Eric P. Schroeder, CNN's attorney and a partner at Powell Goldstein, called the ruling a positive one in that Thrash "has adopted the common law privilege as well as the First Amendment privilege, which has been under attack in other courts."

But that's not what the footage shows, according to CNN. An affidavit from Powell Goldstein associate Ann W. Ferebee, who also represents the network, says that other than those 25 seconds, the rest of the footage at issue includes about 17 minutes of B-roll footage showing Friedel walking or at home with his wife and about 25 minutes of interview footage not related to what Aerofil has said it is seeking. Patrick B. Moore, a partner at Weinberg, Wheeler, Hudgins, Gunn & Dial who represents Aerofil, declined to comment on the case.