

I’m inferring from these two quotes:
1-Suhy said that he’s unsure why the Free Software Foundation didn’t choose to intervene. “They actually did not want me to appeal,” Suhy explained.
2-“I was willing to work with them. I want to make sure that we protect the license and make sure that there’s no dangerous precedent. And the only thing that they could come up with was not to appeal, which I couldn’t do.”
From the beginning of the article: -“If the appellate court upholds that decision, which endorsed database maker Neo4j’s right to amend the GNU Affero General Public License, version 3, governing the use of its software with new binding terms, current assumptions about the enforceability of copyleft licenses will no longer apply.”
What that says to me is that FSF fears the 9th will use this case to expand corporate power, as they often have in the past, and the precedent thus set will have a much wider reach than a low court decision. This Suhy guy may burn the forest while trying to save his tree.
But, IANAL, YMMV.
I’ll edit my comment to clarify, you make a good point.