To me, that illustrates the strength of the argument. The argument is simple and doesn't need a lot of gymnastics to support it.
Read some of Weil's filings - my goodness, they're so convoluted that I scratch my head, and the arguments are built in a series of assumptions that depend on one another to build. Really, you can never predict what a court will do, but I would not be willing to bet on Weil prevailing. Of course, as a DIMEQ holder, I obviously haven't. . .