It's my belief the Disney+ EULA claim was just the lawyers doing the "throw everything at the wall and see what sticks" shtick (no pun intended). They knew it was likely to not hold up, but tried it anyway because, if it did, it helps future claims.

>Disney's position was nowhere near as unreasonable as everyone understands it to be.

>Now, the Disney lawyers also tried to argue that the Disney+ EULA would actually (at least plausibly) be relevant.

Well, you know, they also could have not done _that_. With it they deserve all the flak that they've got and more, simply because they resorted to a scummy tactic, whatever the reason.