The person could have volunteered to write the subtitles themselves or, if they were deaf, to hire someone or even ask someone to volunteer to write subtitles. Or any other number of solutions.
To jump immediately to litigation is aggressive and shows that their true motive was not to actually enable the production of courses with good subtitles.
Why should they do any of that when Berkeley was in clear violation of the law, and easily demonstrated to be at fault?
As I said - if this is such an obvious wrong, fix the damn law. As it is written, Berkeley didn't have a leg to stand on.