Like I said, it sounds familiar. They were accused and denied it, just like this case. Furthermore, after they claimed to have stopped it they continued to fight in court claiming, as they are right now, that what they were/are doing is perfectly legal. The "no laws were broken" defense.
It's okay. You don't need to create a conspiracy theory to cover up your lack of knowledge about the protocol. I have stated one simple fact: WoWLAN has to be in standby. You know why? Because WoL can receive power via ethernet in order to get the wakeup signal. Until WiFi can provide enough power via RF to keep the chip running and also stay connected to the SID, it can't work without standby power being on. Yes. I know. Facts are bummer. But keep trying to make yourself feel okay by exaggerating and mud flinging.
You're thinking of WoL - not WoWLAN. WoWLAN can't operate in anything but a standby mode [which the Nest seems to be in] and even then is problematic due to routing issues (although less problematic in a typical home network).