Silas
Silas v. Home Box Office, Inc.
Opinion
Lead Opinion
Wu, J.
PROCEEDINGS: IN CHAMBERS-RULING ON DEFENDANTS’ REQUEST FOR PUBLICATION OF ORDER ENTERED JULY 26, 2016 DISMISSING PLAINTIFFS’ FIRST AMENDED COMPLAINT [37]
Defendants’ Request for Publication of the Ruling on their Motion to Dismiss (see Docket No. 37) is granted. Attached hereto is the final ruling which has been amended to correct certain typographical errors.
I. Background
Everette Silas (“Silas”) and Sherri Lit-tleton (“Littleton”) (collectively, “Plaintiffs”) sue Home Box Office, Inc. (“HBO”), Stephen Levinson (“Levinson”), Mark Wahlberg (‘Wahlberg”), Dwayne Johnson (“Johnson”), 7 Bucks Entertainment, Inc. (“7 Bucks”), and Leverage Management, Inc. (“Leverage”) (collectively, “Defendants”) for one claim of copyright infringement under 17 U.S.C. § 101 et seq. See generally First Am. Compl. (“FAC”), Docket No. 18.
A. Off Season
Plaintiffs are the owners of an original motion picture trailer (the “Trailer”), a shortened trailer (the “10 Minute Trailer”), 1 a screenplay (the “Screenplay”), and a treatment (the “Treatment”) (collectively, the “Materials” or “Off Season”) all entitled OffSeason. Id. ¶ 13. The Materials are based on the same plot and characters, and have each…