I have this working theory that participants in the financial sector have burnt out more and more of their credibility with courts as more frauds on the court have been revealed (screw anyone you want, but don't lie to a judge). And the distrust of the Morgan Stanley etc. "business model," scare quotes and all, in this opinion, with its long footnote about how copying may just deprive the plaintiffs' clients of an unfair advantage in the first place (following a previous footnote about the fraud settlement arising out of the same recommendations whose exclusivity the plaintiffs wanted to protect), seems consistent with what I see in some of the foreclosure cases coming out now.
I do tell my copyright students that God didn't give anyone a right to any particular business model, and it's kind of nice to see the Second Circuit agreeing.
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