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Case dismissed! Discovery and Tardigrade game "not similar"

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First, asking for more time is not a red flag or an indication this is going to court. CBS/Netflix likely want more time to torpedo this guys arguments. I don't see them filing a borderplate answer. They could also file several more motilons at the same time. In a previous case, when CBS got sued for copyright by a photophraer,. they went through this guys social media and found a picture he posted from gunsmoke many years previous and filed a countersuit against him.

So I'm expecting a detailed filing destroying this case, a motion to dismiss at a minimum, and likely a countersuit. All that takes time to put together.

Second, the case from this guy is really really weak and he has gone out of his way to distort things on what he has presented to the public to make his case look a lot stronger then it is.
 
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bolak said:
Specifically in the context of enabling FTL travel? That's a pretty remarkable coincidence, particularly since they weren't 'at the same time'. One preceded the other by three years.

Bear in mind modern Trek has precedcence for this, such as lifting the plot for 'Clues' directly from Red Dwarf.

I'm not picking sides though, that's the judge's job.

CBS is a corporation, it exists to extract money from us. There are other entities that exist to extract money from CBS to defend it. Let them feed off each other, there's no reason to defend CBS for free.
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There's no reason to defend this guy for free either. Though from the behavior of certain people, one would certainly think someone here is apparently getting paid to attack CBS.

And according to bts people at DSC, their tardigrade didn't even start as enabling FTL travel - it was envisioned as a full time crewmember and only became a drive part when they realized they couldn't make the budget work for a Tardigrade on the bridge every episode. If CBS has dated notes showing this process, that pretty much shreds the only charge this guy had that was even remotely creible.
 
Rahul said:
No matter how this develops: GOSSIP! :biggrin:
Something to entertain us until new Star Trek content drops! Yay.

(On a side-note: The fact that the lawsuit wasn't immediately dismissed proves there is at least a case to be heard. I'm betting hard on "settle out of court" - the only question being, depending on how "solid" the presented material actually is, is wether it's "barely-enough-to-cover-his-legal-costs", or if he's actually going to get a little money and a press release out of it)
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There hasn't been a MTD filed yet because the Plaintiff's attorneys MISFILED the case initially and it took them over a month to meet the requirements TO file and get CBS served. No case is dismissed out of hand. One side has to file a MTD for a Judge to consider it.

That said, I agree with you in that in a situation like this, once the MTD is ruled on, CBS (and any entertainment corporation) will weigh the cost of going to court - including the time staff would need to take away from production <--- which costs a lot of money in itself - and most likely offer a settlement to just make this all go away. Depending on what the Judge rules and what issues remain after the MTD will guide CBS decision on whether to offer a settlement; and if they do, just how much they're willing to spend.
 
They put up with Alec Peters for what, a year, year and a half? I see them more interested in squashing this firmly and properly than opening up the door for little settlements and keep getting sued.
 
I don't know. We used to get letters like this at Tor periodically.

"Your new book is about a princess who tames a dragon. I once wrote a book about a princess and dragon. Pay up or I'll sue!"

And then there was the guy who claimed to have written "Moby-Dick" first!

(I swear to God, I'm not making that up.)

The point being, the Big Corporation should not be automatically assumed to be at fault. Sometimes nuisance lawsuits are just . . . nuisances.
 
Greg Cox said:
I don't know. We used to get letters like this at Tor periodically.

"Your new book is about a princess who tames a dragon. I once wrote a book about a princess and dragon. Pay up or I'll sue!"

And then there was the guy who claimed to have written "Moby-Dick" first!

(I swear to God, I'm not making that up.)

The point being, the Big Corporation should not be automatically assumed to be at fault. Sometimes nuisance lawsuits are just . . . nuisances.
Click to expand...

The facts on this one just don't bear up under scrutiny. All he really has is the tardigrade. All the "similar characters" really arn't similar but he has presented them in a way where it looks like it and that is enough for doomidiot and others to run with it.
 
Greg Cox said:
I don't know. We used to get letters like this at Tor periodically.

"Your new book is about a princess who tames a dragon. I once wrote a book about a princess and dragon. Pay up or I'll sue!"

And then there was the guy who claimed to have written "Moby-Dick" first!

(I swear to God, I'm not making that up.)

The point being, the Big Corporation should not be automatically assumed to be at fault. Sometimes nuisance lawsuits are just . . . nuisances.
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Heh...
Perhaps it was a typo in that persons letter and he meant to type ... "Moby's Dick"
:guffaw:
 
DaveyNY said:
Heh...
Perhaps it was a typo in that persons letter and he meant to type ... "Moby's Dick"
:guffaw:
Click to expand...

Believe it or not, he actually demanded royalties on all copies of "Moby-Dick" sold!

And then there was the annoying summer when no less than three movie novelizations got threatening letters just because the high-concept of the movies had been done before, often many times, even though the would-be litigants were convinced that nobody else could ever come up with, say, "what if the Tooth Fairy was evil?" on their own. :)
 
Looks at bank account... balance is still the same... why do I care?
 
Krandor said:
Yeah. it is more people who want the 60s star trek show back on the air.
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I don't think there are too many people who want the original show back on the air. That ship sailed back in the late-70's. Even most people who don't like Discovery, really don't care about the lawsuit.
 
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