internetcases
Joined 9 years ago
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technology attorney, professor and arbitrator
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In any event, the summary is very clear that this was a motion to dismiss, not a trial judgment. So your critique is likely to mislead.
And yes, the court left open the option for plaintiff to replead. But I would suggest that does not do much to mitigate the extent to which the court's reasoning here as to how the agreement could limit a claim of copyright is questionable.
But thanks for your comments. I just did not feel that your word choice reflected well on our profession. Let's try to be friends anyway!