Contrary to popular opinion the courts (both attorney's and judges) have to work within the framework of the law. Attorney must stick to the facts of the case (in this instance copyright law). Judges have to stick to deciding the issue in front of them. For example if I get rear ended by a JW and sue him because he dosen't have any insurance, I can't attack him in court over his religion. Also keep in mind before the actual trial, attorney's do a lot of jockeying for position. That's what is going on here, nothing has been decided yet in relation to the actual case.
Incidently, I'm pretty sure you don't have any legal right to hide your identity if you choose to go public with information. People fighting the WTBS should keep that in mind, and remember that the WTBS sees all of us as an existential threat. They might be right about that.