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OCR: The present case illustrates the importance of the Ninth Circutt's rule Although prominent musicologists. to his former bard, music critics, and even petitioner own expert recognized substantial similarity between "Jungle' and "O1d Man the outcome t0 the case was nevertheless uncertain from the start Moreover, the verdict in the case ultimately pouer juds petitioner professional entertainer could te expected to be fomidable witness trial 22 Recognizing those uncertainties, and already bearing rights ust make that decision at the ourset of the action and based on known standard They cannot make intelligent decisi ion: they are required to speculate whether court will conclude, after the fact PIBME might have had sotme chilling effect the plaintiff, that such AT award might have such an effe ...