Case dismissed! Discovery and Tardigrade game "not similar"

I think it all goes together. Whether there is a playable version of the game or not.

 

Support shouldn't matter, the law should.

When they are prompted to give their side, I'm sure they will. Probably have to bring in Bryan Fuller to be deposed.

 

CBS doesn't have to present any kind of defensive evidence at this point in the proceedings unless the Judge requests it.
They do have to give any pertinent info requested by the plaintiff's lawyers.
But CBS doesn't have to volunteer anything not asked for.

 

Assuming it makes it that far.

 

I love how the opening of first Tardigrades trailer blatantly and shamelessly rips off the opening of David Lynch's Dune.

I also like how it has other characters that have no analogs on Discovery. It's almost like Abdin cherry-picked characters that he could match closely enough to put up an argument and then just ignored the others. But yeah, the mere presence of a black woman in space as evidence of a rip-off = lulz.

 

There are statutory (IE listed fine amounts) the Plaintiff could recover IF plagiarism on the part of CBS is proved. because he didn't register the copyright prior to the lawsuit, and the Bern Convention rules don't apply, he CAN'T get punitive damages at all. <--- And that's where the BIG money is.

I don't think the Paintiff's going to get anything but a legal bill myself; but even if he got some amount of statutory damages, that probably won't even cover his legal bills, even if CBS also is required to pay a portion of his legal costs.

TLDR - Once punitive damages were ruled out, and with the fact that the Judge is essentially saying that without actual concrete proof someone on the ST: D production team saw (and used) his material; she's probably going to grant an MTD should CBS ultimately file one - I'm amazed this guy and his lawyer are proceeding with the case; as nothing they have would get CBS legal staff thinking: "We need to settle now."

 

Just to note...

That whole thing wasn't posted in the manner above till well after DISCOVERY was in production.
It was not included in his presentation during the STEAM contest.

 

This is another reason the likes of Midnight's Edge, Doomcock, Nerdrotic are toxic. They're encouraging this game developer to believe that what the "big bad" CBS did is ruining his life and those close to him, when the truth is those DISCO haters genuinely don't give a shit about him or his game, they're just looking for any angle to stick it to CBS and when that's done, whether the case was won or lost, they'll never think of Abdin again.

 

That's wrong. The video I posted was "Published on May 16, 2015" on YouTube.

But basically none of the stuff claimed to be similar, or almost none of it, is in that trailer.

 

I believe he's referring to subsequent trailers that started including more of the so called DISCO analogs.

 

Right.

If one of the characters in the first trailer is supposed to be the so-called Tilly analog, she certainly—how do I put it?—underwent some changes.

 

If CBS/Fuller stole this guys intellectual property, I hope they have the screws put to them. But based on what I'm seeing, I don't see it.

 

Having support to keep motivation up though. So there isn't some interview where they explained how they came up with the tardegrade idea?

 

Yeah, I realized after the fact what I first posted was incorrect.
I meant that DISCOVERY was already well into production by that point.
My bad.
But that video wasn't part of his entry in the STEAM contest, I never saw anything like that in his posted files on STEAM when I first went looking.

 

*gives standing ovation*

This thread was worth it just for this.

 

Shit! I think you caught them.

 

That was a trademark issue, not copyright.

https://www.uspto.gov/trademarks-getting-started/trademark-basics/trademark-patent-or-copyright

 

Figured I'd ask, guess that's a no

 

Thing is, tardigrades were very much in the public consciousness around the time the Tardigrades project started and the time Discovery was under development. If you told me to think of an extremophile organism that can survive the vacuum of space, irrespective of the two projects, tardigrades are the first thing that would come to mind.