.....The "magic icicles" function completely differently in the works. In Plaintiffs' story, Evila uses her magic icicle as an instrument of evil, in the way that an evil wizard would use his wand. Its function appears limited to shooting out streams of liquid ice so Evila can freeze her foes. In [Disney's] films, the crystals worn around Santa's neck and on the dogs' collars, as well as the gigantic icicle hanging from the ceiling of the ice cave, are instruments of good. They are repositories for the Christmas spirit, absorbing and then releasing powerful positive energy at various points in the films.Disney insists the two works differ in plot, characters, setting, theme -- even mood:
Plaintiffs' work is dominated by Evila the witch.... [whose] presence gives much of the story a sinister tone. By contrast, the tone of the majority of [Disney's] First Picture is by turns lighthearted and sentimental.Whaaat? Disney lighthearted and sentimental? Sacre bleu!
[Disney] assert[s] that The First Picture "emphasizes the importance of taking responsibility for the happiness of others". Plaintiffs' counsel must confess that Plaintiffs believe that to be a poor and dangerous theme to send to any audience, let alone an impressionable audience.Nor can he resist this yuletide reference:
Not since George Seaton's 1947 Christmas film Miracle on 34th Street, has a court been called upon to address the integrity of the holiday spirit employing the eyes of the beholder.
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