That confused me as well. I interpreted as judges not having (much) precedent and potentially unable/unwilling to interpret along lines of the license intent. But that’s what courts in this process are there for IMO. If a well written license and a good case, then you need to start somewhere to set precedent.
He is saying a judge will not care that they are technically a separate download. They only care if the end result is complying with the spirit of the license.
GPL licenses are so much interpreted along lines of license intent that a German judge ruled GPLv2 software couldn't be Tivoized.
I would expect this to forcibly unlock the bootloaders of every Android phone sold in Germany (because the Linux kernel, used on all such phones, is GPLv2, and to replace it the bootloader must be unlocked, and tivoization means restriction of the right to replace it), yet as far as I know this is not the case.
So, what am I missing? Which specific German cases are you thinking about?