The court held that no reasonable lay person could conclude that the tattoos featured within the match are substantially-similar to those featured on the bodies of the real players.
In supporting that holding, Judge Swain discovered that the pictures of the tattoos were twisted to a degree and were too modest in scale to matter (a mere 4.4% to 10.96percent of the size of the actual things).
The court held that no reasonable lay person could conclude that the tattoos featured within the match are substantially-similar to those featured on the bodies of the real players.
In supporting that holding, Judge Swain discovered that the pictures of the tattoos were twisted to a degree and were too modest in scale to matter (a mere 4.4% to 10.96percent of the size of the actual things).
Not just that, but just three out of 400 players featured in the match had tattoos which were at controversy.
For the court, that quantity of replicating qualified as de minimis as opposed to substantial.
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