Law N Motion

A new document was added to Pacer today. It is the order denying Plaintiff’s, Doc’s Dream LLC, motion to consolidate cases. You can view this if you have a pacer account, otherwise it will likely be made available at justia.com soon. This order proves what I had cited in this blog: the plaintiff and their lawyers were sorely mistaken at best, or they were trying to deceive the judge, at worst. If you aren’t aware of the case, I’ll quickly summarize: Plaintiff, Patrick Robinson, spiked the ball after receiving the appellate court’s order. In the order, the appellate made clear that it was reversing the district court’s decision to dismiss defendant’s, Dolores Press and Melissa Scott, counterclaim as well as their complaints of copyright infringement. Robinson, along with many cheerleaders in the alt fan Gene Scott forum, insisted that the appellate partially reversed their defeat and remanded their case for trial. I posted these details in this blog, see below. The parti...

Today I want to talk about the defeat suffered by Bobbi Jones et al. when the court granted Plaintiff, Melissa Scott’s, motion to dismiss the counter-claim. This is a significant defeat for Jones and her co-defendants. In her counterclaim, Jones attempted to initiate a declaratory action against Melissa Scott. The counterclaim alleged 3 controversies: 1) The alleged infringement was actually fair use 2) Plaintiff’s conduct violates defendant, Jones’ et al, First Amendment right to free speech 3) Dr. Scott’s works cannot be copyrighted because his words constitute the “the word of God” (This is a simplistic explanation of the controversies within defendant’s counterclaim). I couldn’t help but notice, the naked license and limited abandonment theories were not argued at all, in Jones’ counterclaim. I was certain that it would be there. But I guess my theory that these cases are woven together with Doc’s Dream, LLC. was incorrect. Either that or the parties are putting on a show for t...