Miscarriage of Justice
Mnookin's piece clearly proved that there are many substantial issues that should have gone to trial. Even those who have no clear opinion on whether they think plagiarism is present feel that a trial should have been
Blogger North Coast Exile made a post today that is fairly typical. The lengthy post said, in part:
"Not that I agreed with Perdue, but he raised some valid points that should have been addressed by the courts. To dismiss the case out of hand was a bad decision in my opinion. But then look how the courts tried to handle Microsoft. If computer technology baffles them, do you think the publishing industry is going to be any easier?"
This is especially true when you consider that Random House sued ME and then is trying to extort more than $300,000 from me to pay their legal fees.
In addition, the judge's granting of summary judgement (to deny a trial) violates both the Second Circuit's rules and the federal court rules (Rule 56).
The Second Circuit Court of Appeals was clear in its decision:
(1) Summary judgement should NOT be granted unless there is "no genuine issue of material fact."
(2) The Court should, "resolve all ambiguities and draw all inferences in favor of the non-moving party." I am the "non-moving party."
(3) A motion of summary judgement should NOT be a decision on whether copyright infringement has taken place. "Clearly, the duty of a court on a motion for summary judgment is to determine whether there are any genuine issues of material fact to be resolved by trial and not to decide factual issues."
I wrote about this and included case citations in this previous post.