Despite my distaste for Sony, I worry that the tone and claims of bad faith in Hotz's filing will distract from the overall strength of his argument. From Kozi

Despite my distaste for Sony, I worry that the tone and claims of bad faith in Hotz's filing will distract from the overall strength of his argument. From Kozinski's "How You Too Can Lose Your Appeal:" Let's face it, a good argument is hard to hold down. So what you want to do is salt your brief with plenty of distractions that will divert attention from the main issue. One really good way of doing this is to pick a fight with opposing counsel. Go ahead, call him a slime. Accuse him of lying through his teeth. The key thing is to let the court know that what's going on here is not really a dispute between the clients. What is really going on here is a fight between the forces of truth, justice, purity and goodness--namely you--and Beelzebub, your opponent. http://notabug.com/kozinski/loseappeal http://notabug.com/kozinski/loseappeal