They don't have to buy a device - Ubiquity has distributed a a device with a copy of the copyrighted thing without fulfilling the GPL conditions (since neither

They don't have to buy a device - Ubiquity has distributed a a device with a copy of the copyrighted thing without fulfilling the GPL conditions (since neither the code nor a legally binding offer to provide the code was attached). That's a simple copyright violation (making and distributing copies without a valid license to do so), and since Conservancy represents copyright holders (some of the developers) whose copyright has been violated, they have standing to sue.