Scott prevails over Jones et al


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 the public in the google groups but secretly, they know that these are weak arguments. I believe they are weak defenses, but that’s just my opinion. I still don’t have all the evidence to say conclusively.



The court granted Plaintiff, Melissa Scott’s, motion to dismiss. The motion was granted due to defendant’s failure to state any legal controversy. All facts favored the Plaintiff. The only remark the judge made to plaintiff was regarding a technicality (Plaintiff could have filed the motion to dismiss under Rule 12(b)(1) instead but there is still standing under Rule 12(b)(6).



The court granted the motion on all points brought by plaintiff.



This defeat is riddled with innuendoes of a client forcing the lawyer to argue the case their way. I can’t believe the attorney argued these points. It could be a situation where the clients are very emotional and controlling. When emotions are involved in the legal system, you get epic defeats like this one. This is my theory, based on the emotions that rage in the google group in which I posted. Tensions were high and people were sensitive. No one likes to be told that they have a losing case, but the odds are not in favor of Bobbi Jones, et al. and the people who are Jones’ and Robinson cheerleaders let me know that they didn’t like what I was saying.



So now the cases proceed with Scott and Dolores Press as the sole Plaintiffs. Meanwhile there are two other cases filed by Scott, against Briggs and Todd, wherein the defendants failed to respond, and their defaults are being taken. The next step in these cases will be a judgment prove up, then the court will enter the judgments. Those cases are almost over and will end in a victory for Scott. As I recall, the people in the google group were adamant to tell me that Scott had lost every case, but that is not the case. It appears that she has prevailed in all matters so far. There is one matter between Dolores/Scott and Dream/Robinson that needs to be decided before the case can move forward: A motion to consolidate cases. Dream/Robinson believe that the appellate court granted them a partial reversal on their declaratory action defeat. I don’t read the appellate order this way, but we will see what Judge Real has to say about the matter. I will post again once Real makes his decision.

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