U.S. District Judge Denise Cote rejected Meltwater's claims that its use of Web stories drawn from a scan of 162, 000 news websites from more than 190 countries was a fair use of copyright-protected material.
Mr Ahern's legal team also rejected the tribunal's claims that there can be no privilege over the communications as it is inquisitorial and not adversarial.
Ms. LITHWICK: Well, what he says is he's very concerned, and it's important to bear in mind he has rejected such claims before, he's saying that recent accounts of death row inmates who suffer episodes of very heavy breathing, of heaving chests, long, long periods of time when it's clear that they are not yet anesthetized, concerns him, and he cited specifically the Stanley Tookie Williams execution.