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03:43 PM on 10/30/12
#1
tinylilnative
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There isn't a chance in hell this case will hold up in court. This is just a struggling songwriter trying to pry an easy and small settlement from lawyers who have better things to do than litigate this.
06:09 PM on 10/30/12
#2
tinylilnative
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This won't go anywhere. Most of the similarities she alleges are so typical of pop music (and are overshadowed by all the differences) that an independent creation defense is almost certain to succeed. Striking similarity is supposed to mean near-exact copying; I seriously doubt the "woah"s meet that standard. And I'm guessing the court will want more access allegations than general availability plus some MTV licensing for the inverse ratio rule to apply. The plaintiff has an uphill battle, and courts love to toss these infringement cases out on motions to dismiss nowadays (failure to state a plausible claim), if not summary judgment. Add the fee-shifting statute in copyright cases (letting prevailing parties recover their expenses) and the defendants have every reason to fight this rather than settle.
Haha you know that's a respectable 9th circuit analysis. Not bad for an AbsolutePunk forum.
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