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> Having considered the matter on paper, Mellor J was satisfied that it was appropriate to grant the Claimants permission to serve the claim form out of the jurisdiction in respect of all the causes of action relied upon except for the claim for infringement of copyright in the Bitcoin File Format.

> He was doubtful whether the Claimants had a real prospect of success in establishing that copyright subsisted in the Bitcoin File Format. He invited the Claimants to file further written submissions and/or evidence addressing the following question: “when and in what form the alleged literary work in the Bitcoin File Format was first recorded, in writing or otherwise”.

> In response to this question the Claimants filed a second witness statement of Dr Wright. The judge was not satisfied that this evidence established there was a serious issue to be tried, but he gave the Claimants the opportunity to persuade him otherwise at an oral hearing on 3 February 2023. Following the hearing, the judge remained unpersuaded for the reasons he explained in his judgment.

His big "win" is getting kicked to the curb because personal testimony amounts to nothing.

> There is a common issue in all four claims: what has been called “the identity issue”, namely, whether it was Dr Wright who adopted the pseudonym Satoshi Nakamoto when announcing the creation of the Bitcoin system. That issue will be determined at a trial fixed for hearing in January 2024.

At least he's got a couple months to 'remember' up some more evidence.



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