If Roca made legal threats to former customers then waited 3 years to bring them up again, the doctrine of laches ought to apply and kill any possible actions.
Just like we have Godwin's law (As an online discussion grows longer, the probability of a comparison involving Nazis or Hitler approaches 1), we need to name the effect for how fast a variant of "Think of the children!!" will appear when discussing civil liberties and related topics.
We also need to say that Yes, we thought of the children, and they're irrelevant to the discussion.
"I'm calling to cancel my service."
"Why?"
"Because after (insert date) I won't be paying any bills I get from comcast."
"oh, is there anything we can do?"
"yes, stop sending bills. I'll leave the modem on the doorstep."
And so it comes to an end with the Doyle estate finally losing the copyright it has held and jealously defended all these years.
MS may have a rough road on this. It'll be very hard to argue that a seemingly-random collection of letters and numbers has any creative content (copyright), circumvents DRM (it's a KEY, it opens locked content), is a trademark, or deserves trade-secret protection.