It's not clear the case is going well, but it's being actively defended. India has relatively strong Fair Use tradition.
But note Windscribe is itself a VPN operator.
Paper 1: discussion of USC 512(f) added, and why it does not seem to
Two definitions of transformative use:
Which should it be? Judge Pierre Leval thought the requirement for Fair Use should be that it would "fulfill the objective of copyright law to stimulate creativity for public illumination", which might be either. But the first option does come close to describing derivative works.
Theft! A Musical History: Bridgeport case at p 173 (link in the Music Sampling case)
Drake and Jimmy Smith update
Kelly / Perfect 10
Cariou v Prince
Google v Oracle
Does the Napster model work for film?
Sony v Universal, 1984
Feist v Rural, 1991: it has to be original
MGM v Grokster
Mail & Guardian
Viacom v YouTube
Server-based filesharing and SOPA/PIPA (laws that seemed inevitable but which ultimately did not pass)
Lawsuits against Users