Feels like what Moglen is saying here is: "We don't want to take it to court because it we do the courts will prove that what we have been asserting all along is false, and so better to assert a falsehood and hope people will believe it than to actually risk having the falsehood exposed?"

Note, I am not pro or con GPL, I recognize it exists and that many people value it and I respect the choices of those people.

But I don't like it when people assert that falsehoods are truth, and as far as I can tell that is what happens when FSF claims that GPL has legal meaning but do their best to avoid having it ever tested in court. And I have felt this about GPL for many years, it's not an opinion I just recently formed after reading this article.