Predictably, experts working for Stone and Powers determined the opposite.
A hearing on the matter is set for October 31.
But it is fundamental that copyright only protects expression of ideas, not the ideas themselves.
Mariah Carey performs onstage for “Merry Christmas One And All!” at Yaamava' Resort & Casino at San Manuel on November 15, 2023 in Highland, California.Kevin Mazur/WireImage
They say the hooks share only fragmentary and commonplace musical building blocks.
They accuse Careys camp of twisting the facts and argue the poetic structure of both songs is remarkably similar.
Stone, whose legal name is Andrew Franichevich, originally sued in June 2022.
He dismissed the complaint without prejudice a few months later, reserving his right to refile.