Quote:
Originally Posted by DaneMcCloud
You missed the most important part:
The plaintiffs alleged they submitted their song for recording by Vassar and that Vassar rejected the song. Plaintiffs later recorded, copyrighted, and released the song on their own. Vassar also later recorded a song that plaintiffs alleged infringed on their copyright in the song they recorded.
So in this case, there is definite proof that Vassar heard the song, firsthand.
In the Satriani case, that would have to be established otherwise, Satriani would lose.
Proving that would have been extremely difficult.
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Alternate, inconsistent pleadings are allowed in every state in the union.
There's no way in hell they'd have staked their entire case on that one particular theory of recovery. They'd have also provided the standard inference arguments as alternate theories which they could fall back on.
As for your other post - it cuts both ways. If you were certain you didn't plagerize and you were a 'megaband' wouldn't you be eager to prove it in court?
Like I said, if the evidence involved didn't at least put a scare into Coldplay's counsel, there's no way they'd have settled it. Would it have been enough to support a verdict? Obviously we'll never know, but there had to be something substantial there in order to survive pre-trial dispositive motions and draw a settlement offer that appears to be significantly more than a mere nuisance settlement.