They could not mention they usually don’t sue and that they are small and “have to pick [their] battles”, which effectively means “there will be no repercussions from our side, we won’t even consider trying, so continue to do as you please and even worse”.

Saying nothing is an option. It is very possible (and the FSF has done it) to put yourself into a weaker position by saying something.

You don’t have to lie, but you don’t have to unpromptedly volunteer you don’t have a hand to play, either.