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Do you think that the way a jury trial works is that they call the jury into the room, show them a few screenshots, and then immediately say "right, time to giv
by danaris 19d ago
Do you think that the way a jury trial works is that they call the jury into the room, show them a few screenshots, and then immediately say "right, time to give your verdict!"?
If this were ever to go to a jury trial, both sides would get to present their evidence, which includes explanations of how Luanti is different from Minecraft.
If you were correct, then basically every accusation of substantial similarity would be upheld in court because apparently juries are morons and they don't get given the full facts.
However, you also have failed to provide any support for your assumption that this would go to a jury trial; the article doesn't mention any kind of trial. DMCA notices are adjudicated by the platform owner, with very little transparency, and certainly no jury of peers. If it doesn't get resolved by the counter-notice, then maybe Luanti will sue (Microsoft? Google? Tracer.AI? all of the above? who knows!), and maybe it would go before a jury. But given how lawsuits in the US go these days, that's pretty unlikely. Odds are if there is a lawsuit, it will be settled before a jury ever gets selected.