Overall, I agree.

In actuality, there's getting to be some real nastiness wherein lawyers are finding ways to be profitable. Go figure.

And technically there's a greater risk of reputation damage to the blogger.

If I see someone going around randomly lifting photos, I'm automatically assuming they also lift text. I also assume they aren't spending a great deal of time being original.

And, companies are getting tired of doing dmca paperwork. I saw one that was willing to shut me down without research if they got a complaint. I kept moving. Some protections actually create the opportunity for abuse.

So it's not really just about lawsuits. It's also about preserving reputation and protecting one's own IP from takedown.