It will be interesting to see what this does to the keyword metatag jurisprudence. Scenario #1 is that judges get the message that websites using keyword metatags are now even less likely to rank favorably on indexed terms than if they didn't use them, so keyword metatags reduce the chance that any consumer saw the defendant's website. This only further reinforces the idea of keyword metatags as the tree that falls in the forest when no one is around to hear it.