Here's my opinion:
I'm no legal expert but I think the fact OM put a bold disclaimer at the bottom of the article (stating they couldn't guarantee the accuracy or so) would make it difficult for ISX to prove malicious intent. The case may drag on and on; ultimately the distress and $ cost would be the pain for OM to bear while the case is on-going. It would also be a distraction for management; I think that's why they concluded it wasn't worth the effort.
That's just my view; I could be wrong but keen to hear what others think.
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