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Oprah Wins Dismissal of Copyright Infringement Suit

A federal judge in Boston has thrown out a copyright infringement lawsuit filed by a woman who says daytime diva Oprah Winfrey stole her idea for a new reality show.

Winfrey argued that the court lacked jurisdiction over her. Judge Rya Zobel of the U.S. District Court for the District of Massachusetts apparently agreed because the judge issued an order dismissing the case. No opinion accompanied the order.

Plaintiff Darlene Tracy alleged that in February 2005 she conceived the idea for a reality show called "The Philanthropist," in which money is given to someone who must use it for an altruistic purpose.

Tracy said she wrote out the proposed format and contacted Ellen Rakieten, executive producer of Winfrey's talk show. According to the complaint, Rakieten had requested a copy of the format.

Tracy said she then spoke with Jennifer Thornton, a producer of the Oprah show, who asked for additional materials to review.

Tracy claims she sent a detailed business proposal to Thornton March 1, 2005, but did not hear back for several weeks.

The following June Thornton allegedly told her that Oprah's company, Harpo Productions, was not interested in "The Philanthropist."

Tracy said she asked Thornton for a "pass letter" stating that Harpo was not going to produce the program. Thornton allegedly responded that she would have Harpo's legal team send it immediately, but Tracy claims she never received a letter.

Winfrey announced on her show Nov. 30 that she was giving money to each audience member to do something philanthropic in their communities.

A Dec. 15 statement from Oprah's show and ABC announced a partnership to create a new television program based on the philanthropy theme with the working title "The Big Give."

Tracy filed a pro se complaint three days later in the U.S. District Court for the District of Massachusetts, seeking an injunction stopping Winfrey, Harpo and ABC Television from producing "The Big Give."

Tracy claimed she has records documenting her contacts with the Winfrey production team and proof of the authenticity of her allegedly infringed work.

Winfrey moved to dismiss the suit, asserting that Tracy failed to allege any facts that could confer the court's jurisdiction over Winfrey.

Tracy's complaint failed to allege any contacts that Winfrey had with Massachusetts or that she engaged in activities in the state, Winfrey said.

Tracy responded to the motion to dismiss with arguments about the nature of the intellectual property at issue, but with no arguments directed to Winfrey's jurisdictional challenge.

Judge Zobel granted Winfrey's motion without a written opinion explaining her reasoning. Tracy is seeking reconsideration of the ruling.