Malofiy added that he doesn’t necessarily plan to drop the case and laid out two possible paths forward: Appeal to a panel that comprises all the judges on the Ninth Circuit, as opposed to just a cross-section, or potentially appeal to the Supreme Court. He said he is still considering which of the two options to pursue.
Skidmore’s desire to play the two recordings also tied into his attempts to prove Zeppelin had access to “Taurus.” Proving access has long been key to proving two works are “substantially similar,” but in its new ruling, the Ninth Circuit overturned a long-standing precedent in this realm known as the “inverse ratio rule.”
In his appeal, Skidmore objected to the lower court judge’s decision not to instruct the jury on the inverse ratio rule. He believed this would’ve helped his case because not only did Led Zeppelin and Spirit tour together in the late Sixties, but also because Page admitted during the trial that he had a copy of the Spirit album with “Taurus” in his collection .
While the Ninth Circuit has used the inverse ratio rule in the past, other appeals courts have rejected it, and in his decision, Judge R. Gary Klausner said that because the inverse ratio rule “defies logic, and creates uncertainty for the courts and the parties, we take this opportunity to abrogate the rule in the Ninth Circuit and overrule our prior cases to the contrary.
While Klausner showed the various flaws of the inverse ratio rule over the years, he noted its particular murkiness in the digital age where access is ostensibly infinite. “To the extent ‘access’ still has meaning, the inverse ratio rule unfairly advantages those whose work isaccessible by lowering the standard of proof for similarity,” Klausner wrote.
ledzepconcert RT Please !! If you like HR/HM and classic rock , please watch my channel - CRUNGE CHANNEL Rock on !! ALL GUITAR IS PLAYED BY ME
Can I just leave this here
You’ve been one of my favorites ever since the beginning ♥️
ledzepconcert 👍👍👍🌈
Dug out Exhibits A and B from my record collection. Ah, yes, ‘to be a rock and not too roll,
Now badreligion BrettGurewitz DoctorGraffin can all rest easy that Rush won't sue them over a section of The Resist Stance's similarity to Working Man. The Dissent of Man is super great album by the way.
ledzepconcert It's a LedZeppelin song and nobody will change my mind
ledzepconcert I haven’t studied the legalities, nor really have interest in them, but I’m happy to hear that there is no cloud around the greatest song in the history of rock.
ledzepconcert Cudey1 😂😂😂
Kavanaugh was already pregaming for this case.
Good. The song came out in freaking 1971. Is there not a statute of limitations? Where has the guy been since then?
I wish my lawyer had really creepy nostrils, just like the Taurus lawyer! I'd win every lawsuit!!! Except his name CAN'T BE FRANCIS!!😂😂😂😂
End this already
In other news... Led Zeppelin III was released 50 years ago... and Janis Joplin passed 50 years ago
Picasso said, good artists borrow, great artists steal. LedZeppelin Spirit stairwaytoheavenlawsuit Beatles rollingstones songwriter
and it makes me wonder
Yes, put that nonsense to rest.
Yay!!
A band of many theivery. Whisky a go go gig in 69 Plant claimed 'this is a song we wrote...its called Dazed and Confused' no shame whatsoever.
That’s criminal
That’s not nice. It’s has been the number one rick and roll song forever!
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