It's a novel argument to run - obviously the beauty of the judicial system is that the court ruling against this novel argument now sets a precedent (subject to appeal etc) that can be applied in future.
In some ways, I'm grateful to Universal for running the argument as it's one less cause of action that can be argued in the future, or at least can be dismissed much more easily by relying on the precedent.
In some ways, I'm grateful to Universal for running the argument as it's one less cause of action that can be argued in the future, or at least can be dismissed much more easily by relying on the precedent.