Attorney Paul Levy just rips to shreds Adam Feder’s arguments, and in response makes his case even more compelling than in his original memo to quash.
One thing I hadn’t written about in my post on Feder’s arguments was his discussion of Sony Music v. Does, which I didn’t have time to read, and didn’t have opportunity to compare their respective arguments on this issue. It’s only in reading Levy’s latest that I learn that Sony is a case of revealing the identities of file-sharers. I had assumed (naturally, one might say) it was dealing with an issue of
some sort of true (thanks, arod) expression, but now know otherwise. My immediate thought upon learning this: Feder must be joking. I suppose one could make a more tenuous legal argument, and in truth Feder probably has in other areas of his brief, but that’s really quite special.
My favorite line:
The other statements on which Greenbaum relies for her claims against the commenters are likewise nor actionable as libel. It may be hurtful to be called ugly, but just as beauty is in the eye of the beholder, so too is ugliness—the comment is surely pure opinion.
Hey, that’s what happens when one puts one’s appearance on the table.