Technically true, but people are naive to think the catalyst to file the lawsuit wasn't the NEL.

CDL had been going on for years in a bit of a cold war. Publishers had a lot to lose if they lost CDL and just lived with it. When NEL happened, they decided to use their nukes. They had a rock-solid case against NEL, so might as well use it and try to take out CDL at the same time.

If they lost CDL but won NEL, they would be back where we've started for years.