Even if we take all that away, Meghan's lawyers, on her behalf, accepted that the Mail could legitimately have run a story about the letter outlining its contents. So, in their view (with which I tend to concur), the article in People Magazine was on the right side of the line
Yes, this is in essence an argument about which side of the line ANL will fall. I have always understood the breach of copyright claim to be pretty open and shut, but the the breach of privacy claim to be less strong. Interesting that she chose to include it, but then she had a scattergun approach to her claims at first, with several allegations struck out by the judge (interestingly, they included a claim that ANL acted dishonestly and in bad faith - hmmm, Meghan).
Be that as it may, ANL clearly took a calculated risk in publishing the extracts from the letter (they didn’t publish it in full), and Meghan took a calculated risk in suing them over it. Given how it’s playing out, Meghan may well ending up winning the battle, and having the summary judgment granted to her upheld, but it’s hard to see that she hasn’t lost the war. ANL will have good arguments to make in relation to damages and costs, this could well be a Pyrrhic victory.