Tasini wrote on his blog this morning:
There is little doubt that unjust enrichment has taken place. In society, our law tries to reflect our moral values, and vice versa. The thousands of bloggers created the value of the Huffington Post. Arianna Huffington created a tiny piece of that value—but she has declared that she, and only she, should benefit from the value of the sale to AOL.
I have no idea whether we will win the legal case. Judges do what they will do. It is a novel argument—as was the legal argument at the heart of the case I brought against The New York Times in 1993, which we won in the U.S. Supreme Court in 2001 (and, full disclosure, yes, Scalia, Thomas and Rehnquist also voted in our favor in the 7-2 decision—a fact I will have to live with). At the time, many pundits or “observers” opined that we had no chance. So, I suggest we all take the opinions of various people with a healthy dose of skepticism, or, at least, a “wait and see” attitude.
Wait – what?! His case against the New York Times went to the Supreme Court?! And he won?! Wow – we can’t even IMAGINE 7-2 decisions anymore…