Law N Motion

After further research, I’ve noticed there are other cases of alleged copyright infringement filed by Melissa Scott; Melissa Scott v Bobbi Jones, Tina Perida, and Michael Evans. In this action Jones, et al has filed a counterclaim and Scott opposed by filing a motion to dismiss. Judge Real has decided that the motion is suitable for a decision on the papers, meaning he will not hear oral arguments. This could go either way, but after reading the moving papers and opposition, I believe Scott has the advantage. For one thing, Jones’ attorney is attempting to try it as a first amendment case. The Supreme Court of the United States, in Harper & Row Publishers v. Nation Enterprises 471 U.S. 539 (1985) held, in part, that copyright law is a permissible speech restriction. This SCOTUS ruling, if on point, renders the argument of copyright infringement as an abuse of Jones’ first amendment rights, baseless and with little hope of prevailing. Remember that a district judge cannot overri