In what cases were the director's claims thrown out? I am familiar with Einhorn, but the claims were not thrown out. They withstood a motion to dismiss. So what are the other cases you reference?
No one said that settlements are precedents. But they can be victories, nonetheless. And much bigger victories than court cases where the final judgment is undermined by all the legal expenses it took to get there.
Does SDC really need a court to say that a director's creative decisions can be copyrightable? Why? Einhorn is actually pretty good for supporting their position, and it's in the SDNY, too.