Kirk Johnston v. Chad Kroeger, et al.

My name is Kirk Johnston, and I brought suit against the members of Nickelback and Warner Chappell for copyright infringement upon learning that my song Rock Star had been stolen. I’m asking the US Supreme Court to review my legal questions that were ignored at the district court and Fifth Circuit court of appeals.

1. Where I have presented competent expert evidence from a musicologist concerning the substantial and striking similarities of the hooks of the two works, is it legally appropriate for the court to disregard this evidence at the summary judgment stage in favor of its own opinion concerning the differences of the two songs, therefore denying me a right to a jury determination on the issues of substantial and striking similarity?

2. Where both parties have presented admissible testimony of competing musicology expert opinions, is it legally appropriate for the courts to resolve disputes and make factual determinations at the summaryjudgment stage concerning the similarities and differences between the hooks of the two songs, therefore denying me a right to a jury determination on the issues of substantial and striking similarity?

3. Where I have presented credible third party witness testimony concerning the