Siblings of this comment piling on to point out the timing: yes, yes. I don't suppose proximate or triggering causes can coexist alongside ultimate or long-term causes by any chance? Like hey did the last straw break your camel's back or was it all the previous straws? Couldn't possibly be both, so let's argue about it.
The "straw that broke the camels back" analogy is perfect and I should have included.
It's my stance that while yes the NEL was the final straw that prompted the case, that straw would have been something eventually.
What's the point of arguing over what caused the final straw, their mission statement(free access to knowledge) is incompatible with the publishers(limit access to knowledge for profit). This was going to happen eventually, the only bad thing about the IAs decision to create the NEL is how much it's dominating these discussions instead of the actual issues.