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dismissal-citations [2016/02/29 23:49] – [Vague Copyright Claims] resized Janet photo Carlos Pedraza | dismissal-citations [Unknown date] (current) – external edit (Unknown date) 127.0.0.1 | ||
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====== Examining the Case Law Behind the Motion to Dismiss ====== | ====== Examining the Case Law Behind the Motion to Dismiss ====== | ||
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The defendants' | The defendants' | ||
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Siegel examines the five cases cited to support this argument, concluding: | Siegel examines the five cases cited to support this argument, concluding: | ||
* Only one resulted in a dismissal but without prejudice, meaning it could be re-filed. | * Only one resulted in a dismissal but without prejudice, meaning it could be re-filed. | ||
- | * Another dealt with a patent on the design of a concrete, tangible item rather | + | * Another dealt with a patent on the design of a concrete, tangible item as opposed to works of fiction that are "often edited and otherwise amended even after they are considered completed, and without said editing converting them back to incomplete status." |
* Two cases dealing with works that couldn' | * Two cases dealing with works that couldn' | ||
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The defense argues the injunction sought by CBS and Paramount would be {!prior restraint: | The defense argues the injunction sought by CBS and Paramount would be {!prior restraint: | ||
- | To back up this claim, attorney Ranahan cites the famous [[https:// | + | To back up this claim, attorney Ranahan cites the famous [[https:// |
===== More Thorough Analysis ===== | ===== More Thorough Analysis ===== | ||
Siegel is posting a second blog focusing on a more thorough examination of the motion to dismiss.(([[http:// | Siegel is posting a second blog focusing on a more thorough examination of the motion to dismiss.(([[http:// |