I don't think the argument that Harris is entitled to write this seeing as Lindsey spoke about her in songs is really valid. Your average listener isn't going to know who he's talking about [probably more likely to assume he's talking about a fictional character that fits the song] and even the fans like us don't know for a fact that he's referring to person X in specific song Y, and so we can't make assumptions about them.
Poetry and lyrics are completely different to a kiss-and-tell book [which this basically is] because they're linked with suggestion, not explicit detail and fact, no matter how scathing or "nasty" they are *coughCome*.
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