Case 1:22-cv-01564-BAH Document 17 Filed 02/07/23 Page 9 of 34
| I. | RESPONSE TO PLAINTIFF’S STATEMENT OF UNDISPUTED MATERIAL FACTS |
In response to Plaintiff’s Statement of Undisputed Material Facts, Defendants will respond to each paragraph as numbered in Plaintiff’s Summary Judgment Brief. See Dkt. 16 at 2–6. Even if accepted as true, Plaintiff’s facts do not preclude summary judgment in favor of Defendants.
| | A. | Facts Defendants do not Dispute |
For purposes of this Motion only, Defendants do not dispute the following paragraphs from Plaintiff’s Statement of Undisputed Material Facts: Paragraphs 2, 3, 4, 7, 8, 9, 10, 11, 12, 13, and 14.
| | B. | Facts Defendants Dispute As In Conflict With the Record |
Plaintiff’s Material Fact No. 1: The first sentence of Paragraph 1 is argumentative and does not state a fact at issue in this case. Defendants do not dispute the quoted language in the citation parenthetical.
Plaintiff’s Material Fact No. 5: Paragraph 5 is argumentative and does not accurately reflect the record. Plaintiff’s note on the application stated the Work “was autonomously created by a computer algorithm running on a machine call the ‘Creativity Machine’. We are seeking to register this computer-generated work as a work-for-hire to the owner of the Creativity Machine.” Dkt. 13-2 at US_0000001.
Plaintiff’s Material Fact No. 6: The second sentence of Paragraph 6 is argumentative and does not accurately reflect the record. The Office’s August 12, 2019 letter stated “[w]e cannot register this work,” Dk. 13-4 at US_0000005, therefore there was no “copyright in the Work” to “address.”
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