The weakness in the argument from 8M comes from the claim that...

The weakness in the argument from 8M comes from the claim that it caused a stir on Hot Copper. HCT can't control what people say on Hot Copper, so in essence they're not saying HCT's comments were defamatory, but that it caused other - in a jurisdiction out of 8M's reach - to make statements unfavourable to the company. That's not the action a reputable company takes. That's just a straight out dummy spit from baby.

This is the message it sends to 8M clients: If we don't produce results for you don't you dare let anyone know about it or we'll do everything in our power to cripple your business. If they somehow win this case it will only prove they are better at destroying businesses than they are at helping them succeed. Not a good message to be sending only two years into your existence. Back your claims with results in the market, not the court.