1. ChessBase was in violation of the GPL, but then cured the violation by releasing code (https://stockfishchess.org/blog/2021/statement-on-fat-fritz-...). But the post claims they refused to release the weights.
2. But the weights are already being released with the program they're selling. Otherwise, how would the program run? Why would they refuse, when they already distribute the weights with every copy of the program? I thought maybe Fat Fritz 2 was a cloud-hosted solution (weights aren't provided locally), but https://en.chessbase.com/post/running-leela-and-fat-fritz-on... seems to indicate it can run on a laptop with a GPU.
I suspect Stockfish may be trying to argue that whatever code was used to generate the weights is also covered under GPL, and that ChessBase is in violation because they refuse to release this code. I hope they don't try that argument, because it's certainly not true; you're free to train a chess engine however you want, insert the weights into a GPL'd program, and then are under no obligation to release the code to train the weights.
3. Setting aside the question of copyright entirely, it's unclear that Fat Fritz 2 is actually worse. Stockfish references https://www.sp-cc.de/ as an independent rating system, but if you look at the detail view (https://www.sp-cc.de/files/programs.dat) Fat Fritz 2 only seems to be compared to Stockfish 13 (210218) and not the latest versions of Stockfish.
I'm on Stockfish's side here, because I suspect ChessBase simply duplicated StockFish's training methodology and tried to pass it off as their own. (The engine's performance seems almost identical.) But I hope Stockfish has an airtight case for court. It'd be a bad idea to hinge the GPL violation on "they refused to release the neural net weight training code."