2004-09-15

Another 6th Circuit Copyright Case

Seems to be a lot of IP coming out of the 6th Circuit lately.

See Stromback v. New Line Cinema, (6th Cir. September 14, 2004).

Definitely a lot of interesting language in this decision, I just have not had the time to analyze.

Interestingly, when I saw this case come across my desk, I thought the exact same thing as the Court:
Having reviewed "The Keeper" and "Little Nicky," we are unable to find any similarity between the works ... we are left with two works that are completely dissimilar in both their overall look and feel and in their constituent expressive elements.
Threads open to anyone who'd like to comment about teh decision.

See also: Allan Segal's Little Nicky's Big Win in the Sixth Circuit:
The court is clearly determined to inject a fair dose of judicial economy into the substantial similarity inquiry, and to ensure that summary judgment can be liberally applied by judges in future trivial infringement suits. Stromback espouses the application of a formal two-part test for substantial similarity, modeled on the Ninth Circuit’s extrinsic and intrinsic tests.
And that's why it's a case worth mentioning.

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