This is where JB and NK legal teams failed. They allowed the DOJ to paint a Picture that spirits buisness model was static and it would never change. Despite the fact and spirit and JB have both changed their buisness models at least once each in the last 15 years. The judge bought it and based the majority of his decision on it.
Now there is a good chance spirit will move to a business model that is very similar to Jb after all.