'Although we agree the challenged conduct arises from protected speech activity ... their degree of connection to a topic of public interest is insufficient to warrant protection,' states the opinion.
A California appeals court on Wednesday affirmed the decision, but it diverged from the trial court in one key area: public interest.
The key difference for this court is that in the Penn-Bruckheimer version the Attorney General is inspired by Eric Holder, who served in the role from 2009-2015 and was the first Black man to hold the position, and Musero’s version didn’t have any connection to the high-profile, real-life figure. “Communicating the general idea of a legal drama involving the Attorney General and prosecutors in the Department of Justice is not significantly different from the second 30 minutes of each episode of thefranchise that ran on NBC for 20 years, which focused on the Manhattan District Attorney’s Office and its prosecutors, and is not closely linked to any ongoing public interest that might exist with respect to former Attorney General Holder or even to the Penn-Bruckheimer series itself,” states...
The rest of the creative elements that were allegedly “harvested” by the agents are “even further removed from any public interest,” the appeals court found.
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