case made weak due to the possibility of there being no case.