rsync's lawyers could argue that the sampling sizes were far to small for the trends claimed to have any significance, arguing that any discrepancy could easily

rsync's lawyers could argue that the sampling sizes were far to small for the trends claimed to have any significance, arguing that any discrepancy could easily be explained by a lack of good opportunities to bring it up. The court could order it, and they could try to enforce it, but unlike "don't send an email to your mother about this" (which is a rather concrete thing) it would be very messy and wishy-washy. In perhaps the worse case scenario for the court, they would have to deal with figuring out how to measure "enthusiasm". Do rsync's posts seem more dejected these days? Is that just the court's bias showing, or is dejection measurable in some sort of objective/empirical way?