Full opinion text
ORDER RE: DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT AND TO DISMISS COLLINS, District Judge. In this civil action complaining of alleged misappropriation of Plaintiffs’ ideas and expression for the creation and production of the 1997 motion picture “The Peacemaker,” Plaintiffs allege claims of direct and contributory copyright infringement, and eleven associated claims under different state laws. Defendants have filed two motions: the first seeks summary judgment on Plaintiffs’ first two (copyright) claims; the second seeks dismissal of Plaintiffs’ state law claims. Both motions came on for a hearing before this Court on September 10, 2001. The Court GRANTS the summary judgment motion, and GRANTS IN PART AND DENIES IN PART the motion to dismiss. The SAC is DISMISSED: the First through Fifth, Seventh through Tenth, Twelfth, Thirteenth, and part of the Eleventh Claims are DISMISSED, with prejudice. The Sixth and remaining Eleventh Claims are DISMISSED, without prejudice. I. PROCEDURAL HISTORY Plaintiffs Pro Se J. KEITH IDEMA (“Idema”), GARY SCURKA, KATHY SCURKA (“the Scurkas”), and JIM MORRIS (“Morris”) (collectively, the “Plaintiffs”) commenced this civil action with an initial Complaint filed September 25, 2000. The original Complaint alleged nine causes of action based on the facts alleged therein, and named as Defendants DREAM-WORKS, INC. dba DREAMWORKS SKG, DREAMWORKS FILMS LLC, DREAMWORKS DISTRIBUTION LLC, DREAMWORKS LLC, (the “Dreamworks entities”), STEVEN A. SPIELBERG (“Spielberg”), BANTAM DOUBLEDAY DELL PUBLISHING GROUP (“Random House”), ANDREW COCKBURN, LESLIE COCKBURN (“the Cockburns”), JESSICA STERN (“Stern”), MICHAEL SCHIFFER (“Schiffer”), and PHILLIP PETERSEN (“Petersen”). The original Complaint was 83 pages and 244 paragraphs. To the extent that its allegations can be summarized, it claimed that “The Peacemaker” was based at least in part on the life story, and/or on several versions of a partly fictionalized story of the life of the lead Plaintiff, Idema, a former “Green Beret.” On October 30, 2000, several Defendants filed a motion to dismiss the Complaint and/or to require a more definite statement. However, on November 16, 2000, the Court instead granted what it construed to be an ex parte request by Plaintiffs for leave to file a First Amended Complaint (“FAC”), and therefore took the motion to dismiss/require a more definite statement off calendar. Plaintiffs were cautioned that they should file the FAC only after having reviewed and considered the objections raised by Defendants’ motion. This caution was repeated in a subsequent extension of time within which to file the FAC granted to Plaintiffs (all of whom were at this time still pro se) on December 6, 2000. Nonetheless, the FAC filed by Plaintiffs on December 19, 2000 expanded the asserted claims. It contained 12 causes of action: the nine asserted in the original Complaint plus three new claims. The FAC was 96 pages and 296 paragraphs in length (plus one attachment). The FAC told the same basic story as the original Complaint, and aside from the addition of new allegations and new claims for relief did not appear to deviate significantly from Plaintiffs’ original effort. It named all of the same Defendants as did Plaintiffs’ initial Complaint. On January 10, 2001, several Defendants filed another motion to dismiss and/or to require a more definite statement (and/or to strike certain material from the FAC). This motion was joined by all named Defendants except Defendant Petersen. The motion sought dismissal of the First through Fifth and Seventh through Twelfth Claims for Relief, i.e., all claims in the FAC except for the Sixth Claim for Breach of Contract, which was then asserted only against Defendant Petersen. On January 30, 2001, pursuant to a Stipulation and Order submitted by the parties and signed by the Court, the hearing on Defendants’ motion was continued from its noticed date of February 12, 2001 to a new date of March 12, 2001. Plaintiffs filed opposing papers on February 26, 2001 (timely under Central District Local Rule 7.6 though not timely under a briefing schedule laid out by the Stipulation and Order). A Reply was filed/joined by all Defendants except Petersen on March 5, 2001. In the interina, on February 20, 2001, all of the named Defendants except Defendant Petersen also filed (or joined) a motion for summary judgment. This motion was specifically addressed only to the claims ostensibly brought under the federal Copyright Act (the First, Second, and Third Claims for Relief), and was only applicable if those claims survived the motion to dismiss. The summary judgment motion was also noticed for March 12, 2001, the hearing date of the motion to dismiss. On February 28, 2001, in lieu of an opposition to the summary judgment motion, Plaintiffs filed a “Request to Deny or Continue Defendants’ Motion for Summary Judgment,” invoking Rule 56(f). Plaintiffs claimed that summary judgment was premature without allowing them discovery on, inter alia, earlier versions of the script for “The Peacemaker,” a two-page pitch “treatment” for the movie that was allegedly crucial to development, people who worked on the scripts and the film (such that they might be deposed), contracts), if any, between the Dreamworks entities, the Cockburns, and Stern, and source materials allegedly given to Defendant Schiffer (screenwriter) by Defendant Spielberg. Defendants filed their Reply to this “Request” on March 5, 2001. On March 12, 2001, the Court heard oral argument on the motions to dismiss and for summary judgment and, with minor modifications made based on the arguments raised in the hearing, signed its Order which granted in part and denied in part the motion to dismiss and denied without prejudice the motion for summary judgment. The March 12, 2001 Order (the “March 12 Order”) granted Defendants’ motion to dismiss as to Plaintiffs’ First through Fourth and Tenth through Twelfth Claims for Relief. See, e.g., March 12 Order (Docket No. 62) at 43. This Order declined to consider, and thus denied, the motion to dismiss insofar as it applied to Plaintiffs’ state law (Fifth through Ninth) Claims for Relief. The March 12 Order also denied Defendants’ motion for summary judgment, as well as Plaintiffs’ Rule 56(f) motion, both without prejudice to their re-filing, finding both motions mooted by the grant of the motion to dismiss as to the First and Second Claims. Specifically, the Court concluded that Plaintiffs were barred from proceeding on the First (for Copyright Infringement) and Second (for Contributory Copyright Infringement) Claims for Relief because they had not yet obtained or submitted proofs of copyright for all of the allegedly copyrighted works on which these claims were based. As a result, the Court dismissed these claims, though without prejudice to their re-filing in a subsequent complaint should Plaintiffs succeed in obtaining certificates of copyright registration (or amendment of these claims in the FAC to rely only on works for which Plaintiffs had obtained registration certificates). On this basis, the Order also dismissed the Eleventh and Twelfth (for equitable remedies) Claims for Relief, with limited leave to amend. See March 12 Order at 30-31, 41. In the Order, Plaintiffs were given until April 23, 2001 to file a Second Amended Complaint (“SAC”) basing copyright claims only on any allegedly copyrighted works for which Plaintiffs had by then obtained certificates of registration. See March 12 Order at 31. The Order stipulated that if no SAC complying therewith was filed by that date, the First and Second Claims for Relief would be dismissed, without prejudice, based on the Court’s lack of jurisdiction thereon. See id. The same deadline applied to Plaintiffs’ ability to amend the Eleventh and Twelfth (equitable remedies) Claims for Relief. See id. at 41. The March 12 Order also dismissed, with prejudice, Plaintiffs’ Third (Conspiracy to Infringe Copyright), Fourth (Unfair Competition under the Lanham Act), and Tenth (RICO) Claims for Relief. See id. at 32-41, 43. Also dismissed with prejudice were Plaintiffs’ Eleventh and Twelfth Claims for Relief to the extent that they relied on the Lanham Act allegations. See id. at 41, 43. However, because it was at that point uncertain whether Plaintiffs would re-institute their copyright claims, the only remaining federal claims upon which this Court’s original jurisdiction might be based, the Court declined to rule on Plaintiffs’ state law claims (the Fifth through Ninth) because of the real possibility that it might decline to exercise supplemental jurisdiction over these claims should Plaintiffs not amend or re-file their copyright claims. The Court specifically stated that if no SAC was filed, and the First and Second Claims were dismissed, it would not exercise supplemental jurisdiction over the state law claims, and the entire case would be dismissed. See March 12 Order at 42-43. On April 23, 2001, Plaintiffs filed their SAC, which is now the operative complaint in this matter. The SAC contains a total of 13 Claims for Relief. Without having sought or received leave from the Court to amend or add claims, and despite the fact that the Court in its March 12 Order was quite explicit that leave to amend was granted only as to the First and Second (and Eleventh and Twelfth) Claims for Relief, Plaintiffs’ SAC represents a significant departure from the FAC. The SAC both adds new claims and amends existing claims either in their form or with regard to the states (or other jurisdictions) upon the law of which Plaintiffs feel these claims draw. The SAC is now 61 pages and 230 paragraphs in length (plus one attachment). Indeed, the only Claims for Relief which have remained relatively constant between the FAC and the SAC are the First, Second, and Sixth Claims for Relief (i.e., the copyright and breach of contract claims). Plaintiffs have acquired Certificates of Registration for each of the eight copyrighted works upon which they base their copyright claims. Aside from these constants, nearly every claim in the SAC is in some way an amendment or addition to the FAC. For instance, while the FAC included a claim for Breach of Implied Contract and/or Breach of Confidence (previously the Fifth Claim for Relief), the SAC terms this claim as solely Breach of Confidence (now the Third Claim for Relief), and whereas the FAC made this claim under North Carolina as well as California, Michigan, and New York law, the SAC relies solely on North Carolina law for this claim. See FAC ¶ 183; SAC ¶ 130. The present Fraud claim (the Fourth Claim for Relief) in the SAC is wholly new, as are Plaintiffs’ claims for Negligent Misrepresentation, Intentional, and Negligent, Interference with Prospective Economic Advantage, Unfair and Deceptive Trade Practices, and Violation of the (North Carolina) Trade Secrets Act (the Ninth, Tenth, Twelfth, and Thirteen Claims for Relief). See SAC ¶¶ 131-146, 168-175, 189-194. All of these new claims are asserted against all of the Defendants. Moreover, Plaintiffs made not-insubstantial changes in each of the remaining claims in the SAC, for Invasion of Privacy, Conversion, and Civil Conspiracy (now the Seventh, Eighth, and Eleventh Claims), all of which did appear in one form or another in the FAC. See FAC ¶¶ 191-221 (previously Seventh to Ninth Claims); SAC ¶¶ 153-167,176-188. What had been a claim for Theft of Personality/Violation of Right to Publicity (Seventh Claim in the FAC) under District of Columbia as well as New York and North Carolina common law against the Dreamworks entities, Spielberg, the Cock-burns, Stern, and Schiffer, has become a common law claim for Invasion of Privacy (Seventh Claim in the SAC) under the laws of the District of Columbia and North Carolina, as to the Dreamworks entities, Spielberg, the Cockburns, Stern, Schiffer, and Ballpark. See FAC ¶¶ 191-198; SAC ¶¶ 153-159. Similarly, what had been a claim for Conversion under the laws of California and the District of Columbia (Ninth Claim in the FAC) against all Defendants, has now become a Conversion claim against all Defendants (Eighth Claim in the SAC) under the laws of California, the District of Columbia, and North Carolina. See FAC ¶¶ 215-221; SAC ¶¶ 160-167. And finally, what was previously a claim for Civil Conspiracy as to the Dreamworks entities, Spielberg, Random House, the Cockburns, Stern and Schiffer (Eighth Claim in the FAC) under District of Columbia, New York, North Carolina, and Virginia law, is now a claim for Civil Conspiracy (the Eleventh Claim in the SAC) under the laws of the District of Columbia, North Carolina, and Virginia (i.e., no longer New York), though it is made against the same Defendants. See FAC ¶¶ 199-214; SAC ¶¶ 176-188. Thus, the SAC adds six wholly new state law claims, and also makes additions or deletions to four others, all without leave of court. On May 10, 2001, several Defendants filed the instant Motion to Dismiss the Third through Fifth and Seventh through Thirteenth Claims for Relief (the “Motion to Dismiss”), originally noticed to be heard on June 11, 2001. Defendants Random House and Petersen each filed separate Joinders in the Motion to Dismiss (“Random House MTD Joinder” and “Petersen MTD Joinder”) such that all named Defendants are now represented thereon. Each of these Joinders largely relies on the arguments made in the initially-filed Motion to Dismiss, except that the Petersen MTD Joinder also moves to dismiss the Sixth Claim for Relief (for Breach of Contract), which is asserted in the SAC only as to Defendant Petersen. Except with regard to the Sixth Claim for Relief, therefore, the Court refers largely to the Motion to Dismiss. On May 23, 2001, the same primary group of Defendants filed the instant Motion for Summary Judgment on Plaintiffs’ First and Second Claims for Relief (the “Summary Judgment Motion”), also noticed for a hearing date of June 11, 2001. Defendants Random House and Petersen once again filed separate Join-ders in the Summary Judgment Motion (the “Random House MSJ Joinder” and “Petersen MSJ Joinder”), such that all the named Defendants are also represented on this Motion. Again, the Court relies primarily on the Summary Judgment Motion for Defendants’ arguments in favor of summary judgment on the First and Second Claims. On June 14, 2001, the parties entered, and the Court signed, a Stipulation and Order continuing the hearing on both of Defendants’ motions to August 20, 2001. The Stipulation and Order called for the Plaintiffs to file and serve oppositions no later than July 12, 2001, and for Defendants to file any replies on these motions by August 6, 2001. Under this stipulated schedule, Plaintiffs filed an Opposition to the Motion to Dismiss (the “MTD Opposition”) on July 12, 2001. However, Plaintiffs did not file their Opposition to the Summary Judgment Motion (the “MSJ Opposition”) until July 20, 2001. Along with the MSJ Opposition, Plaintiffs also filed a significant number of voluminous exhibits in purported support of their copyright claims. In light of the delayed filing of Plaintiffs’ MSJ Opposition, and the voluminous evidence submitted therewith, on August 9, 2001 the parties submitted, and the Court signed, a Stipulation and Order which continued the date of the hearing on Defendants’ motions, this time to September 10, 2001, and gave Defendants more time to file replies. In conformity with the schedule outlined by this Stipulation and Order, on August 20, 2001 the primary Defendants filed their Reply to Plaintiffs’ Opposition to the Motion to Dismiss (the “MTD Reply”) and their Reply to Plaintiffs’ Opposition to the Summary Judgment Motion (the “MSJ Reply”). Defendants Random House and Petersen once again joined these replies, thus including all named Defendants thereon. II. LEGAL MOTION STANDARDS A. Motion for Summary Judgment Pursuant to Rule 56 The party moving for summary judgment has the initial burden of establishing that there is “no genuine issue as to any material fact and that [it] is entitled to a judgment as a matter of law.” Fed.R.Civ. Pro. 56(c); see British Airways Bd. v. Boeing Co., 585 F.2d 946, 951 (9th Cir.1978); Fremont Indemnity Co. v. California Nat’l Physician’s Insurance Co., 954 F.Supp. 1399, 1402 (C.D.Cal.1997). If the moving party has the burden of proof at trial (e.g., a plaintiff on a claim for relief, or a defendant on an affirmative defense), the moving party must make a “showing sufficient for the court to hold that no reasonable trier of fact could find other than for the moving party.” Calderone v. United States, 799 F.2d 254, 259 (6th Cir.1986) (quoting from Schwarzer, Summary Judgment Under the Federal Rules: Defining Genuine Issues of Material Fact, 99 F.R.D. 465, 487-88 (1984)). Thus, if the moving party has the burden of proof at trial, that party “must establish beyond peradventure all of the essential elements of the claim or defense to warrant judgment in [its] favor.” Fontenot v. Upjohn Co., 780 F.2d 1190, 1194 (5th Cir.1986) (emphasis in original); see Calderone, 799 F.2d at 259. If the opponent has the burden of proof at trial, the moving party has no burden to negate the opponent’s claim. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The moving party does not have the burden to produce any evidence showing the absence of a genuine issue of material fact. Id. at 325, 106 S.Ct. 2548. “Instead, ... the burden on the moving party may be discharged by ‘showing’ — •that is, pointing out to the district court — that there is an absence of evidence to support the nonmov-ing party’s case.” Id. (citations omitted). Once the moving party satisfies this initial burden, “an adverse party may not rest upon the mere allegations or denials of the adverse party’s pleadings ... [T]he adverse party’s response ... must set forth specific facts showing that there is a genuine issue for trial.” Fed.R.Civ.Pro. 56(e) (emphasis added). A “genuine issue” of material fact exists only when the non-moving party makes a sufficient showing to establish the essential elements to that party’s case, and on which that party would bear the burden of proof at trial. Celotex, 477 U.S. at 322-23, 106 S.Ct. 2548. “The mere existence of a scintilla of evidence in support of the plaintiffs position will be insufficient; there must be evidence on which a reasonable jury could reasonably find for plaintiff.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The evidence of the nonmovant is to be believed, and all justifiable inferences are to be drawn in favor of the nonmovant. Id. at 248,106 S.Ct. 2505. However, the court must view the evidence presented “through the prism of the substantive evi-dentiary burden.” Id. at 252, 106 S.Ct. 2505. B. Motion to Dismiss Pursuant to Rule 12(b)(6) A Rule 12(b)(6) motion tests the legal sufficiency of the claims asserted in the complaint. See Fed.R.Civ.Pro. 12(b)(6). Rule 12(b)(6) must be read in conjunction with Rule 8(a) which requires a “short and plain statement of the claim showing that the pleader is entitled to relief.” 5A Charles A. Wright & Arthur R. Miller, Federal Practice and Procedure § 1356 (1990). “The Rule 8 standard contains ‘a powerful presumption against rejecting pleadings for failure to state a claim.’” Gilligan v. Jamco Dev. Corp., 108 F.3d 246, 249 (9th Cir.1997). A Rule 12(b)(6) dismissal is proper only where there is either a “lack of a cognizable legal theory” or “the absence of sufficient facts alleged under a cognizable legal theory.” Balistreri v. Pacifica Police Dept., 901 F.2d 696, 699 (9th Cir.1988); accord Gilligan, 108 F.3d at 248 (“A complaint should not be dismissed ‘unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.’ ”). The Court must accept as true all material allegations in the complaint, as well as reasonable inferences to be drawn from them. See Pareto v. F.D.I.C., 139 F.3d 696, 699 (9th Cir.1998). Moreover, the complaint must be read in the light most favorable to the plaintiff. See id. However, the Court need not accept as true unreasonable inferences, unwarranted deductions of fact, or conclusory legal allegations cast in the form of factual allegations. See, e.g., Western Mining Council v. Watt, 643 F.2d 618, 624 (9th Cir.1981). Moreover, in ruling on a 12(b)(6) motion, a court generally cannot consider material outside of the complaint (e.g., facts presented in briefs, affidavits, or discovery materials). See Branch v. Tunnell, 14 F.3d 449, 453 (9th Cir.1994). A court may, however, consider exhibits submitted with the complaint. See id. at 453-54. Also, a court may consider documents which are not physically attached to the complaint but “whose contents are alleged in [the] complaint and whose authenticity no party questions.” Id. at 454. Further, it is proper for the court to consider matters subject to judicial notice pursuant to Federal Rule of Evidence 201. Mir, M.D. v. Little Co. of Mary Hospital, 844 F.2d 646, 649 (9th Cir.1988). Lastly, a Rule 12(b)(6) motion “will not be granted merely because [a] plaintiff requests a remedy to which he or she is not entitled.” Schwarzer, Tashima, and Wagstaffe, Civil Procedure Before Trial § 9:230 (2000). “It need not appear that plaintiff can obtain the specific relief demanded as long as the court can ascertain from the face of the complaint that some relief can be granted.” Doe v. United States Dept. of Justice, 753 F.2d 1092, 1104 (D.C.Cir.1985); see also Doss v. South Central Bell Telephone Co., 834 F.2d 421, 425 (5th Cir.1987) (demand for improper remedy not fatal if claim shows that the plaintiff is entitled to a different form of relief). III. STATEMENT OF FACTS AND ALLEGATIONS The Court finds itself in the somewhat unusual circumstance of simultaneously considering both a motion for summary judgment and a motion to dismiss, albeit the two motions are addressed to separate claims in Plaintiffs’ SAC. The Court must therefore examine whatever evidence is presented by the parties as support for the moving and/or opposing papers on the Summary Judgment Motion, with regard to the copyright claims, and subsequently disregard that same evidence for purposes of the Motion to Dismiss, as to the state law claims. Fortunately, little of the evidence presented as to Plaintiffs’ First and Second Claims for Relief will in any case have any bearing on Plaintiffs’ remaining claims. Indeed, because Defendants concede (for the purposes of the Summary Judgment Motion) that they had access to Plaintiffs’ copyrighted works, the primary evidence relevant to the decision of that motion are the works themselves. Therefore, in what follows the Court gives: detailed descriptions of the works relevant to the Summary Judgment Motion; and then a summary of the allegations in the SAC underpinning Plaintiffs’ eleven separate state law claims. A. Evidence Relevant to the Summary Judgment Motion — The Works Defendants’ Summary Judgment Motion seeks judgment as a matter of law on Plaintiffs’ First (for Copyright Infringement) and Second (for Contributory Copyright Infringement) Claims for Relief. As has been stated, Defendants concede for the purposes of this motion that they had sufficient access to Plaintiffs’ copyrighted works to make use of those works in the creation of “The Peacemaker.” See, e.g., Summary Judgment Motion at 15. They argue, nonetheless, that “The Peacemaker” is insufficiently similar to the protected expression in Plaintiffs’ works to support any inference of unlawful copying. See id. at 16-43. Of primary relevance to Defendants’ motion, therefore, are the works themselves: Plaintiffs’ copyrighted works, versus “The Peacemaker.” 1. Plaintiffs’ Copyrighted Works— “Idema’s Story” There are eight primary works upon which Plaintiffs base their First and Second Claims for Relief. Plaintiffs allege, and there is no challenge from Defendants, that each of these works is registered with the U.S. Copyright Office, and that each of the Plaintiffs has assigned to each of the others all rights under each of the various authors’ copyrights in these respective works. See SAC ¶¶ 14-15. These eight works collectively comprise what Plaintiffs refer to as “Idema’s Story.” See SAC ¶ 14. They include: (1) a novel (draft form) written by Plaintiff Ide-ma, in or around 1995, titled “Red Bull Rising” (Copyright No. TXu 967-236) (hereinafter “Red Bull Rising”); (2) a film treatment written by Plaintiff Morris, in or around 1994, titled “ ‘Loose Cannon’ — The Keith Idema Story” (Copyright No. PAu 2-510-608) (hereinafter “Loose Cannon (film)”); (3) an article written by Plaintiff Morris which appeared in Soldier of Fortune magazine in the March, 1995 issue, titled “Loose Cannon on Target: Special Forces NCO Battles ‘Federal Bureau of Intimidation’ ” (Copyright No. TX 4-016-251) (hereinafter “Loose Cannon on Target (SOF)”); (4) another article by Plaintiff Morris (the two articles were a “series”) published in Soldier of Fortune magazine, the April, 1995 issue, titled “Spiking a Loose Cannon: FBI Used KGB Tactics to Jail SF Operator” (Copyright No. TX 4-029-542) (hereinafter “Spiking a Loose Cannon (SOF)”); and (5) a draft of the March, 1995 and April, 1995 Soldier of Fortune article(s) (Copyright No. TXu 968-343) (hereinafter “1995 SOF Article draft”). See, e.g., SAC ¶ 14; Exhibits F and G to Petrich Deck; Exhibit 24. Also included among the eight works upon which Plaintiffs’ First and Second Claims for Relief are premised are: (6) a film treatment written by Plaintiff Gary Scurka, in or around 1994, which is titled “The Vilnius Brief’ (Copyright No. PAu 2-522-556) (hereinafter “The Vilnius Brief’); (7) a third article written by Plaintiff Morris for Soldier of Fortune magazine, which appeared in the September, 1997 issue, titled “Cool-Hand Keith: Police-State Tactics Keep Ex-SF NCO in Federal Slam” (Copyright No. TX 4-535-005) (hereinafter “Cool-Hand Keith (SOF)”); and finally (8) a press packet/story outline/clip reel (videotape), prepared on an unspecified date, for a documentary film planned/produced by the Scurkas titled “Any Lesser Man: The J. Keith Idema .Story” (Copyright No. PA 1026-932) (hereinafter “Any Lesser Man (film)”). See, e.g., SAC ¶ 14; Exhibit F to Petrich Decl. All eight of these works are based to a greater or lesser extent on purported actual events in Plaintiff Idema’s life. Only the Red Bull Rising novel holds itself out as a fictional account, and even the prologue and acknowledgments thereto proclaim it is a “true story” and that “almost all of it is based on fact ...” Exhibit 24 (Red Bull Rising) at 000006, 000012. The other seven works purport to be, or appear to be, journalistic reportage of events in Plaintiff Idema’s life, of his character, and of events in the former Soviet Union and the Lithuanian republic. These seven works are, like Red Bull Rising, focused on Idema as anti-hero, and report primarily from his point of view. See Exhibit F to Petrich Decl. at 000007-00026 (“Loose Cannon (film)”), 000055-000059 (“Loose Cannon on Target (SOF)”), 000063-000066 (“Spiking a Loose Cannon (SOF”)), 000029-000049 (“1995 SOF Article Draft”), 000069-000080 (“The Vilnius Brief’), 000086-000087 (“Cool-Hand Keith (SOF)”), 000090-000103 (“Any Lesser Man (film)”). Though the contents of these works (and the protected expression therein) will also be the subject of a comparative discussion in Part IV.A, below, a working synopsis of each is also in order here: Loose Cannon (film) — The reader is asked to imagine “a rabid, tyrannical Third-World despot bringing a backpack nuclear weapon into Manhattan in a diplomatic pouch and taking out the U.N.,” an event which Idema’s sources “have alluded may be a current plan by Abu Nidal or Hezbollah.” Loose Cannon (film) at 000008. The treatment goes on to reference the 1991 murder of eight border guards in the newly independent Lithuanian military, and suggests that their assassination was part of a plot to smuggle nuclear weapons out of the former Soviet Union/Russia to Iran, Iraq, or North Korea. See id. These events reportedly “brought together in friendship three men who were once enemies; a Russian Colonel, a Lithuanian General, and an American Green Beret; with a ‘Connie Chung’ news producer. Their bond would be the investigation and pursuit of an international nuclear smuggling conspiracy.” Id. As the treatment goes on to say, the nuclear weapons at issue did or may include “backpack” nuclear devices called Special Atomic Demolition Munitions (“SADMs”). See id. at 000009. Following some background and build-up on Idema’s history and training as a Green Beret, his character, his business(es) running expositions for Special Forces units worldwide, and his 1991 involvement in training and befriending the newly independent Lithuanian Army, the treatment credits Idema’s alleged “trusted American” status among the Lithuanians as explanation for the fact that he was the first they called when they intercepted (former) Soviet KGB and Ommon (also called GRU, a military intelligence branch similar to the KGB) agents trying to smuggle four SADMs out of Russia into Lithuania on then-way to Iraq, Iran, or possibly North Korea. See id. at 000012. The treatment says the bad news was that this was the third of four shipments: the first two made it through to Saddam Hussein (Iraq), and either to Iran or to North Korea. See id. The treatment says one SADM is capable of taking out more than 10 Manhattan city blocks, a figure which rises to 80 square blocks with secondary damage. See id. So, the treatment goes on, Idema attempted to bring this information to U.S. agencies like the FBI and the CIA, and the State Department, but refused to “play by the rules,” as is consistent with his character as a “tough,” “volatile,” and “puckish” man cursed with a “big mouth.” Id. at 000014. This attitude led him, among other things, to refuse to divulge his sources to the U.S. agencies, according to the treatment (among them a Commissar in the Lithuanian Army and a Colonel in the Russian KGB who “chose Keith as his pipeline for information to the west.”). Id. at 000015. As a result of this refusal to cooperate, the treatment speculates, the FBI “set up” Idema, causing him to be thrown in jail for wire fraud. At this point, Idema began working with a producer of “Connie Chung Eye to Eye” and is still involved in trying to expose smuggling out of the former Soviet Union. See id. at 000016. The treatment concludes with some details of the alleged FBI “plot” to frame Idema, his trial, and his conviction. See id. at 000017-000019. Loose Cannon on Target (SOF) — This article is more of the same, as it begins with a “heroic” description of Idema’s decision, at the age of 12 after seeing the movie “The Green Berets” starring John Wayne, to become a Special Forces Operative/Green Beret (to which end he allegedly turned down an acceptance to Harvard so as to enroll in the Army), his acquired expertise with weapons, and his “bad” attitude: e.g., “He’s quick to take offense, quick to blow his stack, quick to rant and rave.” Loose Cannon on Target (SOF) at . 000056. The article speculates that Ide-ma’s “attitude problem ... may be what has landed him in jail today.” a It then goes on to describe Idema’s alleged status in the “SpecOps community,” and his business which offers “significant services to that community ...,” but notes “what is all that compared to the fact that Idema has pissed off several FBI agents so badly that many would lie, cheat and steal — and feel good about it, to put him in jail?” Id. The article refers to a meeting between Idema and officials at the Pentagon, in 1992, during which Idema (apparently according to Idema himself, though the article gives no sources) reported on what he had personally observed in Russia and Lithuania during his tenure there training the new Lithuanian Army. Among the items upon which Idema allegedly reported were various factions of the KGB and/or Ommon which were reportedly involved with state-sponsored terrorism and working with the Abu Nidal and Hezbollah terrorist organizations. The article claims that a CIA officer present at the meeting asked how Idema got his hands on information that the CIA had been trying to get, and in response Ide-ma allegedly told them that he out-drank and out-shot the Lithuanians, and managed to impress them/earn their trust (a reference to a purported “shooting match” between Idema and the Lithuanians also briefly described in this published article, but more fully described in other of Plaintiffs’ works)— again, the article refers to Idema’s alleged friendship with a Commissar (akin to a General) of the Lithuanian Army (named Jorgo in the article, though the film treatment states this is a pseudonym). See id. Despite his “good intel,” however, the article says that Idema’s “bad attitude” got him in trouble, and the representative of the State Department warned Idema to stay out of the way: “We don’t want you here.” In response, Idema allegedly said ‘Who is this ‘we’ ... I’m a civilian and I’ll do whatever I want.” Id. at 000057. Reportedly, Idema then said to one of the Lithuanian commanders he brought with him to the meeting that he should not allow the State Department into Lithuania the next them it tried to come into the country. According to the article, some six weeks later a State Department representative was thrown out of Lithuania because “Keith had forgotten to tell Petras it was a joke.” Id. Idema reportedly went next to the FBI, but refused to give them a list of his Lithuanian/Russian contacts, to which they responded that he cooperate with them “the easy way, or the hard way.” Id. Despite his best efforts to cooperate with them, and to give them the information he later received about SAJDMs being smuggled out of Russia through Lithuania, his attitude and his refusal to give names allegedly led the FBI to set him up and to convince his present/former employees to help. This article ends with the FBI playing “hardball,” both with Idema and with his girlfriend, a woman named Dawn Glosson. Id. at 000059. Spiking a Loose Cannon (SOF) — Picking up where the prior article left off (the two articles were a “two-part series”), this second installment gives additional details on the alleged “frame job” performed on Idema by the FBI (and by his former employee, now competitor, Charlene Hembrick, and her cronies), on his love-and-hate relationship with girlfriend Dawn Glosson, and on the FBI’s unending mission to “get” Idema. The article describes what are clearly thought to be Idema’s heroic attempts to clear his own name, notwithstanding which he was convicted (at a second trial) and eventually sentenced to 20 years in prison, plus threatened with a sanity hearing. See id. at 000066. According to this account, Dawn Glosson was sentenced to 15 months. See id. At publication, Idema apparently was in federal prison. See id. The Vilnius Brief — This treatment covers much of the same ground as is covered by the three works already described. It starts out by saying there are two people who “claim to have proof that small atomic devices and the weapons grade uranium to activate them have made it out of Russia’s nuclear inventory and into the hands of Iraqi dictator, Saddam Hussein. They are a former U.S. Army Green Beret who still gathers intelligence for the U.S. military and a top official of the Lithuanian Criminal Police.” The Vilnius Brief at 000070. However, the film treatment goes on, “[t]he Lithuanian official is now afraid for his life and is considering moving to the United States. The Green Beret is in a North Carolina prison awaiting sentencing for a crime he says he did not commit.” Id. The treatment gives the background for the story, describing the development and purpose of the “backpack” nuclear weapons (SADMs) in the Russian/former Soviet Union army. According to the treatment, a single “typical SADM” is capable of “leveling a small city and leaving radiation contamination which would eventually kill tens of thousands.” Id. at 000071. Also as background, the author describes U.S. development of so-called “Black Operations” Special Forces teams in the late 1970s through the mid-1980s, engaged in covert missions in foreign lands, and speculates that Idema may have been involved in some of these. See id. at 000072. In the first part of the “current story,” the treatment describes Idema’s 1991 involvement in training the new Lithuanian Army, and his developing friendship with one Juozas Rimkevicius (apparently his real name), Senior Commissar of the Organized Crime section of the Lithuanian Criminal Police. Among the events investigated by Rim-kevicius was the 1991 murder of the Lithuanian border guards, believed to be the work of the Ommon (or OMON). See id. at 000073. Eventually, Rimkevi-cius was able to intercept four disassembled SADMs at the border with Russia. Relying on his friendship with Idema (cemented during a shooting match with the Lithuanians, described in detail), he accompanied Idema to the 1992 meeting at the Pentagon. From here the story is much the same as already described, ending in an FBI set-up of Idema, his trial, and his conviction. See id. at 000076-000080. Cool-Hand Keith (SOF) — This third Soldier of Fortune article by Morris is essentially a reprise and update of the first two. It starts by noting that Ide-ma remains in federal prison, where he is allegedly “enduring the fourth week of a 55-day hunger strike” protesting his confinement and the conditions thereof. See Cool-Hand Keith (SOF) at 000086. Echoing one of the themes of those works already described, the article notes that Idema “walked into a storm when he reported that Russian nuclear-smugglers, ex-and active-KGB types and hardcore Russian mafiosi had moles” in the ranks of the CIA/FBI. Id. The article reports that Idema had intelligence sources inside the KGB in Russia, and that he told Gary Scurka, “then a CBS producer,” about these concerns “before Aldrich Ames or Earl Pitts,” former CIA and FBI agents alleged to be KGB infiltrators, were arrested. Id. (emphasis in original). The author (Morris) speculates that Idema “could have walked at any time by giving the FBI his full cooperation. They wanted the names of his assets who knew the extent to which CIA and the FBI had been infected. Idema refused, believing that within the FBI lurked traitors who would get his people killed.” Id. The article opines that for this “crime” of refusing to give up the names of his sources in Russia and Lithuania, “Keith has sacrificed six years of his life, his marriage, and $400,000 of his family’s money battling bogus criminal charges in a valiant effort to save the FBI from its cancer within.” Id. The article also claims that Idema was the Special Forces soldier responsible for a US News & World Report story detailing North Korean, Iraqi, and Iranian receipt of Russian nuclear contraband, and that the companion “60 Minutes” story also relied on information supplied by Idema. However, the article claims that Idema was “stiffed” by CBS, as his name and biography were not included in the “60 Minutes” story, as Idema had hoped (he hoped the notoriety would help get him out of jail) for fear that “his imprisonment (albeit on trumped up charges) would destroy his credibility and muddy the waters of their true focus and interest: nuclear smuggling.” Id. at 000087. The story concludes by saying that despite the best efforts of the FBI to “break” him, Idema remains resolute: “No doubt about it, Keith is a hardass, but a true patriot, a man of courage and inviolable honor.” Id. The article speculates about the validity of some of the evidence used to convict him, and in its concluding passages says: “If Keith is right, Saddam Hussein has six backpack nukes, each of which would easily fit in a bus terminal locker in any major city and pulverize 50 city blocks. The North Koreans have another six.” Id. Any Lesser Man (film) — This final example of the “non-fiction” versions of Idema’s Story purports to tell the “true story” of a Green Beret (Idema), “a young man full of hope, patriotism and ambition.” Any Lesser Man (film) at 000091. It outlines the story of Idema’s discovery of information on nuclear smuggling, his attempts to bring this information to the U.S., his refusal to give up name(s) of his contacts to the FBI, and his conviction for a crime he allegedly did not commit. See id. The treatment focuses on Idema’s struggle to prove his own innocence, his quest to expose nuclear smuggling, and his strong suspicions about KGB infiltration of the FBI and/or CIA. See id. at 000091-000099. Red Bull Rising — The final piece of the assembled works which Plaintiffs collectively call “Idema’s Story,” this novel penned by Plaintiff Idema is in a rough draft form. Only five of the projected twenty-seven chapters are in anything approaching a “completed” form, and even these are interspersed with various acknowledgments of the need to flesh out their text. The text is fronted by an “Inside Cover” prologue, a “Hype” page, and a long Acknowledgments section. See Red Bull Rising (Exhibit 24) at 000006-000013. Before launching into a description of the text of the novel, these introductory sections bear some treatment. Inside Cover: This proposed prologue states that the novel “has been published as a work of fiction” but is actually “the true story of the governments [sic] inept handling and outrageous cover-up of events that endanger the lives of all Americans.” It continues by claiming that “[m]ost of what you will read is true, especially in regard to the criminal conduct of the FBI, CIA, and Soviet/Russian nuclear smuggling.” The prologue admits that the missions of the U.S. military and/or Department of Defense that are described in the novel are fictional, though the missions, and/or the groups which perform them, are similar to real life. “Keith Idema remains total- • ly loyal to the U.S. Military and it’s [sic] dark special operations community.... On the other hand, his expose [sic] of names, organizations and motives inside the FBI, DOJ and CIA, may help bring their evil organizations one step closer to ruin ...” Id. at 000006. “Hype” Page: This page begins with a definition of SADMs, as “manportable backpack nuclear weapons.” Id. at 000007. “[T]he Soviets had them, the Americans had them. Now they were on the way to Saddam Hussein, his ... allies, and North Korea.” Id. “Someone powerful was behind it, but who? And why?” The page then lists five “plot points” to follow: “... A Lithuanian Commissar tried to stop them; his government fired him.... An American Green Beret tried to catch them; his government jailed him.... His wife wouldn’t help them; her government destroyed her in prison.... A CBS producer tried to expose them; his government blackballed him.... A Russian Colonel tried to doublecross them; his government killed him.” Id. Acknoivledgments: After describing his colleagues’ (including co-Plaintiffs Gary Scurka and Jim Morris) advice to put aside a prior novel called “At What Price Justice” (focused on a “system of injustice” passing as the American justice system), Idema goes on to describe how the present book was largely written at the insistence of his friends, and his wife, Dawn Glosson. He then describes the “difficult” decision to write the book as fiction rather than non-fiction. See id. at 000008-000009. He credits some of his heroes and mentors, and explains why he wrote the book in the third, rather than first, person. See id. at 000010-000011. He then declares that despite the fictional tone of the story, “almost all of it is based on fact ...” Id. at 000012. After describing a proposed non-fiction collaboration with Gary Scurka to “complete” the story, this section concludes: “By the end of this book I hope to save the world, kill all the bad guys, disarm the bobby [sic] traps, escape in the nick of time, and get the girl. In the nonfiction version, I’ll be happy just to hold on to the girl, but I don’t there either.” Id. at 000013. Chapter One: The text opens in Fay-etteville, North Carolina on August 18, 1991, where Idema is getting ready to take a flight to Moscow (and then to Crimea). He is at his home. His then-girlfriend, Dawn, comes out of the shower and they begin to make love. Idema flashes back to how he met Dawn, in a bar where he was looking for his ex-girlfriend who had left him for a biker. During that search, Idema got into a bar brawl with several more bikers (from which Idema emerged victorious and unscathed) before he found the guy who had taken his girlfriend and also beat him up. The flashback ends with Idema and Dawn still beginning to make love, but Idema has to go. See id. at 000014-000031. The scene shifts to DIA headquarters in Washington, D.C., on the same day in August, 1991, where there is a discussion of a reported rumor that a Soviet coup against Gorbachev and Yeltsin is about to occur. The discussion includes a reference to one “SOF type” who will be on the ground there (it is clear that it is Idema from the reference to his flight), and they agree to keep him as “an option.” This is followed by a still unwritten section, in which Idema has plans to “lay out the story” of the attempted coup in Moscow on August 21, 1991. See id. at 000034. The final section of this first chapter is a flashback to Idema as a twelve year old boy in Poughkeepsie, New York in May, 1968, where he and his father go to a local theater to see the movie “The Green Berets,” starring John Wayne. After the movie, Idema tells his father that he wants to be a Green Beret. Then, several years later, Idema joins the Army and begins training under Colonel “Chargin’ Charlie” Beckwith, who was the model for John Wayne’s character in the film, according to Ide-ma. Robin Moore is the author of the book upon which it was based. Wayne, Beckwith, and Moore become role models for Idema, and he meets all of them personally. Beckwith saves Idema from himself (his “attitude”) on several occasions. See id. at 000034-000051. Chapter One (again) At' Smoke Bomb Hill, in Fort Bragg, North Carolina, on September 12, 1976, Sergeant Tolliver and an unnamed man in a Hawaiian shirt (presumably Idema) discuss the real possibility that the special school for Green Berets at Fort Bragg may be disbanded. In an author narrative, some of the training of Green Berets is described, including “Goat Lab” where Green Berets must operate on and revive a goat that has been shot repeatedly. The two men discuss a meeting that is planned to discuss continuing operations outside of the official channels since the Army may disband the Green Beret unit. Both men agree to attend the clandestine meeting. See id. at 000051-000057. The scene shifts to Special Forces Headquarters in Managua, Nicaragua on September 21, 1978. The man in the Hawaiian shirt arrives (he is a “HwaR-ang Do warrior”). He is met by several Special Forces soldiers who engage him in a mock battle, and then welcome him. The man in the Hawaiian shirt asks for a Michael Echanis, founder of the classified HwaRang Do warrior school he ran on Smoke Bomb Hill until it was disbanded. He was killed, however, and his body never found. See id. at 000057-000065. The next scene takes place in Coral Gables, Florida on July 12, 1982, where an assassination is carried off by a sniper and his spotter. As they are packing up, they agree that they do not want to do this kind of work anymore. This particular hit took place on American soil, and it seems to be at the direction of some unnamed U.S. government agency. The shooter notes that he has kept copies of all his target folders for the last fourteen months in case he needs them as leverage to convince the agency to let him quit doing this work. See id. at 000065-000069. In San Salvador, El Salvador, on February 12, 1983, at the U.S. Embassy, the man in the Hawaiian shirt arrives and asks to see Colonel Boyington of Mil-Group. The two men greet warmly, the Colonel assumes he is there to work for him, but the man in the Hawaiian shirt says he is just on vacation. He does ask to borrow several weapons. Boyington gives him the weapons, but directs his officers to track him. See id. at 000069-000073. In Tegucigalpa, Honduras, on May 23, 1984, the man in the Hawaiian shirt checks into a Ramada hotel, orders some drinks* and goes to his room to assemble sniper weapons. The scene then shifts to Morazon Province in El Salvador, on March 15, 1985, and the man in the Hawaiian shirt arrives in the midst of a Special Forces war with the communists. Several more Special Forces men are also scheduled to arrive. Next, the scene shifts to Bangkok, Thailand, on November 20, 1985, where the man in the Hawaiian shirt meets General Alexander Haig and his aide on a flight to Bangkok. Upon arrival, Thailand customs officials discover the weapons in the man in the Hawaiian shirt’s luggage. He responds by offering gifts and Special Forces gear to the officials, and they become friendly. They let him enter, armed. During these descriptions, the author interjects some narrative about how the U.S. government removed the Special Forces from Thailand for some time, but then renewed their involvement when Reagan was elected President, and also a discussion of twin brothers, Bob and Sam Colflesh, who were legends in Special Forces, who played what is described as an instrumental role in reestablishing official ties with the Thai Special Warfare Command. See id. at 000073-000085. Chapter Tivo: In Moscow, Russia, in February, 1991, Colonel Vladimir Tro-zenko of Soviet military intelligence (the “GRU”) leaves the Kremlin on the way to a meeting at KGB headquarters. This is followed by a narrative of the history of the KGB and its leader, Feliks Dzerzhinsky. At KGB headquarters, Trozenko meets with General Viktor Greshkov of the KGB. They discuss a joint KGB-GRU secret operation (“MU-ZURKA”). See id. at 000086-000090. The scene shifts to Beirut, in March, 1991, where “world class terrorist” Amal Jaman enters a café and meets with a man whose name is not given. Jaman and his associate discuss that they will soon have the means to even the odds of their terrorist forces against the Jews in their homeland(s). Jaman informs his associate that their comrades in Moscow have given their blessing and money is coming from their “brothers” in Iran and Iraq. The OMON, a Soviet state-sponsored terrorist group, will also ensure their safe escort. Jaman tells the associate that his Russian contact will be Major Vladimir Bakayev. He also mentions that they will be “working with” a man named Selvi, who is some kind of advanced military weapons expert. See id. at 000091-00093. In Langley, Virginia, at CIA headquarters, in April, 1991, a Middle East analyst named David Cole meets with his superior, a man named Sinclair, to discuss the recent activity and movement of Amal Jaman. Cole reports that Jaman has been traveling all over the Middle East and to Moscow and Vilnius, Lithuania. Cole requests a team to track Jaman’s movements, but Sinclair is not interested and turns him away. See id. at 000094-000098. Meanwhile, in Vilnius, Lithuania in May, 1991, we meet the commander of Lithuania’s National Bureau Office of Interpol, a Commissar Jouzas Rimkevi-cius. We are told that he created the office after Lithuania’s break from Russia and independence in 1991. Rimkevi-cius meets with female Major Erika Trakemiente and discusses border skirmishes with the Russians (there is also a bit of commentary on Trakimiente’s “sumptuous” body, and at the end of the meeting she is quite flirtatious with Rimkevicius). Rimkevicius suspects that Lithuanians involved with OMON may be behind the skirmishes; he gives Trakemiente all the files on OMON members operating in Lithuania. See id. at 000099-000102. In June, 1991, a meeting at KGB headquarters in Moscow is held between Trozenko of the GRU and Greshkov of the KGB, along with others. They discuss officers selected to participate in the special operation they have planned. Greshkov says Bakayev, a GRU Major, has been transferred to KGB Alpha Group and will be in operational control. Bakayev reportedly has experience with the OMON in Vilnius, Lithuania, and with Middle East terrorists and the Russian mafia (the “Volstoi”). Greshkov says that a man named Boleslav Maku-tynovich, Commander of the Vilnius OMON, will also be part of the operation, but will be told they are only transporting rifles and rockets. Greshkov says that Metin Selvi will handle the logistics and the transfers, and will follow the shipment(s) to the final destination(s). Selvi believes this is a black market sale, and the Russian mafia’s involvement will reinforce that belief; Selvi has solid mafia contacts. At the meeting, there is also a discussion of the rise of Russian mafia organizations in the crumbling Soviet Union, and the possibility of the KGB using the mafia for its own purposes. They agree it is now up to the KGB to stem the tide of Moslem fundamentalism and unrest within the Soviet Union. The goal of this operation is to turn all of Islam against the U.S., and to make Moslems loyal to the Soviet Union. The benefits will be both power and money. This will help preserve the Soviet Union from the threat of Moslem fundamentalism in the various Moslem republics, while also garnering needed currency. See id. at 000103-000112. Back in Fort Bragg, North Carolina, on July 1, 1991, Idema goes into a bar, where he meets with a CIA agent who tells him that he is to go to Poland, Russia, and Lithuania (particularly Vilnius) for a potential operation. See id. at 000112-000118. Three days later, on July 4, 1991, in Vilnius, Lithuania, Major Bakayev (now the KGB Alpha Group leader) arrives at the OMON base outside of Vilnius. He is tracked by hidden OMON sniper guards who discuss their desire for some action. Bakayev meets with the man in charge and they discuss the upcoming operation. OMON is to provide security for weapons transport to Latvia (across the Russian-Lithuanian border). This is followed by a narrative on the history and purpose of OMON. See id. at 000118-000126. Chapter Three: On August 6, 1987, in a “classified location” in northern Virginia, there is a discussion between two men named Darnel and Carter as to the various groups the CIA could use to conduct a covert operation. These include General Purpose Force (“GPF”), Delta Force, Intelligence Support Activity (“ISA”), and Foreign Operating Group (“FOG”). After their discussion, Carter telephones a man named Joe and asks for a team to conduct what he terms a “rescue” in the Caribbean. Instead of suggesting any of the discussed options, Joe suggests Idema. He is a civilian with a “perfect cover” and he is presently running a counter-terrorist school. Though Carter objects that he is a “loose cannon,” they apparently agree to use him. That same day, at “Counterr Group” in Red Hook, New York, a Colonel David Hines calls Idema at his training school and asks him to meet him at LaGuardia Airport in New York. At LaGuardia later that day, Joe and Command Sergeant Major Jake Ro-venko meet with Idema. Joe wants Ide-ma to go bring Prince Kaleiman Abadr Al-Duhameen, the crown prince of Kuwait, to the U.S. from the Bahamas. The Prince ran away from home with five or six hundred million dollars after attempting a coup. He is now involved with the PLO in an attempt to get even with his father. The Saudis and Kuwaitis both want the Prince. Everyone wants him dead, and the Prince knows it. Idema is to bring the Prince back to Washington, D.C., but the U.S. government has no involvement. Idema is given a contact in the Caribbean who owns a bar, an encrypted ring, and a briefcase with a photo of the Prince and other information. See id. at 000127-000149. Chapter Four: On July 31, 1991, at the Medininkai Border Post on the Belorussian Border, Corporal Siarnas is on the job. He is happy that Lithuania has gained its independence, but he knows that the OMON is still a threat. The OMON makes terrorist attacks on border outposts at night and is under the control of the KGB, a narrative reports. At 1:00 a.m., a limousine arrives and Siarnas asks the Russian driver to exit the vehicle and open the trunk. He does not notice the weapon that the driver has in his jacket pocket. See id. at 000150-000155. At about the same time (1:15 a.m.), in the Belorussian Soviet Socialist Republic, 21 kilometers from the Lithuanian Border, Bakayev’s operation force assembles. There is a narrative concerning who they are, their vehicles, and their armaments. Bakayev instructs the men on the operation. They will attempt to get through the border without a search, but if the border guards attempt to search, an assault plan will be executed. The group is ready for what they deem to be an honorable mission in defense of the Soviet way of life (the purported “purpose” of OMON). Two operatives discuss that there is a large amount of firepower on this mission just to make sure that a shipment of rifles makes it to the underground Soviet forces; they are interrupted by Bakayev. The narrative then moves through the next three to four hours of the operation, and covers the OMON operatives’ taking of positions around the border post, an initial inspection by the border guards which is followed by a decision to conduct a search of the convoy, and Bakayev giving the command to attack the border outpost. The border guards are outgunned. Corporal Siarnas is shot; five of the border guards are captured. Ba-kayev orders them killed, and they are shot in the back of the head. See id. at 000155-000201. Chapter Five: Flashback to February 3, 1977, at headquarters of the U.S. Army Special Warfare Command in Fort Bragg, North Carolina. A message is received by a Special Forces General in which Idema and another man are ordered transferred to a special weapons assignment regarding “Possible Red Bull Threat.” A team is to be deployed on March 15, 1977. See id. at 000202-000204. A Lt. Colonel Montel comes into the General’s office and informs him of a gunfight between U.S. Special Forces and KGB agents the night before in Berlin, Germany. The U.S. forces apparently got the better of the firelight, and found documents on the dead KGB agents, radio messages, notes, and electronic equipment, but “our boys haven’t been in touch with anyone since.” Id. at 000206. The General arranges to be flown to Germany immediately to get answers. See id. at 000202-000207. The scene then shifts to the headquarters of the Tenth Special Forces Group in Fort Devens, Massachusetts the next day, February 4, 1977, where six Green Berets discuss the beginning of a Special Weapons course it is rumored they will be taking. The course, according to Specialist Idema, will pertain to “SADMs,” which are “mini backpack nukes, designed to be carried in by an SF ... ” Id. at 000209. They are met by a man named Fair-child, who informs the Green Berets that he is now their new boss (he is described as looking “like a nerd from Radio Shack,” the obvious implication being this is the end of the Green Berets). In the briefing room, they are also met by another Special Forces operative named McCabe. There is no “ending” to this chapter, as it cuts off suddenly with the phrase “TO BE CONTINUED ...” See id. at 000208-000211. This is the end of the novel, but not the end of Idema’s text. Character List: Following the text is a list of thirteen characters that have been or will be revealed in Red Bull Rising, each of which is given a one to two paragraph description. The characters described are: (1) Idema,