Yeah I don't pretend to be able to interpret the law accurately or believe even as a layperson that if they did/can be shown to have used downloading tools the other arguments have much of a leg to stand on. Same with much of the stuff around the DMCA itself. The part I'm more waiting on is why the ask to dismiss the circumvention claim was denied:

> As noted above, the Court does not consider and weigh defendants’ opposing evidence when addressing a Rule 12(b)(6) motion to dismiss

I.e. the claim towards the end in circumvention was not dismissed because the counter argument/counter evidence itself was found to be valid/invalid yet (that being there is no evidence such download protection circumvention tools were used). Just that counter evidence is not a reason to dismiss at this stage. That's the part I'm interested in seeing the ultimate ruling on, as it does seem reasonable to say it doesn't matter if it would be against the DMCA if there's no evidence circumvention is actually how the video was actually grabbed.

We don't know what the evidence is. The defendant's motion here is asking for the claim to be dismissed even before they've gotten to the point where they present their evidence. The defendant might as well have said, "There is no evidence against me here. Trust me." You don't get to do that.