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dismissal-citations [2016/03/01 06:46] – [Censorship] corrects citation to proper source. Carlos Pedrazadismissal-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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 +<wrap lo><wrap em>UPDATE</wrap> The defense filed a new [[Motion to Dismiss]] on March 28. It featured a few new arguments but largely repeats the assertions in the first motion, so many of the points made here still hold.
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 The defendants' [[Motion to Dismiss]] the [[copyright infringement]] lawsuit brought against [[Alec Peters]] and [[Axanar Productions]] cites many legal precedents to bolster its case for dismissal. But what does an **examination of that case law** actually demonstrate? The defendants' [[Motion to Dismiss]] the [[copyright infringement]] lawsuit brought against [[Alec Peters]] and [[Axanar Productions]] cites many legal precedents to bolster its case for dismissal. But what does an **examination of that case law** actually demonstrate?
  
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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 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."+  * 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't demonstrably be shown to copy an original work, which doesn't really comport with //Axanar//'s outright identification with Star Trek.(([[http://www.gandtshow.com/axanar-wheels-motion/|Janet Gershen-Siegel, "Axanar: Wheels in Motion,"]] G&T Show, 2/29/16.))   * Two cases dealing with works that couldn't demonstrably be shown to copy an original work, which doesn't really comport with //Axanar//'s outright identification with Star Trek.(([[http://www.gandtshow.com/axanar-wheels-motion/|Janet Gershen-Siegel, "Axanar: Wheels in Motion,"]] G&T Show, 2/29/16.))