Trust me, every day good lawyers say to their clients the equivalent of "if things blow up, just blame it your lawyer". They often do this when their clients say "I don't care about the probability of getting what I want, I want to got for it. How can I do damage control?"
The topic of the conversation is RIAA defendants.
What do you think the sentence in question means? I mean, if you want to willfully misconstrue something to make a point, at least make it more subtle. Else you're not going to fool anyone.
PS was it
In the first link you provided, the only prediction I see relates to statutory damages. NYCL says that there are facts that could lead a court to find fair use in the context of a p2p environment, but there's no prediction with respect to that. The statement that there are fact patterns such that court could find fair use in a p2p situation is still true.
I can't find a comment by NYCL in the second link. If one is there, can you show me where it is?
NYCL is providing links and updates to potentially important IP cases. He's also "biased" in the sense that he has an opinion, but he wears it on his sleeve so I'm not sure where your anger comes from. If you want to be angry you can also say "the court probably won't care about the amicus briefs", or "the court won't care about the scholarship", or "linking to an 'Ed. Note: the law and scholarship agree' comment is lazy and lame and unpersuasive', but, although all of that would be true in a sense, this is
99% of the people here have an opinion on the outcome they want and will criticize the courts if that outcome is not reached no matter what is a reasonable interpretation of the law and precedent.
NYCL is feeding information to the machine with his own opinion injected in the summary. He has the advantage of having an educated opinion, whether or not he's correct about the eventual outcome in any particular case. That's like 10 jillion times better than people will ever see reading Cory Doctorow. So I'm happy he exists and posts here. (IAAL, and I am an IP lawyer)