Earlier quoted context omitted.
They could. They would lose, though
A No-CD crack might not be transformative enough to warrant copyright protection as derivative work in the US. But they could sue in a jurisdiction that is more likely to give them a favorable outcome. Handling of derivative works and the minimum threshold for copyright varies considerably between countries.
At best it would be a wash, there is a decent chance the damages for the countersuit would lead to a net loss.