9. In fact, the Defense counsel has even admitted that they do not believe it is a foregone
conclusion that this case will in fact be dismissed, which in turn means that my legal arguments
are not frivolous. They even admitted to as much during our 26(f) conference on March 30,
2023. See
https://youtu.be/_SE9GHiDAco at timestamp 23:33 – 24:16, defense counsel outright
admits that he does not know what the ruling will be on the motion to dismiss. There are plenty
of other instances during this call when the defense counsel admits to this, if the Court wishes to
listen to the whole thing; this is just one timestamp I was able to find in a pinch.
10. In other words, by their own admission, there is in fact grounds upon which reasonable
minds may differ regarding whether it is fair use. Therefore, by their own admission, it cannot
not meet the legal definition of “frivolous.”