I think you are giving Neo4J too much credit on this. From what I read, they just basically slap Common Clause on APGLv3 and call it a day.
The court just came in and adjudicate this is a (AND &&) clause instead or (OR ||) clause because assuming the latter would be kinda pointless because the Common Clause is more restrictive.
Courts are there to decide how the law applies to a given situation when the parties do not agree.
A judge makes a decision and that decision is in accordance with written law, precedence and legal tradition.
If necessary it supersedes the intention of the original authors of the contract and the parties can appeal to a higher court.
The law itself is pretty much what the government says it is.