My only issue with you is that in every post you point out that Longport likely didn't do anything and that it must be the rep firm without Longport's knowledge.
While it will be up to the courts to ultimately decide, we don't know Longport's direct involvement, but we do know that only the rep firm had access to the copyrighted material, and if copyrighted material was passed to the stinger, it more likely came through the rep firm. Longport couldn't hand over anything it didn't directly have access to, and if Longport did pass it over, it likely got the data from its rep firm. That's unless the data came from an unnamed third party. The rep firm almost had to be involved, Longport didn't.
You also overlook the fact that the firm might want to settle because it's less time consuming than fighting and will cost less than countless attorney fee hours.
No, any settlement talks would certainly involve the attorneys with the meter running. Those negotiations could cost more than taking the case to court. In the absence of damning evidence, one would expect the same reaction and fighting spirit from the rep firm, as we have seen from Longport, which filed an indignant counter suit.
You have to remember this is a very simple case, there is one piece of evidence and a witness. In the discovery phase, the defendant's lawyers will depose the "stinger" who will testify under oath that he was given the copyright material by either the rep firm, or Longport or both. A representative of Arbitron will probably be deposed and asked to identify the material as being covered by a copyright belonging to Arbitron. That's it for that side, a page or two and a couple of hours of lawyer time.
Arbitron's lawyers will depose representatives from both the rep firm and Longport under oath and ask each individually if they passed this copyrighted material to the "stinger." And if they did, they will be asked to explain where they got it. That will take less than an hour too. And that will all fit on a couple of pages.
At that point, it will probably be obvious if a copyright was violated and who did it, if it was. All that is left to argue about is damages, and there are probably plenty of precedent cases. But damages will be determined by the court, so there won't be a lot of back and forth negotiations between the lawyers like there would be in settlement negotiations. Each side will say something and the court will decide on its own.
you've jumped to two conclusions with no knowledge of the case other than reading what's been reported. That was my point. Both companies may be at fault, both might be innocent, I don't know. I do know that Arbitron wouldn't waste time, money and resources if they didn't think they had a case, and they wouldn't pick a Podunk market station group to set an example to the rest of the country.
Arbitron will probably want to set an example any time the opportunity presents itself, especially when it has direct evidence and a witness. In the end it may win money, not spend it, and get its point across. A station group in Atlantic City may seem Podunk but the town has name recognition, and the real target of any point making may be rep firms, if Arbitron suspects that what is alleged is common practice by similar ad reps.
In this case the rush to settle by the rep firm may be an indication of the strength of the evidence against it, or it may be an attempt to get this over with ASAP, and keep the rep firm's good name by settling without admitting guilt. In big and complicated cases settlements are often reached to avoid massive legal bills, this isn't a big and complicated case.
It should go without saying that we are only "speculating" here and as I said in my first post
"It is up to the courts to decide if anything illegal was done here."
For the record, I don't know anything more about Longport than that they own radio stations in the Atlantic City market, and I never heard of the rep firm outside of this story. I have worked for Arbitron clients over they years and used their products, but have no particular affinity for that organization either. So, I think I am about as unbiased, and otherwise disinterested an outside observer as I can be, and just posted my own interpretation of what the case appeared to be. I really don't have any favourites here.
Both companies may be at fault, both might be innocent, I don't know.
And I certainly don't know either, but I will be interested in hearing what the court decides, if it decides.
If there is a settlement, without admission of wrongdoing, all other details will be secret. But, you can be sure Arbitron will be walking away with all its legal expenses covered, extra money in its pocket, and its points made.
