You are arguing from an abstract position. The universities in question have already chosen to provide free educational resources and are now being sued to provide a reasonable accommodation to allow a subset of the population access to those resources under the aegis of the law.

Old joke:

A marxist economist meets a market economist at a conference. After listening to an exposition on Smith and Hayek he nods vigorously and says "Yes, yes! I know it works in fact but does it work in theory?"