If a reasonable trier could, but would not be required to, find substantial similarity (and actual copying), both motions must be denied.
The affirmative defense of fair use "may be resolved on summary judgment if a reasonable trier of fact could reach only one conclusion". Narell v. Freeman, 872 F.2d 910, 910 (9th Cir. 1989); see also Belmore v. City Pages, Inc., 880 F. Supp.
Finding none of MDI's contentions persuasive, the District Court concluded MDI had not "proffered sufficient evidence which would enable a reasonable trier of fact to find that MDI's vertical dual-spring design is non functional". 971 F. Supp., at 276.
Writing for a unanimous three-member appellate panel, Judge William Cousins Jr. said, "A reasonable trier of fact could find that the criminal misuse of guns killing persons were occurrences that defendants knew would result or were substantially certain to result from the defendants' alleged conduct".
No court shall reverse a determination made by a trier of fact with respect to the availability of corroborating evidence, as described in section 1158(b)(1)(B), 1229a(c)(4)(B), or 1231(b)(3)(C) of this title, unless the court finds, pursuant to subsection (b)(4)(B), that a reasonable trier of fact is compelled to conclude that such corroborating evidence is unavailable.
If any reasonable trier would be obliged to find such similarity (along with actual copying), the plaintiff's motion must be granted and the defendants' denied.
Furyk played a drama free final hole, tapping in for par after a reasonable birdie try, and heads to the clubhouse with a 69.
Even the beleagured Nick Clegg can enjoy a few days when the behaviour of his fiercest opponents, and not the splits in his own crumbling party, are the main story.Finally, a word of free public-relations advice to the student protestors from someone who thinks they actually have a reasonable case: try not to vandalise war monuments.
If someone suggests something to try along with your current diet, and it sounds reasonable, try it.
You may know firsthand the frustration that Hans feels: "I'm a reasonable person, trying to do a good job, facing an unreasonable person who refuses to acknowledge what is clearly the right and sensible way to solve this problem.
If no reasonable trier could find such similarity, the defendants' motion must be granted and the plaintiff's denied.
