Not sure if that would hold up in a court of law and I hope it does not come down to that. No one needs a class action suit at this time. Just because they called it "S"22 does not make it a completely different type of software than R22. Remember that what separates the perpetual licenses from the subscription licenses has more to do with the license server and NOT the software itself. They updated the software so it should be in scope per the wording of the MSA.
While I am not a lawyer, I would certainly hope that our copy-write laws are bit more stringent in their definition of unique work. If they were that flimsy to accept that S22 is a fundamentally different work than R22, then I could simply re-sell MAXON Cinema 4D as "Saxon Seenema 5D" and not get arrested for copy-write infringement. Probably not the best example, but you get my point.
Other things in play is the post COVID-19 economy. While the US government is trying to help businesses keep employees with free payroll subsidies, those subsidies do NOT help out with lease costs (building, equipment, etc). So any DCC company with less than 3 months operating cash reserve is going to suffer as their building and equipment lease costs could exceed their payroll costs. Plus demand for those services drop as production companies shift schedules out and payroll subsidies will not last forever.
So MAXON's customer base will be strained in the coming months. Fighting over the interpretation of service agreements with that user base will hurt not help MAXON. Stepping up an helping people impacted by COVID-19 is the better play. Goodwill always goes a long way.
Dave