"This is the nature of the American legal system, and of conspiracy as well. It's slow, adversarial. Moral quandaries and personal issues are reduced to brief moments and decided on small points of law. Even a winning case will likely see as many setbacks as it does victories, and it falls upon the constitution of the players to weather the former to get to the latter. And this isn't even the real legal battle--these are just arguments over the attempts to obtain what is called "prior restraint" of speech. The conspirators were trying to get the tape taken down before--until--they'd won their case. Harder's thinking was that a sex tape recorded without consent was so egregious that a judge would be sympathetic. Gawker's lawyers enjoy disabusing their opponent of this notion. So does the judge."