3 ms·
So, i pulled the case up, and this summary is, with all due respect, crappy. This was a motion to dismiss. Not a trial judgement. Yes, it gets copyright law v
by DannyBee 9y ago
So, i pulled the case up, and this summary is, with all due respect, crappy.
This was a motion to dismiss.
Not a trial judgement.
Yes, it gets copyright law very wrong (you can't prevent copyright from existing by contract, you can only say who owns it, and that requires a specific written instrument).
However, the court granted leave to amend the complaint:
"
Ameritrade's Motion to Dismiss as to the First Counterclaim will be granted. However, leave to amend will be accorded so as to permit Mr. Matthews the opportunity to allege nonconclusory facts that explain why Mr. Matthews' alleged software modifications to TD Ameritrade's API are protected by a valid copyright."
So basically, not much to see here yet.
- internetcases 9y agoWith that adjective it sounds as though you didn't think much respect was due to begin with! In any event, the summary is very clear that this was a motion to dismiss, not a trial judgment. So your critique is likely to mislead. And yes, the court left open the option for plaintiff to replead. But I would suggest that does not do much to mitigate the extent to which the court's reasoning here as to how the agreement could limit a claim of copyright is questionable. But thanks for your comments. I just did not feel that your word choice reflected well on our profession. Let's try to be friends anyway!