That's absurd. If a policy sucks, then it should be violated. This is a well known protesting strategy. For example, union workers refusing to work. People generally don't submit well to policies, or laws, that suck. Another example, gay people having gay sex before it was decriminalised.
So to say that it was a "fault" to challenge what sucks… Well, it's an absurd choice of wording, if it isn't what you meant.
I think his point is made up of a couple of matters. He's not saying that one shouldn't challenge what sucks, but that one ought to play smart, and know how to pick their battles. I suppose in a sense, it's not unlike a rebellion where the rebels knew right from the start that their cause was doomed all along, but they still marched grimly into certain death just to send a message.
1) Protesting an unpopular law doesn't always mean you will win. It just means you are protesting. Just as unions don't always get their way, and laws sometimes are there to reflect the general sentiments of the community rather than what is absolutely right or wrong (and I say this, coming from a country which only recently decriminalised gay sex, though it was never actively policed).
I have stated right from the start why I felt Epic's lawsuit was always doomed to fail. Consumers don't care about a 30% tax they will never see, they don't exactly hate walled ecosystems, and anti-trust arguments against Apple simply don't hold up to scrutiny, because US antitrust law looks at harm done to customers (as compared to the EU, which looks at harm to small businesses).
In short, Epic never had any chance of winning, because the bulk of people didn't agree with that they are doing. It was never a fight about right or wrong, which brings me to my next point.
2) The bigger problem here is that Epic was always the worst possible candidate to be the face of championing App Store change. It's pretty clear that Epic is doing so because they have been paying a lot of money to Apple in IAP revenue, and therefore have the most to gain. If the judge had sided in their favour, the payoff would have been huge. They would not only be able to keep that 30% App Store cut for themselves, but also potentially offer their own App Store on iOS devices, host other developers' apps and charge them a cut.
It didn't help that Epic has recently been in the news for very shady actions themselves that cast a dark cloud over the freemium app market and make a case that this is an industry in need of regulation themselves.
Which also makes it clear how hypocritical their actions are. They are not doing any of this to benefit consumers or empower developers, but to simply enrich themselves.
The danger, now that Apple has all but won, is that they will feel emboldened by its victory and will rigidly defend their practices. Apple will have no incentive to make any further concessions to developers because its legal victory will stand as a symbol of its unassailable authority on iOS (whereas compared to before the lawsuit, Apple had at least been making slow but measured change precisely to avoid the threat of an impending lawsuit).
Epic’s reckless gamble has been bad for the app economy. That's the risk. In trying to bring about change, you end up making things worse for everyone else.