This was confusing to me as well. I saw EDNY and was confused about why it was booted due to federal preemption. Considering the importance of this procedural aspect, it seems like a pretty big deal to get this wrong.

The real story here is left completely untold: why didn't they bring a copyright claim? Could they bring a copyright claim in the future? Could one of the owners of the copyright bring a claim? These are the questions that matter.