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There was a great talk by those hackers at the CCC congress a while back where this story was originally published. Its fairly in depth, showing everything they did to get past the DRM and stuff.
https://media.ccc.de/v/37c3-12142-breaking_drm_in_polish_trains
Newag is suing in the Warsaw court for 6,453,000 PLN (US$1.7 million) for copyright violation and unlawful competition. It is also suing in the Gdańsk court, demanding 5,100,000 PLN (US$1.36 million) for unlawful competition, and infringement of personal rights.
It sure seems like Newag ought to be viewed as the one engaging in unlawful competition, but I have no idea how the law actually reads in Poland/the EU.