It can be called a win, in that Automattic has shown it's willing to up the ante up and push back.

They're sending a message: If you're going to file a DMCA take down notice, you better be ready to defend it in court if you feel that strongly about it.

This might make those who might file DMCA's frivolously think twice about whether it's worth their time. That's a win for writers like Hotham.