I've written about the lawsuit often enough on HN that I'm routinely criticized for writing too much. Of course, if I don't bring it up, I must be trying to hide it.

In any event, there's no legal reason why he couldn't comment. He's not involved, except to the extent that his own company might also be ignoring the law and thereby breaking it--which I have no idea if it's the case or not. But plenty of startups do.