AHRN is opposing that motion on several grounds, including the fact that there is no actual injury alleged by MRIS and that in fact, MRIS has not suffered and will not suffer any injury as a result of the alleged infringing activities, as well as the fact that the infringement claims are deficient because they do not allege, and cannot allege, the necessary elements to enable MRIS to prevail in this action. AHRN is also raising a defense of "misuse of copyright," on the grounds that MRIS, in concert with other MLS organizations nationwide, as well as their national organization, NAR, has engaged in activity amounting to a horizontal boycott against AHRN in violation of state and federal anti-trust laws.
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