Harper & Row signed a contract with former President Gerald Ford to publish his memoirs.

As part of the deal, the two agreed that Time magazine could print an excerpt from the memoirs shortly before the book was published. Time was to pay $25,000 for this right. Before Time published its version, The Nation magazine published an unauthorized excerpt. Time canceled its article and refused to pay the $25,000.

Harper sued The Nation for copyright infringement.

What was The Nation’s defense? Was it successful?