3 Count: Non-Routine Fitness

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1: Megan Roup Seeks Dismissal in Fitness Routine Copyright, Contract Lawsuit

First off today, The Fashion Law reports that trainer Megan Roup has filed for the dismissal of a lawsuit filed by fellow trainer Tracy Anderson over allegedly copyright-infringing exercise routines.

Anderson filed the lawsuit against Roup saying that Roup had copied several exercise routines that Anderson had created. According to Anderson, she trained Roup in the techniques and Roup has gone on to offer her own services, leading to a lawsuit over alleged copyright infringement, false designation of origin, breach of contract and unfair competition claims.

However, Roup has hit back and is seeking dismissal of the lawsuit, saying that it is a strategic lawsuit against public participation (SLAPP) that is an attempt to silence her free speech. She further notes that both the Ninth Circuit and the Supreme Court have ruled that no one can own “functional exercise movements.” Roup is asking that the lawsuit be dismissed with prejudice and should be struck down as per California’s anti-SLAPP law.

2: No, Minors Can’t Just “Opt Out” of Destiny 2’s Anti-Cheating Provisions

Next up today, Kyle Orland at Ars Technica reports that a serial cheater at the video game Destiny 2 has tried a novel new tactic to avoid litigation. However, that tactic has likely backfired and may make the case even worse for him.

The case was filed by Destiny 2 rightsholder Bungie against a minor defendant identified as L.L. In the lawsuit, L.L. is accused of creating cheat software of the game, which Bungie alleges is both a violation of their user agreement and of the game’s copyright.

However, L.L. has taken a different approach, claiming that, as a minor, he couldn’t sign the agreement, making it void. But that raises another problem for L.L. as his permission to run the game came from that agreement. As such, if the agreement is void, then L.L. committed copyright infringement every time he simply played the game.

3: How Ludwig and Jschlatt are Combating YouTube’s Copyright Rules

Finally today, Victoria F at SVG reports that streamers Ludwig and Jschlatt have launched a new music archive to help both themselves and other YouTubers and streamers avoid issues with copyright strikes on their work.

The idea began after Ludwig ran an experiment to see how long he could play modern music without getting ban. He was eventually stopped after just 90 seconds. As such, they created the Lud and Schlatts Musical Emporium, a place to find music free of copyright constraints.

Currently, the emporium only has 10 songs, mostly classical music, though they plan to expand it over time.

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