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That suit supports the idea the project can wait for communication from the rightsholder at negligible risk. (That is, there's no need for ad hoc copyright warnings from third-party non-experts.)

To wit: this is a lawsuit of choice, initiated by a plaintiff (backed by the EFF) who had material briefly taken-down by a DMCA notification. The studio didn't sue: it only sent a take-down, then was itself sued. The studio doesn't appear to be seeking damages, even though the alleged-infringing video has now been up for years (post-counter-notify, with more than 1.2 million views). The studio just wants the take-down honored and the lawsuit dismissed.

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