Why wouldn't they if FOX is giving them a fortune? The more exclusive you can make the club the more money it's worth.
As for the G5, spending potentially 10s of millions, that they don't have to begin with, on lawsuits doesn't make any sense.
I know I'm connected to the FCS scene a lot more than anybody on this board but the most likely outcome is the top 64 doing their thing and the G5 joining up with the top of the FCS (Missouri Valley, CAA, Big Sky, New WAC) and becoming a true second division with 72 scholarships and their own, much larger, playoff system. Those discussions are happening because the G5 has seen this coming.