update 4/16: Both a commenter here and also P.Z. Myers have reported that Expelled filmmakers Premise filed on Monday a DJ (“declaratory judgment”) motion on XVIVO‘s copyright claims against them — i.e., asked a judge to look at the evidence & say that they are not infringing. Premise v. XVIVO, N.D. Tex., 4/14/2008.
Also via that same post @ pharyngula, Sarah S @ ERV reports that they copied not just the XVIVO video but other sources as well. Quel surprise.
Thoughts on reading the complaint below the fold: