That confused me as well. I interpreted as judges not having (much) precedent and potentially unable/unwilling to interpret along lines of the license intent. But that’s what courts in this process are there for IMO. If a well written license and a good case, then you need to start somewhere to set precedent.

He is saying a judge will not care that they are technically a separate download. They only care if the end result is complying with the spirit of the license.