Not to mention that it is incredibly expensive in the U.S. to get a court case to a point where it creates binding precedent - and arguably there is no such thing in the modern political environment. So even if every single case is won or settled largely in favor of independent content creators, there will still be a https://en.wikipedia.org/wiki/Chilling_effect on the entire scene, especially on creators whose works would require essentially-from-scratch rewrites to use a different system.