It kind of speaks for itself. FB is using the ambiguity in the Alive vs CLS ruling by SCOTUS to delay the case and possibly even get lucky if the judge buys their bullcrap.
All we can do is wait and see what happens. But it would be a big surprise to me if the summary judgement is granted for the defense. I expect the judge to get train moving once again.
Justice delayed is justice denied. So far, DSS has been denied it's opportunity to prove infringement and that's not the way the system should work.
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