I had mixed feelings about Yoko Ono’s lawsuit against Expelled — fair use is a desirable goal, but I don’t think Premise Media was exercising fair use, since their movie wasn’t about Lennon’s music or ideas — so I can’t say that I’m at all surprised or upset that the lawsuit is likely to go down in flames. I’m also not appreciative of the fact that Lessig thinks this is a “great success”; it is at best a mixed result, because while it may support Lessig’s principled defense of fair use, it is also a case where he’s supporting people who are promoting lies and ignorance.
It really doesn’t matter much now, though. The propaganda movie is a dead issue, a complete flop, and it is not going to come back from the dead after a court decision that had no effect on its declining popularity is reversed.