Virginia Vallejo, a Columbian journalist who wrote about her close relationship with Pablo Escobar in the 1980s, may soon get to tell a Florida jury how Netflix's Narcos infringed her memoir
. She couldn't sue over unprotectable bits like a meeting that proceeded Escobar's foray into politics, but the judge did see some unique expression in the way that Vallejo described Escobar's intimacy with a revolver.
As a prospective trial inched closer and with the parties discussing dates as soon as Thursday, the defendants made a new argument why Vallejo's suit failed.to One Lane Highway and Pinguin Films. Those production companies would releasestarring Javier Bardem and Penelope Cruz in 2017. The defendants argued that the broad assignment of rights had divested Vallejo of copyright, and thus, she had no standing to bring a lawsuit.
But in a decision today, Judge Moore seizes on how the movie producers did not exercise the option for a was released. "Although the assignment of rights was broad, it did not include the assignment of past, accrued causes of action for infringement," concludes the judge.
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