In an opinion yesterday, Judge Hellerstein dismissed a suit claiming that the popular novel The Art of Fielding unlawfully misappropriated elements of the story from an unpublished novel called Bucky’s 9th. After reading both works, Judge Hellerstein found they were not substantially similar:
When read in context, the portions or features of TOAF that are alleged to be similar to Bucky’s are either abstract ideas, scenes a faire, or trivial details insignificant to the either of the two works. True, both works are about a struggling Division III baseball college team, and both works track the baseball team’s changed fortunes after the arrival of a new player. But that is the extent of the similarities.