Quoted from BlueMeanie

I think the whole thing is largely irrelevant now, as probably everyone that's interested in these tapes has already downloaded them. Apple/EMI/Capitol should either give up, or release them themselves. They don't seem to be doing anything else.

Apple/EMI/Capitol won't release the Star Club tapes, I think, because they're not pristine, crystal clear recordings, which means that the vast majority of CD buyers won't want to hear them.  Also, since there aren't that many hits included (unlike "1", and the red and blue albums), casual buyers won't be as likely to pick them up.

Like bluemeanie said, the lawsuit is pretty irrelevant at this point.  Apple/EMI/Capitol should just ignore Fuego; it's not like the Star Club tapes are gonna hurt sales of the rest of the catalog!