As much as I don't like Epic or Tim Sweeney, gotta side with them on this case. It doesn't matter if they purposefully violated ToS, since the whole point Epic is trying to make is that - along with being unethical - the section of Apple's ToS they violated should be completely unenforceable.
And while I don't like how they targetted kids, making a public spectacle of court filings to prove a point isn't new. Like, a decent amount of the cases that are taught about growing up - Scopes trial, Plessy v Ferguson, Brown v BoE, etc. - were carefully-engineered public spectacles designed to test legal waters and put public pressure on either the defendant or plaintiff (and yes, I shouldn't have to say it but obviously civil rights and this aren't as comparable, but don't act like Epic is doing something out-of-the-ordinary by making this a circus).