Page:Thaler v. Perlmutter, Answer to Complaint.pdf/13

Case 1:22-cv-01564-BAH Document 11 Filed 09/26/22 Page 13 of 13

2. Defendants deny Paragraph 2 of the Prayer for Relief.

3. Defendants deny Paragraph 3 of the Prayer for Relief.

DEFENSES

1. The Complaint fails to state a claim upon which relief can be granted. The Complaint contains solely legal conclusions and fails to allege any facts to support such conclusions.

2. The Copyright Office’s decision was not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.

WHEREFORE, Defendant Shira Perlmutter, Register of Copyright and Director of the United States Copyright Office, and Defendant the United States Copyright Office pray that Plaintiff’s Complaint be dismissed and for such other and further relief as may be deemed appropriate.

Of Counsel: SCOTT D. BOLDEN Department of Justice

Respectfully submitted, BRIAN M. BOYTON Principal Deputy Assistant Attorney General GARY L. HAUSKEN Director s/ Jenna Munnelly   JENNA MUNNELLY Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Washington, DC 20530 Email: jenna.e.munnellyusdoj.gov Telephone:(202) 616-1061 Counsel for Defendants

Dated: September 26, 2022