Earlier quoted context omitted.
I think the problem in all those statements is how US law works (e.g. badly). In Europe, yes, I would agree with your assessment.
No, this is just what a lawyer would say. Every time I've consulted a lawyer (in Europe) I was told that the situation is very difficult, and there are big risks involved if I didn't do it properly, and a long and detailed contract would be required to avoid all these risks, and it just so happens that the lawyer I consulted with is very experienced in this area and would offer to set up such a contract for me. The c…
For example, when (in Germany) you get an "Abmahnung" (https://allaboutberlin.com/glossary/Abmahnung) for filesharing even though how to respond is standardized advice you are probably still better off having it sent by a lawyer. It tells the other party that if they escalate that you are less likely to cave in to the pressure, that they would have to actually have to go to court, which is expensive and time consuming and in filesharing cases only worth it when they want to "send a signal" or create a court ruling to be able to point to.