It's a win for Warner Bros.!
The studio was involved in a long-running case that alleged the producers of the film stole the script from writers Aaron and Matthew Benay.
Unfortunately for the little guys, the judge ruled in the studio's favor saying that they had not established sufficient "privity" showing that the studio had knowledge of the writers' screenplay.
The writers had allegedly used "forged" documents as evidence, which interestingly, they didn't present to the judge until after the case was revived.
Hmm, sneaky, sneaky!
Seems like the writing brothers are already planning to move on to bigger and better things as they have written the script for 1906 about the San Francisco earthquake.
We're keeping our fingers crossed this one's legit!
UPDATE: It ain't over till it's over! According to sources close to Aaron and Matthew Benay, the case with WB may be closed, but the war will rage on against director, writer, producer Ed Zwick and Marshall Herskovtiz, also a director and writer. Those are the guys the brothers specifically site as the thieves of their work and at this point, they're still duking things out.
Here's still rooting for the little guys!