For various reasons, I'm not able to provide a source for this. Suffice to say, just because it seems likely that you would end up winning the case doesn't mean someone with deep pockets won't do everything they can to keep you from doing it.
Does that apply to OPs argument? I don't think so; but just like Aaron Schwartz, lawyers can be quite creative when their clients are willing to pay.
Does that apply to OPs argument? I don't think so; but just like Aaron Schwartz, lawyers can be quite creative when their clients are willing to pay.