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Gideon....stop!
You can assume they had the best lawyers available in the world who would love to have won this case if they could have as it would be a huge boost to their stature in the legal field as well as establishing some very important new case law and precedent for the torrent community at large.
If the technicalities you are bringing up are indeed worthy of note in this case, you can bet your bottom dollar these attorneys would have raised them. It didn't happen.
Or perhaps unbeknownst to you they did and they were argued down.
You need to take a good hard look at this and admit that you yourself do not know all there is to know about this issue. Others with even more expertise than you were in the courtroom when this decision was handed down.
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