We try so hard to raise our kids to stand up to bullies together.. yet some some rich bully sicks a pack of lawyers and everyone scatters running for cover all backing down and caving in. If TGR, Epic, and all of their members could commit to standing up to this bully together they couldn't do squat. That's why they're trying to divide is down the most granular level and it's working.
I totally agree that standing up to bullies is how we should act, and teach our children to act, but the difference is that standing up to a bully in the school yard doesn't cost you tens (or hundreds) of thousands of dollars, and there's no upside for whoever fights against Sunshine's lawyers and wins, only costs.
This whole thing is simply a case of dollars and cents involving a wealthy bully who realizes he can push the little guy around with threats of legal action. The little guy has to decide whether it is worth it to fight for their rights in court and incur potentially huge costs to do so, even though they would ultimately win. What's the upside if they win... simply that they can maintain their right of free expression, but is it worth the price in dollars to them just to keep a forum thread active? Most assuredly not. Therefore the rich guy usually wins because the little guy can't afford to fight them in court, even though they would absolutely win in this case. It definitely sucks, but you can't fault EpicSki, TGR, or any of the other online forums or sites for choosing not to bleed money they may or may not have, for the sake of principles.