Well, when I spoke to the OTW at their live chat, it seems that they're not going to take on any big corporations, they're going to wait until someone takes them on first. Since I'm pretty sure the fic archive is going to be the first possibly objectionable thing up, I have a feeling that's where it's going to come up first. But who knows.

They also said that they're not going to be going to court if they don't think they can win. They might have to give into TPTB demands.