I would not blame them for settling. Like Ayn Rand said:
A forced compliance is not a sanction. All of us are forced to comply with many laws that violate our rights, but so long as we advocate the repeal of such laws, our compliance does not constitute a sanction. Unjust laws have to be fought ideologically; they cannot be fought or corrected by means of mere disobedience and futile martyrdom.
One does not stop the juggernaut by throwing oneself in front of it. . . .
Full Story Here.
UPDATE: Zeno's has countersued. Good for them.