The longstanding case at the intersection of Hollywood and Silicon Valley revolves around lauded VFX technology called MOVA Contour, which was allegedly used by a Disney contractor to animate the 'Avengers' villain in addition to characters in other movies.
The copyright infringement claims turned on the degree of MOVA’s contribution to the movies.
Dismissing the claim the last time around, the court found Rearden didn’t properly allege copyright infringement since MOVA can’t operate “without any substantial contribution from the actors or directors.” Tigar instructed Rearden to offer evidence that the technology did the majority of the work in creating the characters.
Rearden had asked the court to infer that “DD3 must have created these files using the MOVA Contour software” because of its “own knowledge’ of how the technology works. But Tigar concluded that he’s “left to guess as to how modification of an existing output file indicates that the file was created by the operation of MOVA system during facial capture shoots for a specific project” unless the company “shares that knowledge with the court.
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