DMCA 1203 doesn't require copyright ownership to sue. (check it)
I understand why you assume she needs a copyright, but read the actual complaint and causes of action. Indeed she sues for copyright and DMCA, but asks for damages under DMCA. If copyright fails, it doesn't affect the rest.
I understand why you assume she needs a copyright, but read the actual complaint and causes of action. Indeed she sues for copyright and DMCA, but asks for damages under DMCA. If copyright fails, it doesn't affect the rest.