The company's filing possesses a near whisp of misdirection. A deft slight of hand ostensibly advocating support of the NIC and ripeness, but yet a clever legal strategy defensive in nature.
A strategy of deniable complicity with the east, while at the same time, framing the courts response, forcing Silver into an unequivocal judgement that she wouldn't deliver in the DJ.
Either way, the filing veils a subtle intent compelling the court to go on record as to the extent of liability that Silver essentially refused to address in the DJ. Instead of the company saying, "Tell me if I must use the NIC," they are now saying, "I am using the NIC, so stop me."
Reframing the same question to compel an immediate response while at the same time shirking the liability of complicity in any future litigation.