For those interested, the case has been fully briefed this fall, and the recently filed court papers are available here: https://www.courtlistener.com/docket/7182176/watch-tower-bible-and-tract-society-of-pennsylvania/ (entries nos. 18-24).
To summarize the case, it's about Watch Tower Society's attempts to unmask Youtube user kevin McFree, the creator of "Dubtown" Lego animation series, who on May 18, 2018 posted a video titled “DUBTOWN – Family Worship July Broadcast.” The 13-minute video included "roughly seven and a half minutes of footage" from the leaked July 2018 JW Broadcast video.
On June 11, 2018, the former video has been removed by Youtube. Eight days later, a DMCA subpoena request filed by WTS was granted by the US Court for the Southern District of New York, which means Google/Youtube was "commanded" to produce "all identifying information" relating to the user, who challenged the subpoena, represented by pro bono counsel Malcolm Seymour (now works in Foster Garvey PC). In August 2018, both parties presented their arguments as to whether the motion to quash, filed with a five-week delay, should be allowed to proceed; four months later, the counsel for WT urged the Court to act quickly and to dismiss the challenge. Twenty months later, on August 27, 2020, Judge Román allowed the motion to proceed. The user now asks to either quash the subpoena or to allow him proceed anonimously.
The case centers around fair use. The following factors weigh in favour of fair use: the Dubtown video heavily alters and edits small portions (nearly 15% in total) of the JW video (disputed by WTS, which presents it as a compilation of numerous videos) for purposes of "criticizing and lampooning," and the Youtube channel wasn't monetized. What weighs against fair use, is that the broadcast video (at least the relevant parts or it) is expressive and creative, was then unpublished (but intended for publication) and not even complete, and that the Dubtown video was accompanied with a solicitation for donations. Watch Tower also claims there is no enough evidence at this time to properly assess the fair use issue. Finally, there is a dispute as to whether fear of disfellowshipping entitles Kevin McFree to anonymity.
The subpoena, issued on June 20, 2018, hasn't been complied so far, and Google will not provide any information relating to the user until - and unless - his challenge is dismissed.
Further developments will be reported here.