Saying that ZUN was behind all of this is wild. If you make the argument that he should he check his lawyer sure. But otherwise is really just reaching the straws here. Unless there's evidence suggesting it.
It's not "wild" to claim that. It's the most reasonable thing to assume.
Anyone who controls a brand as big as Touhou (which is worth at least millions) should know about what's going on about it. Obviously they don't need to know
everything on the whole internet regarding your brand, but this issue was so easy to be avoided/fixed that I can't really believe on the possibility of negligence.
Absolutely no one else in the corporate world would be able to pull this an excuse and get away with it. Imagine if any other person/company said "Whoops~ My lawyer went rogue and now I accidentally took down 50 YouTube channels. Sorry guys, I didn't knew about it." People wouldn't forgive him/them so quickly. Except Nintendo, because they can get away with anything lol.
And entertaining the idea of "ZUN didn't knew", it would mean the man doesn't know the basics regarding his most important asset that brings food to the table of the family he's in charge of. He would need to be so ignorant, that people would start to wonder how he reached the position he's in, and... well, considering what happened with the AI situation you kinda have a point, lmao.
All that happened over a goddamn background image, rotflmao.
Fair, probably he didn't looked at anything outside of his life, obviously the man has a family to feed. So it's understandable to not check out that much.
That's not an excuse, nor it's understandable. He has a good job and is in a privileged position on his life if you compare to the average person in Japan (or even in the world). Of course he should have the time to work and to check on things from time to time, and as the owner of the franchise he should be expected to do so.
In a nutshell, I rather believe he made a poor decision that affected mostly the western fans (who he apparently don't even know about) than to believe he doesn't know the bare minimum he should on his most vital asset. Both scenarios are bad and imply he's out of touch with his community.
These are my honest thoughts. And I sincerely don't dislike ZUN, but this situation is so unnecessary that I can't avoid to get a bit mesmerized and lower the bar a bunch. I also won't deny the possibility that you're right, but as stated it would only make things worse for him.