I'm clearly not doing a great job of conveying my thoughts today. I should probably spend more time reading what I've written before I hit the reply button.

I get what you're saying, in a particular ingroup this is *the* gospel riposte to a particular lawsuit involving a epic corporation and Apple. And everyone understands it there.

For whatever reason, that's the only place in tech I've seen a group of people nodding along to "complaining about bad thing is bad because the person complaining also is bad generally." It's a specious argument, so it sounds odd, and outside that context, people aren't likely to steelman it.