"Determination of substantial similarity requires a detailed comparison of the works at issue, including such aspects as to the total concept and feel, theme, characters, plot, sequence, pace, and setting." That is the law! Nowhere in this case has a "detailed comparison of the works been conducted." The Courts cited caselaw such as Williams v. Cricthon and Hudson cited Sheldon v. MGM as precedential examples of "detailed comparison," neither Court adhered to either citation or the copyright law. The most compeling aspect of the Courts rulings, is the fact that Heavy D, a/k/a Dwight Meyers, never responded to the complaint and both Courts dismissed the complaint against him. This ruling by the Courts is baffling and very frighten. If one citizen is exempt from answering a meritorious complaint, then every other citizen is entitled to that same right.
Eleven years later, in 1857, Dread Scott case made its way to the Supreme Court and needless to say, he lost. Justice Taney also ruled that, a slave was the property of the slaverowner.
In June of 2005, Gregory L. Hudson will find himself appealing to the Supreme Court. In the mean time, Hudson is vigorously battling these defendants in the Southern District Court of New York where they are presently in a "deadlock" in the early stages of discovery because of tactics used by attorney Richard Dunnay which Hudson took strong exception to.
"I am not a slave, and nor am I the property of Universal Studios. My work belongs to me unless I state otherwise."
"I AM NOT DREAD SCOTT...I AM GREGORY L. HUDSON" |