and where would the money and time to pursue a lawsuit come from?
https://www.fsf.org/bulletin/2014/spring/copyright-assignmen...
I certainly wouldn't. As a donor, as far as I can tell, this is as good as they could do. I'm much happier that they spend their money on code, and leave it at a statement that can grab attention, like what they have done.
You really believe a guy setting up a superficial fork in his basement has "millions" to pay out in damages?
Because many open source foundations bless commercial offerings. Having the open source foundation come out and say the commercial package is rubbish is the exception, not the norm.