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20 Za 22 23 24 25 Case 1:15-cv-07433-LAP Document 1332-10 Filed 01/08/24 Page 18 of 64 17 H2G8GIUC regard to the other three issues raised on the motion for summary judgment, they would resolve the case entirely. I would like to talk in order of the issues that I think require the least amount of facts in order for the defendant to prevail on summary judgment. The first had to do with republication. Your Honor, this Court decided the Davis case in 1984, which, frankly, has been consistent with all of the republication law in the state of New York. It requires that for there to be liability for republication, it must be based on real authority to influence the final product. So that's what we, the defense, have been focusing on with regard to this issue. Was there real authority to influence the final product? Authority has a specific meaning. In Davis, the Court said that authority means the authority to decide upon or implement the republication. And the Court further said that acquiescence or peripheral involvement in any republication is legally insufficient. Of course, I have read the response and the plaintiff chafes at this idea that an original publisher should not be liable for republication. Your Honor, I guess I have a couple of responses to that. One is that this disagreement with that rule is directed to the wrong forum. The New York Court of Appeals and the New York law, of course, is what applies here. The New York Court of Appeals already has spoken on this topic. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300