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Appeal of order striking copyright claim over urban agriculture concept dismissed.
The self-represented plaintiff appealed an order of a case management judge (Associate Judge) that had struck his Statement of Claim without leave to amend and dismissed his motion to file an amended claim.
The underlying action alleged copyright infringement based on a conceptual urban development project integrating an agricultural component.
The Federal Court dismissed the appeal, finding no palpable and overriding error or error of law.
The Court held the plaintiff failed to identify what specific part of the alleged literary and artistic works was reproduced, improperly claiming copyright over the idea or concept of urban agriculture rather than its expression.
Allegations of bias against the Associate Judge were also dismissed.