The defenses I've read are all similar. The strawman is that J-List is a top-down coordination organization, with clearly stated specific goals and assignments. They erect that image, then knock it down and claim anything LESS than that preserves original thought across the spectrum of media outlets that participate.
I wonder what would happen if the American People filed a class action lawsuit against the Washington Post, NY Times and the Network News stations accusing them of violating the trust of the American people.
I would argue that the news divisions are committing fraud.