Led Zeppelin lawyers ask judge to toss ‘Stairway’ case
He rested his case on Friday (17Jun16) after three days of testimony, which included that of guitarist Page, who made it clear he had never heard Wolfe’s song Taurus before writing Led Zep anthem Stairway to Heaven.
“Plaintiff rested and failed to carry his burden of proof on multiple issues”, Anderson wrote in a motion to dismiss.
US District Judge R Gary Klausner is expected hear arguments on the motion when the trial resumes on Tuesday.
According to Anderson, Skidmore’s explanation meant that Wolfe “assigned his renewal rights to Hollenbeck [Music, Spirit’s publisher]”, therefore designating Hollenbeck the owners of “Taurus.” or to put it in legalese: “Further, since Skidmore abandoned his prior beneficial ownership claim, he has no basis to sue and judgment is proper in defendants’ favor”.
Led Zeppelin argue that the descending chromatic four-chord progression in contention has been popular in music for 300 years but Klausner determined earlier this year that the similarities “transcend this core structure”, giving Skidmore and lawyer Francis Malofiy reason to claim copyright infringement.
The trial examines whether Led Zeppelin lifted “Stairway To Heaven” from Spirit’s 1967 instrumental “Taurus”.
The attorney says the plaintiff also failed to show damages or present evidence of revenues from “Stairway”.
The “Michael Skidmore vs. Led Zeppelin et al.” trial has provided its fair share of headline-worthy moments – from a public courtroom reunion of John Paul Jones, Plant and Page to Malofiy presenting Mary Poppins classic “Chim Chim Cher-ee” as a potential inspiration on “Stairway to Heaven.”