How to create a good case of independent creation. Moore v. Lightstorm Entertainment (James Cameron, Avatar)
First, the court finds "None of [plaintiff's]theories of access creates a dispute of material fact."
Second, the court finds that the works are not substantially similar, let alone ""strikingly similar," which would be required to overcome need to prove material dispte of facts exists as to "access." Court finds: "A review of the filings, both parties’ expert reports, and the works themselves makes clear that there are no substantial similarities to be found in any of the relevant elements. Any similarities are limited to general stock themes, scenes a faire and ideas not subject to copyright protection."
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