I'm suggesting that taking legal action may merely be part of the strategy. It's still additional exposure. For a fraction of the cost of a traditional campaign they've managed to distribute this given quicktime to millions upon millions of computers while positioning themsleves as an opposing binary--VW is indeed "anti-terrorism." It was offensive enough to be linked to across the aim network, websites, even shown on tv. Airtime without the bill. I understand how unfathomable this may all seem, but it's not nearly as unrealistic as you might imagine--traditional advertising is dead. Look around the bend. I've spoken to a number of senior creatives (two of whom creative direct for a nameless gigantic firm here in the city), that have every conviction this is just an underhanded viral strategy.
That said, I'm sorry that I seemed to refute what you'd said. I'm still on the fence.
But given the evolving nature of brands, the revolution in media-based marketing, and the a new science regarding perception and persuasian (name escapes me), I really would ask that you take the media surrounding this ad with a grain of salt.