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In a ruling last year, before Premium Rush was released, the judge denied Sony’s motion to dismiss, saying Quirk would need to prove “not only that a copy of the novel originally provided by his agent ended up in the hands but also that each person who accepted it along the way did so with the expectation that payment would be due if the ideas were utilized.”īut now Sony has won the lawsuit on a slightly different ground. Second, because rather than bring a copyright infringement lawsuit, Quirk attempted a tougher-to-defeat claim of breach of implied contract.
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Quirk at least had a basis for theorizing that Sony’s Columbia Pictures unit had seen either his book or Warners’ screenplays even if he couldn’t directly prove it.
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An option on the book was purchased by Warner Bros., which commissioned two separate writers to prepare a screenplay but never went forward with a film. ‘Q&A: ‘Premium Rush’s’ Joseph Gordon-Levitt, Dania Ramirez on Stunts, Stitches and Shooting in New YorkĪlthough stolen idea lawsuits are common, this one had a better chance than most for two big reasons.įirst, because Quirk actually had a respectable agent in the business - CAA’s Matthew Snyder, who distributed pre-release copies of Quirk’s 1998 novel, The Ultimate Rush. On Tuesday, a federal judge in San Francisco delivered an answer.