You are aware that this case was actually inititated by Darkspilver when he contacted EFF and challenged the subpoena
First Watchtower filed a formal request at a District Court for the DMCA subpoena. That looks like initiating legal action to me.
And it wasn't just a takedown order as would be most common. It was a subpoena to get Darkspilver's identity in order to be able to sue him. Of course he's gonna defend himself...