The difference is ASAPs are in-house and usually proprietary. ASRS is not. What's more I would surmise the data sent to ASRS is doubly de-identified so not only the individual but also the carrier is de-identified.

There is no purpose being served here by the litigants having access to this information. And IF ASAPs implode because of this suit, those traveling on future flights will not have the advantage of such reports.

There is the assumed world and then the real world and there is almost always a gap between the two. Concepts such as FOQA and ASAP allow snapshots of people doing everyday work with everyday tools. As such it can and does expose problems and errors. That is very beneficial. Without ASAP, the public will lose a huge safety tool.