It's called discussion and the sharing of ideas and opinions. Rahul is a passionate poster but they are fair and willing to discuss back and forth.
And using "troll" as a metaphor is just asking for trouble. Come on. Let's at least be civil.
Case dismissed! Discovery and Tardigrade game "not similar"
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And using "troll" as a metaphor is just asking for trouble. Come on. Let's at least be civil.
Even so, we don't call other posters trolls please. Use the Notify feature.
In this case, Rahul isn't trolling, he's disagreeing.
I don't know if you've been following the Tardigrades Game vs Discovery case. Do you have a take on the court's request for the creator of the game to evidence that CBS had access to it before the case proceeds further? Is this a normal above board request, or something, as Rahul attests, designed to shut out the little guy from justice?
If he shopped the case around it might be that his current lawyer is the only one who would take this case. It's not very strong and therefore not likely to be profitable for the attorney.
You have said you're not a lawyer and don't really know the law, yet you keep making statements like those above. You REALLY don't know the law or how the civil process works.
Plaintiff doesn't have to "prove it's likely you can win" in order to "start a case". Plaintiff is not required to prove anything in order to file a lawsuit, which is the way you "start" a case.
Plaintiffs need only file the Complaint and list allegations and state that you have been damaged by defendant's actions or inaction's. That's it, in terms of getting a case started.
BTW, proof beyond a reasonable doubt is the standard in criminal cases. In civil matters it is based on a preponderance of the evidence. It's an important difference.
You don't know anything about the law or the process and you're trying to apply your own version of "common sense". MANY times what seems perfectly reasonable or "common sense" does not apply to law or to legal processes.
Finally, you need to read the article at Axamonitor. It should straighten you out some.
http://axamonitor.com/doku.php?id=tardigrades_third_complaint
lso, you need to read that article posted at
They are basically grasping at straws now.
The one person they claim could have even seen Abdin's project on STEAM, wasn't even involved in the initial design stages of the show.
(in which all the 'similarities' were created)
Abdin didn't even have a coherent layout of his game until AFTER he started the lawsuit and applied for a copyright.
He basically had a whole bunch of ideas spread out over dozens of links in his STEAM account.
When the game was put up for voting in the now defunct STEAM program, more than half of his supposedly 'stolen' creative ideas/images weren't even included in that proposal.
At the time this first hit the internet, I went looking.
It took awhile but I managed to find his account and the game was, even at that point, a jumbled mess.
As I said in a previous post, it wasn't until he started having discussions with a somewhat negative part of the Trek fan base, that he started posting pics and details in a manner which could be considered more publically available.
Abdin got very bad "internetz" law advice as well as encouragement from folks who dislike DISCOVERY and he ran with it.
It's becoming pretty obvious through his lawyers actions in court, that they are essentially flinging chit toward a fan at this point, and hoping something sticks.
The one person they claim could have even seen Abdin's project on STEAM, wasn't even involved in the initial design stages of the show.
(in which all the 'similarities' were created)
Abdin didn't even have a coherent layout of his game until AFTER he started the lawsuit and applied for a copyright.
He basically had a whole bunch of ideas spread out over dozens of links in his STEAM account.
When the game was put up for voting in the now defunct STEAM program, more than half of his supposedly 'stolen' creative ideas/images weren't even included in that proposal.
At the time this first hit the internet, I went looking.
It took awhile but I managed to find his account and the game was, even at that point, a jumbled mess.
As I said in a previous post, it wasn't until he started having discussions with a somewhat negative part of the Trek fan base, that he started posting pics and details in a manner which could be considered more publically available.
Abdin got very bad "internetz" law advice as well as encouragement from folks who dislike DISCOVERY and he ran with it.
It's becoming pretty obvious through his lawyers actions in court, that they are essentially flinging chit toward a fan at this point, and hoping something sticks.
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As as I said earlier: This one thing here, is the main problem of the court case:
It's not going forward, if he isn't able to identify the exact person out of a million dollar company that saw his ideas. Nobody outside CBS ever could! That's simply internal information. The similarities presented, at this point, should really be enough for the court to actually take a proper look at his case. Which they refuse.
That's the thing: Anything from CBS could be a hint for or against the case. But none of them will ever ask of anything from them in the first place: Not even a single page of an early series bible or concept of their Tardigrade will be seen by the court. Because this guy will forever be unable to find the exact individual that took his ideas. It's simply impossible out such a big company.
And that's where this entire thing comes crashing down: Nobody is even taking a closer look at the case, before the guy alone has already given undeniable proof that makes his case unquestionably right. But it's virtually impossible to "prove" this case, without looking at further evidence. But they're refusing to even look at further evidence without him already offering said evidence before. It's circular logic.
I know. But (from my armchairs-laywers perspective), I would assume "publication" pretty much is the "expression" of an idea. It's not as if he had a blog entry somewhere that says "Hey, I got an idea about weird Tardigrades". No, he published finished trailers and art renders, which look suspiciously similar visual and in concept to the stuff that later showed up on DIS.
Troll or not, the right way to treat someone like this is to answer their questions a few times-- and when they prove themselves to be ignorant and unwilling to listen-- ignore them.
He DOES get to Ask for information. That is what the discovery process of all about. Do you even understand what happens during the discovery phase? His lawyer is going to send to CBS a list of items and documents that they feel they need to prove their case which CBS will have to provide. That is what discovery is all about. It is the investigative phase of the proceess. He doesn't have to have the proof today. He can look for it during discovery. That is why it is there.
Of course it isn't impossible. I'm glad you're not one of my investigators, you'd close down every case as 'impossible' on day one. There are loads of ways he could demonstrate that someone from CBS accessed or knew of his content. It's made easier to investigate by the relatively small number of sources that they could have discovered it from and the specificity with which they would have to look.
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You should be glad I'm not one of your investigators. I'd do my job very well, but you would eventually grow tired of me showing up last, in dramatic fashion, wearing a trench coat and talking to myself about the city and its cesspool of problems, and you'd never get rid of that damned soft saxophone music playing in the background.
you're hired. Report to work when you sober up.
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I'll never be sober. Not since my wife left me for my best friend.
Peaceful creatures living on an exotic planet, being snatched up by evil aliens grinding them as cosmetics...?
Like "Insurrection" with animals? I mean, the possibilities for creatures in SF are literally endless. That's why I personally get suspicious when two end up having the exact same one (like my beloved "Tribbles" and Flatcats).
And yet, there will be trends based upon what current science has developed. For those who want Trek to reference real life science I am not seeing the issue here.Peaceful creatures living on an exotic planet, being snatched up by evil aliens grinding them as cosmetics...?
Like "Insurrection" with animals? I mean, the possibilities for creatures in SF are literally endless. That's why I personally get suspicious when two end up having the exact same one (like my beloved "Tribbles" and Flatcats).
^^^
The problem with your whole argument here is how you frame it. Why?
You expect that a court of law should automatically assume what one side (The Plaintiff) says MUST be true; and the Plaintiff's case shouldn't be penalized by a court just because his claim is hard to prove.
U.S. Courts DO NOT (and never should) work that way. They Plaintiff is saying the Defendant did something and ASKING FOR DAMAGES (read Money) as a result. To get that he has to prove (in civil court) by a preponderance of evidence that what he claims was in fact done by the Defendant (CBS).
The Defendant CBS claims they didn't and the Plaintiff's claims are false.
The Court ISN'T supposed to believe one side over the other - and it's encumbent of thee one making the allegation to have hard, verifiable evidence that what they claim is in fact true.
So far, the ONLY thing the Judge is asking for is one/some piece of verifiable HARD evidence that isn't: "Well, the info was up on a website on the internet for YEARS, so someone who worked on ST: D's initial development MUST have seen it; and we're sure once they did - THAT sparked the idea for the show....
^^^
That ISN'T HARD evidence. It's 100% supposition (and hearsay) on the Plaintiff's part.
And for the one person the Plaintiff has so far put forward:
- She joined Steam after the vote on the game was concluded (and still no hard evidence she even saw the game info on Steam.)
- She joined the ST: D writing staff AFTER the Tartigrade aspect was already publicly acknowledged as being part of the series.
So, yeah, again, NO HARD EVIDENCE that his idea was in any was appropriated for the Tartigrade concept of ST: D. Therefore, until the Plaintiff can show some hard evidence that CBS 'stole' his idea, there is NO CASE.
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