Case dismissed! Discovery and Tardigrade game "not similar"

[Campe]

Abdin is a shmuck, being used by alt-Trek fans to attack the show they hate. When he loses, they will abandon him forever.

I feel kinda bad for the guy. He did ask for this by filing suit but like you say, he's being used.

 

[Jedi_Master]

I feel kinda bad for the guy.

Sorta. Hard to know how sincere his intent is, especially now.

He isn’t very bright, that’s for sure.

 

[BillJ]

I just hope CBS doesn't turn around and sue him.

 

[Jedi_Master]

I just hope CBS doesn't turn around and sue him.

Can’t see how they would have grounds, and it’s not like they will get any money out of him.

 

[BillJ]

Can’t see how they would have grounds, and it’s not like they will get any money out of him.

This comment stuck in my mind...

CBS said Star Trek has a long history of such uniforms, “that delineate status, rank, etc., and, if that were infringement, it is Plaintiff who is the infringer.”5).

 

[Campe]

This comment stuck in my mind...

I think they're trying to make a point. I don't think they'd sue him over that.

 

[Tuskin38]

This lawsuit is funny, and sad.

 

[SJGardner]

Abdin is a shmuck, being used by alt-Trek fans to attack the show they hate. When he loses, they will abandon him forever.

To be fair, they'll abandon him just as quickly if he wins. Poor guy doesn't even realize he's just a patsy for the hater crowd. In the unlikely event Discovery is gone, they'll just find something else to complain about. For example, the Picard series, as soon as they realize it's not The Orville with Sir Patrick.

 

[gblews]

Updated & expanded on AxaMonitor: CBS Cites Instances Where Tardigrades Creator ‘Manufactured Similarities’ to Star Trek Discovery. Read more »

After reading this article, I'm thinking that maybe CBS does think dismissal of this case is a slam dunk.

 

[Nerys Myk]

I like them which is more than I can say for anything in the Mass Effect series.

Is that girdle?

 

[DaveyNY]

Is that girdle?

Yeah, it's a Man-Girdle called a Cummerbund.

 

[CorporalClegg]

That guy who did that one show with Bilbo Baggins?

 

[MvRojo]

I wonder if CBS has made a nuisance value offer to resolve the case. I think that if Abdin asked for $5000 to $10,000 prior to the decision on the Motion for Summary Judgement, CBS would probably give it to him. At this point the case doesn't appear to be worth much more than nuisance value.

Abdin does have incentive to take nuisance value because if the motion is granted, no more lawsuit.

On the other hand, if the motion is not granted and the case is allowed to go forward, it will then be worth more money to CBS. But as has been pointed out, because Abdin was remiss in registering his copyright, his case is not worth nearly what it could have been.

If I were plaintiff counsel, I'd be on the phone with CBS right now asking for $20,000 to withdraw the lawsuit before the decision on the MSJ. From what I understand, because of the copyright registering problem, even if the case goes to trial and there is a plaintiff verdict, judgement would be determined based on actual damages only. Wonder what Abdin't "actual" damages are and how much they might be worth.

It would set a bad precedent to settle. With something as big and valuable as Star Trek, you can't just settle. All kinds of people would come out of the woodworks asserting frivolous claims. They have to vigorously defend their position, particularly in a situation like this where they have a high likelihood of success.

 

[MvRojo]

Let's not forget white uniforms for medical personnel, which were never, ever used in -
Men in White, One Flew Over the Cuckoo's Nest, or Awakenings.

Or in real life.

 

[carlosp]

I understand that. I read the motion this morning.

My point is: While the video was referenced in the MTD, I was curious to know if any stills existed and were released prior to the video being initially released a few months prior to Disco premiering.

From the motion to dismiss:

• In their analysis, the defense attorneys included all the materials that were submitted by Abdin that he alleged had been infringed upon. (p. 7)
• The tardigrade itself appears in very few of the blog posts and video submitted in the legal complaint. As far as the court is concerned, the only evidence that matter is what's been submitted, and the motion notes the tardigrade gets scant attention on Abdin's blogs.

 

[Alan Roi]

I just hope CBS doesn't turn around and sue him.

Well, it's not like he's a breakfast cereal company and they have wiley editors with access to time warps.

 

[Stephen!]

The Tardigrade is getting merchandise, so perhaps it's not seen as a legal issue for CBS
https://www.trektoday.com/content/2019/02/eaglemoss-discovery-starship-pictures/

 

[DaveyNY]

The Tardigrade is getting merchandise, so perhaps it's not seen as a legal issue for CBS
https://www.trektoday.com/content/2019/02/eaglemoss-discovery-starship-pictures/

Yeah, I got my subscription free one already.
I posted pics of it here back on Feb 6th...
https://www.trekbbs.com/threads/more-eaglemoss-discovery-starships.294277/page-13

 

[Jedi_Master]

From the motion to dismiss:

• In their analysis, the defense attorneys included all the materials that were submitted by Abdin that he alleged had been infringed upon. (p. 7)
• The tardigrade itself appears in very few of the blog posts and video submitted in the legal complaint. As far as the court is concerned, the only evidence that matter is what's been submitted, and the motion notes the tardigrade gets scant attention on Abdin's blogs.

My impression is that a great deal of Abdin's complaint has been composed of information scoured from his scattered blogs and posts by helpful advocates, not composed by complainant himself.

 

[CorporalClegg]

So you're suggesting that he was influenced by a few agenda-laden, conformation biased internet sectarians who combed his portfolio for any scrap of evidence that had even the slightest passing similarity to something on the show?

Huh.