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Songwriter: "Jovi Sox Ripped Me Off!" (II)
Highest Court D. Massachusetts
Year Ended 2011
Plaintiffs Songwriter(s)
Defendants Bon Jovi
Individual(s)
Lawyer(s)
Major League Baseball
Music Publisher(s)
TBS, Inc.
Time Warner, Inc.
Other Boston Red Sox
Short Description Plaintiff previously brought a copyright infringement lawsuit against a gaggle of Defendants, including Bon Jovi, the Boston Red Sox, numerous record labels and television companies, and more, alleging that a Jovi-penned song used by the Red Sox in an advertising campaign infringed a similar song he'd previously written and popularized in the Boston area. After numerous court opinions (see "Songwriter: 'Jovi Sox Ripped Me Off!' (I)") the court found for Defendants, holding Plaintiff's theories of copyright infringement unsustainable. In this follow-up case, Plaintiff sued some of the same parties, and some new ones, for violating the Digital Millennium Copyright Act (DMCA), alleging that the Defendants' concealed copyright infringement, removed correct copyright notice from the advertisement, and submitted false evidence to the court. As could be predicted, the court was unsympathetic. Plaintiff based his allegations on the same facts previously decided against him, and the court found his current claims were barred by the doctrine of res judicata. Furthermore, Plaintiff simply failed to allege any acts that violated any of his rights under the DMCA. Despite the pointlessness of the lawsuit, the court, in its discretion, denied Defendants' motion for sanctions, and instead gave Plaintiff an admonition. - LSW

Legal Issues
Civil Procedure Evidence Admissibility
Copyrights Digital Millennium Copyright Act Removal/Alteration of Copyright Management Information
General Affirmative Defenses Prior Pending Action & Abstention
    Res Judicata & Collateral Estoppel


Opinions Steele v. Bongiovi
2011 WL 1882276
D. Massachusetts , May 17, 2011 ( Civil Action No. 10_11218_NMG )


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Related Searches Parties
Bon Jovi ( Defendant )
Boston Red Sox ( Other )
Individual(s) ( Defendant )
Lawyer(s) ( Defendant )
Major League Baseball ( Defendant )
Music Publisher(s) ( Defendant )
Songwriter(s) ( Plaintiff )
TBS, Inc. ( Defendant )
Time Warner, Inc. ( Defendant )

Legal Issues
Civil Procedure / Evidence / Admissibility
Copyrights / Digital Millennium Copyright Act / Removal/Alteration of Copyright Management Information
General / Affirmative Defenses / Prior Pending Action & Abstention
General / Affirmative Defenses / Res Judicata & Collateral Estoppel

Courts
D. Massachusetts (highest court)


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