3 Count: Darkest Horse

Another surprising music lawsuit outcome...

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1: Katy Perry Loses ‘Dark Horse’ Copyright Trial

First off today, Chris Eggertsen at Billboard reports that a jury has found that Katy Perry’s 2013 song Dark Horse is an infringement of the 2009 Christian rap song Joyful Noise, sending the trial into a damages phase to see what the defendants will owe.

The case pitted Perry and her producers against the musician Marcus Gray. Gray argued that Dark Horse bore significant resemblance to his earlier work and that his song was popular enough that it was likely those involved with Perry’s song had heard it. However, Perry’s attorneys argued they had never heard the song, that they were not as similar as the plaintiffs believed (including being very different styles) and that any similarities did exist predated both songs.

However, the jury ended up siding with Gray. On the third day of deliberations, the jury returned a verdict in the plaintiff’s favor. This moves the case to the damages portion of the trial, where the same jury will determine what damages are owed, and then likely on to appeals.

2: Meat Loaf Settles Lawsuit Over ‘I’d Do Anything for Love (But I Won’t Do That)’

Next up today, Nate Jackson at The Wrap reports that the musician Meat Loaf has settled an ongoing lawsuit with Enclosed Music, with the latter arguing that Meat Loaf’s 1993 song I’d Do Anything for Love (But I Won’t Do That) is an infringement of the 1989 song [I’d Do] Anything for You by Jon Dunmore Sinclair and Mike Molina.

The lawsuit was filed in October 2017 in a California court with Enclosed Music claiming that the songs shared similar themes, chord progressions and shared the same “soul.” After some initial wrangling, the case moved into settlement negotiations earlier this year and the final settlement has been announced.

The terms of the settlement were not disclosed and neither side had any comment on it.

3: Large Piracy Websites Hosting Switch ROMs Taken Down in China

Finally today, Iggy at NintendoSoup writes that two popular Chinese websites that offered illegal downloads of Nintendo Switch games are offline following action by Nintendo in the country.

The move comes after the Chinese company Tencent started working with Nintendo to release the console and its games in China. Until recently, such sites operated in the country with relative immunity as Nintendo didn’t have a presence in the country for the Switch.

However, that is changing as two of the largest Switch sites, including 91wii, are either shuttered or have had their download section blocked. It is unclear how the removals were secured.

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