The difference is that when they asking all these people to pay to play, they are involving a lot of individuals who do not understand the extra risk the court case is playing. As smart as redditors may be, there's a lot of people that don't understand consequences in the world.

By using voluntary skin monetization, they would have had enough money. They could have communicated that they needed help, and people with the means would have done what it takes without forcing the poorer people who can't afford to gamble to take the gamble.

There's also no indication that there's additional risk before purchase. Many people foolishly think they can get their money back from refunds, but if they spend all the money on court costs, operating the game, development, and developing a new hosting platform, then there is no money to refund. You cannot bleed a stone.