If they want to actually sue, yes. but for the time being they’re simply drawing attention to admissions made by Richard Stallman and others from the FSF itself. If you want to know more about Stallman start with his website www.stallman.org.
At that time they'll likely be barred from collecting any damages between the time they claimed infringement and actually provided the evidence. They may even have their case thrown out or restricted due to the dishonest delay. It has happened, many times.
Silly me, I thought they were making vague assertions of harm in the hopes of generating a new revenue stream. More commonly known as extorting protection money.
It might have been more credible if they hadn't already tried run this play by proxy via SCO.