 Ampersand requested the removal of the story, and the "Independent" complied.The October 26 suit concerned the few days when the leaked story had been posted and also identified a second unpublished "News-Press" story about Ampersand's suit against Roberts.In November 2007 the trial judge Edward Rafeedie granted Ampersand summary judgment on its copyright infringement claim, holding that the posting of the draft article was not fair use.