You can read the legal complaint Infinium Labs filed against the cold, HardOCP for yourself in this PDF. It's a 900K+ download, so dial-up folks might want to skip it. For the rest of us, though, it's enlightening. If you haven't made up your mind about who's right and who's wrong in this situation, you need to read this complaint and then reread the original HardOCP article one more time.
News source: The Tech Report