Too true that Netflix doesn't need to offer this, with this ruling that point is even backed-up. But, can any internet based service these days really do anything that's considered a "dick-move"? The people are fickle, and "bad news" travels a heck of a lot faster these days than it did in the past.
Frankly, I think it's a heck of a risk to fight it. They're probably going to end up putting it in anyways.