Would you deny that it's possible that they chose (B) because of the reason you said that would lead them to pick (A)?
If not, why not?
I would not deny that it's possible. I can't get into their minds so theoretically anything's possible. I am saying it's extremely unlikely, though, because engaging lawyers to read through and analyze hundreds of pages of legal documents and then issue an official statement/request to a court of law costs thousands of dollars. I don't know of rational people who spend thousands of dollars on things that they consider to be frivolous and silly, especially when there are ways that cost less than $100 to get the same result, ie. to eliminate the thing that's frivolous and silly.
If you could explain why a rational person might pick the far more expensive alternative to achieve the same result, I'd be glad to listen.
Actually the result is not even the same. The several thousand dollar method achieves less than the cheap method because there is still the possibility of appeal, and thus another similar unpleasant situation to face. A valid b/c submission OTOH puts the issue to rest for once and for all.