Monsarrat v Zaiger/ Motion to Dismiss/ Drama!

Monsarrat v Zaiger/ Motion to Dismiss/ Drama!

Summary: Boston video game developer, Jonathan Monsarrat, filed a lawsuit against Brian Zaiger, owner of the hate/ defamation website, Encyclopedia Dramatica, for copyright infringement.  Zaiger filed a Motion to Dismiss and Monsarrat responded.  Then, Brian Zaiger filed a Reply to that Response, which is shown below.  After that, Monsarrat filed a sur-reply, also shown below.

On December 5, 2017, Chief Judge Patti Saris held a hearing on the motion.  A ruling on the motion will be made at a later date.  The parties have asked the Court to rule on several things: the Motion to Dismiss; Brian Zaiger has requested attorney fees for the complaint counts that were in the original Complaint that were later dropped in the Amended Complaint; Jonathan Monsarrat has asked the Court to make a ruling that Zaiger's use of the mascot photograph is not a Fair Use since it is used in a hateful context, on a for-profit website, and to promote pornography.

Immediately below is Brian Zaiger's Reply.  It does not say much beyond his original Motion to Dismiss.  He seems to have some confusion on what it meant when Monsarrat filed an Amended Complaint.  Zaiger seems to mistakenly think that items in the original Complaint would still have some bearing.  However, the Amended Complaint completely supplants the original Complaint.

Below that is Jonathan Monsarrat's Sur-Reply.

Below is Jonathan Monsarrat's sur-reply.

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