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In addition to his other numerous talents, Slyjester is an amateur actor specializing in musical theatre. In March 2020, COVID-19 had shutdown all theatres in
In addition to his other numerous talents, Slyjester is an amateur actor specializing in musical theatre. In March 2020, COVID-19 had shutdown all theatres in the US, including Broadway, off-Broadway, and off-off (very far off) Broadway. Slyjester had been looking forward to playing the role of Joseph Pulitzer in an off-off Broadway production of "Newsies" before the pandemic forced his show to close. Never one to give up his shot at stardom, Slyjester decided to "seize the day" by inventing a brand new technology that would allow him and his castmates to perform the show entirely virtually. Zoom and other video conferencing software had been criticized for the audio and video lag, making them a poor choice for choral singing. Video conferencing could work for songs where each singer has a solo or where the singers record their own track of a song separately, and then they are all mixed together in a recording studio to create the final cut. As entertaining as these studio-produced singalongs are, they aren't a substitute for live theatre. So Slyjester created a system that would allow his theatre company to mount a full-scale production virtually, and advertised that it would be the first time in history that a full musical "with all the elements, with everyone in a different location, is being produced 100% LIVE for multiple performances, just like an in-person run of a show." This advertising caught the attention of industry professionals from coast to coast, who were intrigued. If it worked, this technology would have revolutionized the theater world, and allowed Broadway to reopen last year virtually instead of only just this past month. Aaron Foulmouth saw these ads, and decided to create a competing system. While the Newsies cast was rehearsing before opening night, Foulmouth coded a platform to allow live virtual productions, contacted the press for news articles, launched his system to great fanfare. Newsies was supposed to open on December 19, 2020, but Foulmouth's theatre company performed their production of Hamilton Jr. on September 30, 2020. After that, the industry pros forgot all about Slyjester's technology (after all, if it's not in the papers, it didn't happen -- and Foulmouth won the media game), and chose to license Foulmouth's tech instead. Angry that the industry pros canceled their complimentary tickets for his upcoming Newsies show, Slyjester sued Foulmouth. Does Foulmouth have liability? Why or why not? What rules guide your analysis
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