Re: Maybe he did.
No, I believe the chain of events was, as he eventually later admitted to, he saw the post, contacted someone he knew in Marvel's legal department, who then sent cease and desist letters to Livejournal, who yanked the comm and then passed on the legal warnings to certain posters. Marvel appeared to pick a number of posts at random that held posts from their comics and held them up as examples.
At the end of the day, Livejournal are responsible for killing the comm. But they wouldn't have done so had David not made that first step and got the legal department involved.
It's all ancient history now, but I can certainly understand why people feel aggrieved.