The defendants filed their reply memorandum today. A passage relevant to the blogosphere's discussion of the case:
While scholars and academics may certainly have read Freakonomics, the Excerpt appears in the context of a book whose audience consists of mainstream readers and consumers, as demonstrated by the fact that Freakonomics has been on the New York Times bestseller list for over a year. Therefore, while Plaintiff goes on at length to explain [the Excerpt's meaning] in the eyes of an academic ... a reasonable reader in the general population would not necessarily attribute Plaintiff's academic-specific meaning to the term "replicate."
(Reply Memorandum at 5-6.) The defendants did not really fight over the academic meaning of replication, either here or in the earlier filings. That battle was confined to the blogs.
Now, it's the court's turn.