One of the things pointed out in the findings is that Berkeley makes people/tools/systems readily available to the people producing these resources, but does not require them to be used. Generally, the costs may be prohibitive after the fact if the people producing the material did not take them into consideration. However, they can usually be factored into the costs of production up front, and steps can be taken to make it easier to make the material accessible.
In most cases, it is probably simply a lack of awareness on the part of the people making the material available. The difficult part is educating the faculty and staff of the University about the legal requirements they must meet and the resources available to them to make compliance easier, and, perhaps more importantly, an integral part of the process.
Yes, Berkeley has quite a few resources available, more than most schools. It's probably because of a settlement in a separate case about not serving the needs of their enrolled students. The costs may be prohibitive to an instructor or their academic department but they shouldn't be for the institution as a whole. Not cheap, but not prohibitive.
In most cases, it is probably simply a lack of awareness on the part of the people making the material available. The difficult part is educating the faculty and staff of the University about the legal requirements they must meet and the resources available to them to make compliance easier, and, perhaps more importantly, an integral part of the process.