I don't think fear or legal action makes it illegal.

If I know it is legal to make a turn at a red light. And I know a court will uphold that I was in the right but a police officer will fine me regardless and I would need to go to actually pursue some legal remedy I'm unlikely to do it regardless of whether it is legal because it is expensive, if not in money but time.

In the case of copyright lawsuits they are notoriously expensive and long so even if a court would eventually deem it fine, why take the chance.