To them it probably is. I've seen literal posts ( or GitHub comments - I forgot ) where they are raging their fps dropped from 420 to 370 with the latest patch and that the game is now completely unplayable!
They have a point complaining because the patch had a big fps drop, but the game is unplayable? At 370fps? Gtfo xD.
The fact the family can't sue. They absolutely can (edit: in my opinion).
Disney Lawyers believe they can't ( edit: in their opinion). But wether or not they can is up to a judge in this case. And not up to Disney.
So saying they can't is false until there is actual clarity.
I think "Not Invented Here". Meaning he wants to build everything himself from scratch despite there being alternatives he can use instead.
E.g.: Building your own httprequest library rather than using the existing one which is good enough.