On one hand, this is a perfectly legitimate reason to sue Apple; they settled, and now Apple broke the settlement.
On the other, how freaking anal do you have to be? This is something that no one cares about. I find it extremely difficult to believe that anyone went ot iTunes and thought "Oh, that's such an obvious slam on the Beatles!" And if it was such a big deal, why did they wait until 2006? iTunes was started in what, 2001? The only reason is simple greed, and that's quite plain; I defy anyone to disagree. 26 million dollars? Where did they get that number from?