As has been mentioned elsewhere, losing an appeal at this level sets precedent that does damage to the free flow of information. The best thing that the IA could have done to advance freedom would have been to bail as soon as it was apparent they had no chance to win (which was before the lawsuit was even filed).

That's not just a narrative that serves the establishment, it's a fact of life. We don't get anywhere towards change by ignoring the reality of the present situation—we have to work within reality in order to change reality.