I think that bothers Axis Mikey as much as the official Cuban broadcast of a "bootleg" of his film did (not one bit). The question isn't whether Michael is willing to piss off the video distributor of his film (he can still push the home video as a way of seeing the "bonus" supplements), the question is whether any network wants to be held financially liable in the resulting lawsuit.
Michael Moore wants to get as many viewers as he can influenced by this film. A "Hail Mary" October Surprise like this would still take a couple days of talk radio to once again refute the points.
If the DUI report in the final days of the 2000 election cost him 0.53% of the vote, then it cost George W. Bush the popular vote.