It seems, lately, that there is a clearer-than-ever delineation between legality and enforceability. If our government commits an illegal act, who is able to enforce it? Who's able to hold them accountable? I wish I could say I had a good answer to that question.
The only thing with power over the US Government is other parts of the US government. Thus if the executive branch commits an illegal act, the Congress can impeach, the courts can make orders, etc. If the Congress passes an unconstitutional law, the courts can annul by ruling on the constitutionality. If the courts go overboard, the President and the Congress can appoint new justices. Checks and balances.
This act is on the executive branch side, so it is up to the legislature and/or courts to enforce. Private citizens can speed up the process by trying to sue, but of course, good luck finding someone with standing in this case, based on recent court rulings about domestic surveillance (only the phone companies have standing, not the people whose records were obtained).
Suing the Government and/or T3 could be problematic based on the example you cited. But there's another option: ignore the license agreement and continue distributing the material. They can try to DMCA you, and you can file a counter-notice. If they then file another counter-notice, wouldn't that give you standing to sue for a declaration that you have a right to distribute the material? If they sue you, well, you get to make your claim in court.