It is indeed. And the things they made up - the Elves at Helm's Deep, Aragorn's falling off the cliff, etc. - don't appear in any way in Tolkien's other books. Hell, that's WHY the purists were so pissed off! If it had been a matter of "we took this from the other book and put it in here because it helps us out", the purists wouldn't have been nearly so up in arms. (As a TORn alumni, you were there and saw all these discussions.)

Personally, I think they're just whoring after more money. But you know, trying to pull one over on the court is really the wrong way to go about it. What, the $150M they're asking for isn't enough, that they have to make shit up to get more?

(I actually hope they press this, and get proven wrong. It'll put the rest of their case in a bad light if they keep pushing it.)