'The Good Wife' Season 5 Episode 11: Goliath and David Recap

The Good Wife

Goliath and David

The Good Wife picks up right where the previous episode left off, mid-conversation between Maryland and Alicia’s mother about Marilyn’s unborn child and her desire to name him after his father Peter. It’s too much of a coincidence to Eli. He takes her aside and all attempts by Marilyn to explain and quell his fears don’t help. Of course her reluctance to tell Eli who the real father is doesn’t help either. Their discussion is cut short when Alicia interrupts looking for the band the firm hired for the party.

When Alicia finds the band singers, with the lead member Robbie Kenton played by Matthew Lilliard, she expects to pay them and be done, but they have a legal matter they’d like to discuss. They play Alicia and Cary a music video, which Alicia instantly recognizes belongs to Rebel Cane, who was in prison with her husband. They then show them their music video of their cover of the Tricky-Trick song. Their cover is entirely on the up and up, but then he shows them a third music video of ‘Drama Camp’ singing their version of Tricky-Trick. They believe that Drama Camp stole their song, though Cary points out that they’re just singing Rebel Cane’s song. They have no money to pay, but hope they’ll take their case under contingency. When they hear the Drama Camp song is worth 2.3 million dollars, it piques their interest.

The next day at Lockhart-Gardner, Earl Preston storms in looking for Alicia, thinking she still works there. He’s being sued by her again. The receptionist tries to grab Will from a partner meeting. They’re arguing about Will’s desire to expand to LA now and Diane doesn’t like that he didn’t consult any of them about it. She preempts him and calls a vote to but a ban on hiring for two months and thwarts Will’s plans to expand further.

Will steps out to speak to Earl Preston. He’s the lawyer representing Drama Camp is informed that Alicia started her new firm, but this might be serendipitous for Will. He wants to expand to LA and in front of him sits an LA lawyer. He offers a partnership, he knows how Alicia works and can beat her.

Eli brings Kalinda in to investigate Marilyn. She won’t do it for Peter, but Eli convinces her that the case is for Alicia, to protect her, just in case Peter is indeed the father. It appears Kalinda is still Alicia’s friend and takes it.

Alicia and Cary speak with the band’s manager to get the compulsory license and the derivative copyright paperwork, but he doesn’t have the derivative copyright. They need to figure out how to get it, so Alicia takes the band to meet with Rebel Cane. She drops the governors name and Rebel Cane is more than happy to oblige.

Will and Earl meet at Florrick-Agos’ offices, but it’s a surprise to Alicia that Will is co-counsel on the case. They think Will’s going to negotiate, but ambush them. They also have derivative rights from Rebel Cane and are suing the Band for copyright. Looks like they’re going to court.

Damian and Will plan their next move for expansion, they just need one vote to turn to their side and one abstention. Seems easy enough. Damian is also concerned with Kalinda. Will says there is nothing to worry about. Damian agrees, but if she does find something they’ll need to have a talk. It appears there is something to worry about.

In court the two sides make their arguments. Alicia puts Mr. Kenton on the stand first and while trying to ask her first question Will continues to object, throwing off her rhythm. Alicia forgets her line of questioning, which is just trying to figure out the point of conception of their version of the song. Alicia realizes Will is playing her with intimate knowledge of her first court trial where objections threw off her rhythm. She realizes she needs a new tact. While Will questions the creator of Drama Camp, Alicia enters wearing the exact same sexy outfit she was wearing when they first made love. It also works, but the creator makes his point that they likely came to the same idea and way to cover the same song at the same time. Cary plays both videos together and it’s clear that the songs are exactly the same.

Kalinda waits for a doctor with none other than Marilyn. She does her investigative thing, prying and trying to figure out who the father is. The only information she gets is that Marilyn sees the father everyday, but that’s it because Kalinda’s new girlfriend and Damian’s friend Jenna intrudes. Kalinda doesn’t hide her anger. Her job is her top priority. Jenna just wants another date, if she says she’s sorry, she’ll get it.

Will and Earl can’t agree on who should question Mr. Robbie Kenton. Earl wins out. It turns out that Mr. Kenton was on the same lot that Drama Camp shoots and records the music. It’s a stretch and they all know it, but the Judge is ready to rule. Drama Camp properly obtained the derivative copyright for Robbie Kenton’s cover of Tricky-Trick, but there is no illegality of the theft of the song because his song was an unauthorized derivative art work. It’s a big blow for Alicia and Cary.

Naked in bed, Kalinda continues her investigation online when she finds photos of an High School Reunion Marilyn recently attended posing with an old flame. She’s not alone though. Jenna is in bed next to her. She gets a call but lies about who’s on the phone.

The Band with Alicia and Cary discuss their next move. Cary has an idea, they satirized the rap song and that means it’s a transformative art work and an automatic copyright was applied the moment he recorded it making Drama Camp’s cover a real theft.

The Partners meet again to vote, but Diane reads the writing on the wall, Will is cooking the vote. She removes enough people from the room so that they don’t have a quorum and can’t vote.

Kalinda tracks down Marilyn’s old flame from the photo. The date of the reunion matches the date of conception and this Peter might be the father. He wishes it was, but he’s not. He’s married, besides in the middle of the dinner, Marilyn got a phone call to go to Springfield to work.

Alicia’s next witness is an expert musicologist. He agrees with their assessment that it is satire. Will responds in kind with their own expert, but she disagrees and says it can’t be satire because the lyrics did not change, further the other expert is not well respected the field. With Rebel Cane on the stand now, Earl asks him what the point of the song was. Rebel testifies that his song is a satire itself and thus Mr. Kenton’s song can’t be transformative.

Kalinda reports to Eli on her findings. Marilyn was called away to Springfield to work. Turns out Peter was in Springfield that night. Kalinda went to the hotel where Marilyn was meeting with a Peter, but when she tried to look at the security tapes, they were missing. Eli has no choice, but to speak to Peter about the matter.

Alicia asks Robyn for help, it’s a hail mary, but they need some kind of public consensus that Kenton’s song is transformative.

Eli confronts Marilyn again about the baby again. He wants to know who she met with. She’s outraged that he investigated her, she won’t give up her babies privacy for the government office. Eli tells her that she needs to choose can’t she can’t keep the father’s identity hidden.

Kalinda is working late and it appear Damian is as well. He knows that she hates Katy Perry, something that she only told Jenna. As an investigator, privacy is key for her line of work.

Robyn scours the comment sections of the music video’s when she comes across the comment “what’s that sound at 1:23?” She turns up the volume and clearly hears it too.

Diana wants to know what is going on with Will. He seems to be off the rails, making decisions without any real thought. Will doesn’t see it that way. He is more focused on the firm than ever. They should take advantage of this clarity. Will reminds her that she’s the one that walked away, not him and maybe he really does have the best interest of the firm at heart. It works, Diane agrees to whatever he wants.

Eli gets a surprise phone call from Anne Stevens at the tribune. She wants a quote for her story. She has a video that he’d be interested in.

Robyn gathers everyone to hear what she found. It’s hard to hear, but it is definitely there on Drama Camp’s version of the song. Kenton hears it. Bowling pins. They recorded the song at their manager’s bowling alley and Drama Camp used their song in the background before they got the chance to re-record it.

Jenna pulls Kalinda over. She hasn’t returned any of her calls. That’s because Kalinda wants to cool it. She’s uncomfortable with how much she tells Damian. Jenna doesn’t like to pick between her girlfriends and her friends because its always her friends that stick around and come through.

Alicia plays their evidence for Will and Earl outside of court complete with matching sound waves. Will is ready to fight, but Alicia reminds him that they should check with their client. Earl takes the reigns and it’s clear Kenton won.

Eli meets with Stevens and she plays the video for him, the tip that came with it, “here’s evidence of Peter Florrick stealing an election, happy hunting.” It’s surveillance video from when they removed the balloting boxes at Zach Florrick’s polling place. Eli returns to his office where Marilyn wants him to meet the father of her child. Turns out that was nothing to worry about, now he has bigger fish to fry.

Tags: CBS Recap The Good Wife

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