• Welcome! The TrekBBS is the number one place to chat about Star Trek with like-minded fans.
    If you are not already a member then please register an account and join in the discussion!

Case dismissed! Discovery and Tardigrade game "not similar"

Status
Not open for further replies.
Isn't that what the court is doing is looking in to it? Not sure how much more of a third party you want here...

Actually, not! And that's the problem: They're not really looking into it. They're asking him to provide a specific employee's web-history, which he simply can't. That's the scope of the "discovery", they aren't looking into anything until he has provided that - which he can't. So it's technically open. But nobody is looking at anything.

I just don't think the guy has as strong of a case as is readily believed. BTS documentation should take care of that but CBS will comply with the court order as limited as possible to protect themselves.

Indeed. That's the whole gist of it: So far, CBS didn't have to show anything - even though they are the only ones having documentation. So by not looking in the first place, no more evidence will come to light in the process.
 
Pretty sure he could request the IP logs from his host.
Good argument.:)

That would show only if somebody saw his videos during working hours at CBS, right? Not if they saw the game trailers from their personal PC at home?
(Asking for a friend who doesn't know how easy it is to match an IP to a specific person...:guffaw:)
 
Actually, not! And that's the problem: They're not really looking into it. They're asking him to provide a specific employee's web-history, which he simply can't. That's the scope of the "discovery", they aren't looking into anything until he has provided that - which he can't. So it's technically open. But nobody is looking at anything.
Then his lawyer should filing for those specific documents. CBS is under no obligation to turn over all their documentation just because of an assertion of similarity. The burden of proof falls upon the plaintiff in this case and requesting the specific information that would demonstrate the timeline.
 
Good argument.:)

That would show only if somebody saw his videos during working hours at CBS, right? Not if they saw the game trailers from their personal PC at home?
(Asking for a friend who doesn't know how easy it is to match an IP to a specific person...:guffaw:)
They are not going to get the IP logs from the computer of ever computer, tablet, and cellphone user involved in the project. This isn't some manhunt for a child porn distributor. It's pointless and it isn't going to happen, anyway.
 
Then his lawyer should filing for those specific documents. CBS is under no obligation to turn over all their documentation just because of an assertion of similarity. The burden of proof falls upon the plaintiff in this case and requesting the specific information that would demonstrate the timeline.

Hasn't he done this? :eek:
I thought the judge just denied his request until he has found the specific person that accessed his game-trailer?

They are not going to get the IP logs from the computer of ever computer, tablet, and cellphone user involved in the project. This isn't some manhunt for a child porn distributor. It's pointless and it isn't going to happen, anyway.

Isn't that exactly what they are asking of this guy? Tracking down the exact person working for CBS that has accessed his Game? How is that not a "manhunt" he has to accomplish before the case can further move on?
 
Isn't that exactly what they are asking of this guy? Tracking down the exact person working for CBS that has accessed his Game? How is that not a "manhunt" he has to accomplish before the case can further move on?

For starters, commercial ISP's only give those logs out, to my knowledge, for criminal cases and life threatening events assuming that they even still have them. Have you seen ip history logs? We're talking about potentially thousands and thousands of pages of data that are not going to be gone over in a database by computer forensics data but by the law firm of Larry Moe and Curly. If ISP's were forced to do that as a matter of discovery for every possible civil case they'd be innundated, and then how long would they have to retain such records anyway? These aren't legally binding things that they have some legal requirement to keep. They might be long gone, anyway, if they use less than a 3 year tape retention on that data, which they may or may not.

Again, these are commerical ISP's, this is not a FOIA request.
 
For starters, commercial ISP's only give those logs out, to my knowledge, for criminal cases and life threatening events assuming that they even still have them. Have you seen ip history logs? We're talking about potentially thousands and thousands of pages of data that are not going to be gone over in a database by computer forensics data but by the law firm of Larry Moe and Curly. If ISP's were forced to do that as a matter of discovery for every possible civil case they'd be innundated, and then how long would they have to retain such records anyway? These aren't legally binding things that they have some legal requirement to keep. They might be long gone, anyway, if they use less than a 3 year tape retention on that data, which they may or may not.

Again, these are commerical ISP's, this is not a FOIA request.

Sounds IMO pretty unreasonable and disproportionate. Both to do, but also to expect from the guy to do on it's own.
 
To be honest, I think the state should sue this guy for wasting everyone's time and oodles of taxpayers dollars on a case that's ludicrous on its face. The court has given this way too much of its attention already. Time for him to go to his room.
 
... 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.

Everybody here pretends this guy doesn't have solid evidence. He has. He has published his own creation on a very popular website, that was accessable from everywhere, and a suspiciously short amount of time later, CBS throws their own product out there, that has the exact same content, both in concept and peresentation. Yes, Tardigrades were in the news for some time. "Mansized blue sprakling Tardigrade in space as a means of direct FTL-travel" was not.

That's a suuuper unique concept. So it's not as if when the court actually orders some documents to be handed over, that suddenly every game designer of SF games can do the same. I doubt there are any games with SUCH similarities out there! I just think - personally - that anyone having this amount of similarities has crossed the threshold to warrant an actual investigation. An investigation that needs documents being handed over. Because anything else would be completely unreasonable: This guy alone DOES NOT have subpoena power, or police powers or can just research the Internet usage of an entire company on his own. Asking him to do that - to deliver information a single individual without support from authoritives simply can't ever deliver - is completely bonkers and unreasonable.



Here is the thing though: I don't post here under my real name. You'd need to cross-reference that. And that you can only do via the justice system, or illegal (which means it can't be used in the court). That means if the court denies even watching at this in the first place (like it does in this case) - nobody can prove that I saw Star Trek! I didn't have a television when I was younger, and I don't have one now. Prove that I saw it. And to say "well, duh, it was in cinemas, there was publically widely available advertisements for it" - so were for this guys game on the internet.

Really, this whole thing can pretty easily be solved by the court ordering CBS to hand over a single early development document of the show. Which CBS definitely has - for legal reasons. Without that, the case is simply unsolvable. And - for my tastes - these two Tardigrades are close enough to warrant the court actually looking into it.



That apparently this guy has some super inept lawyers is of course not helping him - at all. The truth is, we're all people, and if a judge simply gets fed up with your lawyers, for them demanding preposterous damages and annoying everyone with completely overplaying their hand - a justice might be nudged and simply try to close the case as fast as possible.

But still - the matter at han is that this guy has some really, really credible allegations against CBS - allegations that would have long been settlent if he had an actual other media company backing him up - but there are simply limits to the information a private person can collect: And so far, he has collected everything an individual could, and everything he collected supports his claim. Ordering him to collect even more - something he simply can't find out no matter what, simply because he's lacking the gouvernment ressources to do so (recreate the entire dataflow inside a million dollar company) - feels like they are just searching for a thing he can never, ever deliver in the real world, and then order him to deliver exactly that. Not because it's reasonable. Or even possible. But because everyone just wants to shut the thing down.


On a side note: This is really not the hill I want to die on. I don't even care about this guy personally! By all accounts, he seems to be very... problematic. I just don't like it when large corporations farm ideas to use as their own without re-imbursing the people that originally came up with them. Which sadly happens all the time, and in much worse and more obvious cases than this one (Creators of Batman anyone?). It's still just sad every time it happens.
Except that it’s not unique. A lot of people were toying with the idea when it was revealed tardigrades could survive space.
 
Last edited:
Yeah ummm...
That entire first paragraph is based on completely wrong facts and assumptions.

He did not publish an actual GAME to the now defunct STEAM program.
He put out an assortment of ideas attempting to get feedback and encouragement in order to create said game.
And his entry was waaaay the hell down near the bottom of the list of available candidates to vote on.
(which numbered well into the 1000's +, by the way)
So it was not easily accessible by everybody everywhere.


It wasn't until well after CBS completed putting the show together and had announced DISCOVERY publically, that Abdin started putting all his ideas together in a somewhat coherent manner.
And even that was only after he started getting somewhat dubious advice from folks who were upset with CBS for creating DISCOVERY to begin with.

He didn't even apply for a copyright of his ideas until AFTER his original lawsuit was put forth to the court.

Folks really need to read the posts in this thread that explain the court case by a professional.
Don't just listen to the rumblings of some disgruntled Trek fans.

(edited to change the intended audience, due to nutshell having QUOTE problems)
 
Last edited:
None of that is true.

Also fix your quote tags.


So? Two people can come across the same unique idea.
I didn’t say any of that. The quote feature is jacked up. My position is the lawsuit is WITHOUT merit.

EDIT: OK, I think I fixed it.
 
Status
Not open for further replies.
If you are not already a member then please register an account and join in the discussion!

Sign up / Register


Back
Top