[algorias]

Depends on what the meaning of "is" is, actually.

What falls into the category "under attack"? threat of litigation? actual litigation? in process of settling? having settled?

[zaphar]

Any one of those mentioned in your question are bad. If it's all of them it's still bad. No matter what meaning of the word "is" that you choose it's bad. That's kind of the point of the article really.