Disney Can’t Sink ‘Pirates of the Caribbean’ Suit Over Jack Sparrow Character

The appeals court found it premature to definitively determine the similar elements are unprotectable and additional evidence and expert testimony would help. States the opinion, “This would be particularly useful in this circumstance, where the works in question are almost twenty years old and the blockbusterfilm franchise may itself have shaped what are now considered pirate-movie tropes.”

Alfred and Martinez filed an amended complaint, and now Marshall has denied Disney’s motion for summary judgment because of conflicting expert testimony. While Disney had argued the writers’ expert is unfamiliar with the pirate genre and the legal analysis used to evaluate substantial similarity, Marshall notes “these arguments go to the weight of Plaintiffs’ expert report, and the Court cannot weigh evidence on summary judgment.”

“Plaintiffs’ expert opines that the parties’ works are substantially similar and have original elements in common, whereas Defendant’s expert opines that the parties’ works are not substantially similar and common elements in the parties’ works are common in the pirate genre generally,” writes Marshall in the order, which is embedded below. “The opinions from the parties’ experts thus creates a genuine issue of material fact in dispute regarding whether the works are substantially similar.

Bloody hell, it's the 9th U.S. Circus Court. What did you expect?

Jack Sparrow is the only thing worth to see in those movies.Depp could do his own movies full of him as Brad Pitt if they were more intelligent and independent. Ek

….i read the article & still dont know what the plaintiff’s problem is. BurnettRM johncampea

There is no way to pursue this movie without Johnny Depp, while Amber is moving on with her role in Aquaman 2. Its totally unfair to Depp, also the Fantastic Beasts producers made a big mistake for replacing him.

Pirates of the Caribbean ARE Jack Sparrow. Without Jack, they don't wait for me at the cinema.

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