Well DBG knows that the lawsuit they won will spook enough people to not even dare take their bluff of a C&D against a non-profit server utilizing custom content. This is nothing new in the grand scheme of emulation and PC mod projects since the late 90's ever since the 1999 Sony Computer Entertainment, Inc. v. Connectix Corp. lawsuit which was a pivotal moment in emulation history where a scrappy underdog not just took the bluff, but won.
Good video and channel if you're interested in the topic
https://www.youtube.com/watch?v=fcD420hP3YM