Case dismissed! Discovery and Tardigrade game "not similar"

[carlosp]

Is it possible that during or after the Judge's Mandatory Pretrial Conference, the case could be dismissed?
Or would it still have to go through the formality of being in the courtroom?
And what would happen if Abdin's lawyers don't respond in time?

Technically, the judge wouldn't formally dismiss the case during the pre-motion conference. She'd get to ask attorneys about their rationale, and she might strongly indicate whether proceeding to filing a motion to dismiss would be advisable. If a dismissal motion were to be filed, the judge might not hold any kind of hearing; she might instead simply issue a written ruling. Holding a formal courtroom hearing on top of the motion is up to the judge; it's not a requirement.

If Abdin's lawyers fail to file their answer to the defendants' pre-motion letter by the stated deadline, the defense could file for a default judgment against Abdin. In many cases, professional courtesy often grants opposing counsel some grace before moving for a default judgment. However, filing late likely wouldn't positively dispose the judge toward the plaintiff if the case were to move forward.

 

[DaveyNY]

Technically, the judge wouldn't formally dismiss the case during the pre-motion conference. She'd get to ask attorneys about their rationale, and she might strongly indicate whether proceeding to filing a motion to dismiss would be advisable. If a dismissal motion were to be filed, the judge might not hold any kind of hearing; she might instead simply issue a written ruling. Holding a formal courtroom hearing on top of the motion is up to the judge; it's not a requirement.

If Abdin's lawyers fail to file their answer to the defendants' pre-motion letter by the stated deadline, the defense could file for a default judgment against Abdin. In many cases, professional courtesy often grants opposing counsel some grace before moving for a default judgment. However, filing late likely wouldn't positively dispose the judge toward the plaintiff as the case were to move forward.

Ah. interesting.
Thanks for the info.

 

[carlosp]

On AxaMonitor: Breaking Down the Case for Dismissing the Tardigrades Suit
CBS Lawyer Details Fundamental Flaws in Copyright Infringement Case Against Star Trek: Discovery
The legal analysis behind CBS' call to dismiss game developer Anas Abdin's copyright infringement claims against CBS and Netflix. Read more »

 

[Grendelsbayne]

Wait, he was claiming 'uniforms delineating rank' were an infringement, too? And that Discovery's uniforms were a 'complete departure' from previous Trek costumes?

I hadn't even heard about that one. Idiot's lucky all of this is total bs, or CBS would be fully within their rights to sue him for ripping off the uniforms from Enterprise.

 

[Krandor]

Abdin's lawyers filed their response.

My favorite parts
- This passes the test of "an impartial observer would think they are similar" because of comments on youtube
- "It was as if the plaintiff's work was used as a storyboard for star trek discovery"
- the information on the same was was viewed by hundreds of thousands of people (?)

 

[DaveyNY]

Link???
And how do you find these?
My GOOGLE-Fu apparently suks today.

 

[Krandor]

Link???
And how do you find these?
My GOOGLE-Fu apparently suks today.

I can post a link in a bit.

All court documents are posted on pacer. Have to have an account to access them.

 

[Krandor]

Link???
And how do you find these?
My GOOGLE-Fu apparently suks today.

https://www.scribd.com/document/395087984/Abdin-v-CBS-Broadcasting-Inc-Et-Al-Nysdce-18-07543-0039-0

 

[DaveyNY]

I can post a link in a bit.

All court documents are posted on pacer. Have to have an account to access them.

https://www.scribd.com/document/395087984/Abdin-v-CBS-Broadcasting-Inc-Et-Al-Nysdce-18-07543-0039-0

AH, I see.
OK, well then, thank you very much for making these available here in the forums.

 

[Krandor]

AH, I see.
OK, well then, thank you very much for making these available here in the forums.

NP. I'm one of those people who would rather read the actual documents then only hearing what the media or the less-then-media like ME or DC say. Easier and better to go to the source since they are all public documents.

 

[publiusr]

I object strenuously to mentioning the Marx Bros. and the Stooges in the same breath.

Now now, I can see Groucho bouncing lines off Moe, Chiko and Larry cutting up--and Harpo and Curly for the win.

 

[Rahul]

https://www.scribd.com/document/395005714/Abdin-v-CBS-Broadcasting-Inc-Et-Al-Nysdce-18-07543-0034-0

I see CBS fails to aknowledge that the Tardigrade is used as the means for space-travel.

THAT'S the suspicious part. Not that they use Tardigrade. Not even that they enlarged them to the same size, and have the same visual changes from the original. No, it's that they are used the same way.

That's IMO the main case. That's the one thing, where it actually looks like CBS stole his idea. Everything else is rather generic.

Like for example this: Yes. It's totally generic. The ONLY thing noteworthy really is that they have a similar sized, similar looking Tardigrade doing the very same, very fuckingstrange and unique thing.

And CBS' letter just didn't even mention it.

For me, it looks like they try to drown out this little fact (which is very specific to the sci-fi tropes), and overwhelm the court with the other, generic similarities. Which TBH just actually might work: If the judge isn't particularly deep into sci-fi, he just might see the enlarged tardigrade, and shrug it off.

Abdin's lawyers filed their response.

My favorite parts
- This passes the test of "an impartial observer would think they are similar" because of comments on youtube
- "It was as if the plaintiff's work was used as a storyboard for star trek discovery"
- the information on the same was was viewed by hundreds of thousands of people (?)

- "It was as if the plaintiff's work was used as a storyboard for star trek discovery"

This is actually the one thing I can totally see having happened.

It just stands to question, wether a 3 meters tall, blue Tardigrade that is FTL-capable is actually copyright-protected, or if that's too "nerdy" for the courts.

 

[Rahul]

https://www.scribd.com/document/395005714/Abdin-v-CBS-Broadcasting-Inc-Et-Al-Nysdce-18-07543-0034-0

My main take-away from CBS' lawyers letter is actually that

1. The lawyers gave a much more concise, precise and focused description of the events happening in "Discovery" than the writers ever managed to put on screen, and
   
2. They think Discovery is "generic" up to the point that not a single thing happening in it is actually worth any copyright-protection. Not even a giant, FTL-capable Tardigrade.

I... don't know what to make of that. Other than having a big laugh at Discovery season 1's expense, and cheering to the poor guy, because CBS totally DID steal his ideas, but they WILL get away with it, no chance in hell he sees any reimbursements at this point...

 

[DaveyNY]

... or two Individuals came up with the same Tardigrade idea independently.

If Abdin can't sufficiantly prove to the court that someone working at CBS saw his work, then it's a moot point.

And as far as I could tell, before all this hit the fan, his stuff was fairly obscure.
I tried looking it up on STEAM when I first heard about it and it took me quite a bit of searching to find it.
(and I've been using STEAM for over a decade now and I even typed in Tardigrade without results)

I don't doubt that it's slightly possible that someone working on DISCOVERY came across Abdin's stuff, but it's going to be a bitch to prove it without a doubt.

 

[fireproof78]

... or two Individuals came up with the same Tardigrade idea independently.

If Abdin can't sufficiantly prove to the court that someone working at CBS saw his work, then it's a moot point.

And as far as I could tell, before all this hit the fan, his stuff was fairly obscure.
I tried looking it up on STEAM when I first heard about it and it took me quite a bit of searching to find it.
(and I've been using STEAM for over a decade now and I even typed in Tardigrade without results)

I don't doubt that it's slightly possible that someone working on DISCOVERY came across Abdin's stuff, but it's going to be a bitch to prove it without a doubt.

Random fact from history-the idea of a Denis the Menace comic strip was thought up of by two separate, independent people, one in the US and the other in the UK. Both continue to run today. It happens more often that we would like to think.

Regardless, this whole thing is just another excuse to bang on Discovery because CBS is evil.

 

[carlosp]

Pre-motion conference over dismissing the Tardigrades copyright infringement lawsuit against CBS & Netflix re: StarsTrek: Discovery will be Dec 18, 11am in New York. Judge Lorna Schofield was just assigned to the case this past week, replacing the original judge. Here are the arguments she'll hear.

 

[carlosp]

I see CBS fails to aknowledge that the Tardigrade is used as the means for space-travel.

THAT'S the suspicious part. Not that they use Tardigrade. Not even that they enlarged them to the same size, and have the same visual changes from the original. No, it's that they are used the same way.

That's IMO the main case. That's the one thing, where it actually looks like CBS stole his idea. Everything else is rather generic.



Like for example this: Yes. It's totally generic. The ONLY thing noteworthy really is that they have a similar sized, similar looking Tardigrade doing the very same, very fuckingstrange and unique thing.

And CBS' letter just didn't even mention it.

For me, it looks like they try to drown out this little fact (which is very specific to the sci-fi tropes), and overwhelm the court with the other, generic similarities. Which TBH just actually might work: If the judge isn't particularly deep into sci-fi, he just might see the enlarged tardigrade, and shrug it off.





This is actually the one thing I can totally see having happened.

It just stands to question, wether a 3 meters tall, blue Tardigrade that is FTL-capable is actually copyright-protected, or if that's too "nerdy" for the courts.

The very description you use, "a similar sized, similar looking Tardigrade doing the very same, very fucking strange and unique thing," is an idea (not to mention DSC's Tardigrade isn't blue, it's brown, sometimes illuminated in blue light, as is nearly everything in science fiction); you can't copyright an idea, only the very specific expression of an idea. The two tardigrades are different expressions of the same idea.

Just like Trek couldn't copyright the concept of warp drive; warping space in order to move faster than light is a very specific idea, but that idea is not protected by copyright. Lots of other science fiction use the idea of warp drive; Star Trek can't sue them, either.

 

[Mudd]

...sometimes illuminated in blue light, as is nearly everything in science fiction.

So sad and so true.

 

[Tuskin38]

because CBS totally DID steal his ideas,

No they didn't.

Also Re: The Tardigrade's size. The original concept for it was to be a crew member on the ship, which means they would have enlarged it either way. It's just a coincidence.

 

[CorporalCaptain]

Other than having a big laugh at Discovery season 1's expense, and cheering to the poor guy, because CBS totally DID steal his ideas, but they WILL get away with it, no chance in hell he sees any reimbursements at this point...

Conspiracy theories are the best theories, eh?