Case dismissed! Discovery and Tardigrade game "not similar"

[Rahul]

Because he's already made up his mind that somebody at CBS working on DISCOVERY is guilty.

There's no argument that can be made to convince somebody who has already steadfastly made up their mind, that they are incorrect in their assumptions.

It's always easier to complain about something by using hypothetical's, than having to deal with substantiated facts.

First of all: Funny that you of all people say that. Also, nice form to talk about me in third person.

But mostly: A resounding "No" to your "thesis".

I'm waiting for further evidence. The one we have really doesn't look good for CBS'. Like, they gonna' get away with it, because of lack of evidence, but only because they managed to make no one look at actual evidence.

But as I said: Literally anything that CBS offers could sway me. Doesn't even has to be related to this court case - if they'd do a "behind the scenes" look or book like Trek has previously done, and it becomes obvious theynaturally came to their own Tardigrade, I'll happily change my mind. As long as they don't offer anything - I see no reason to rescind my suspicion.

I'm not going to change my mind because you posted alink to an opinion. That shit isn't "evidence", this guy isn't more or less qualified than you or me - his only "qualification" is he has his own website.



On a more general note: I find the Mignight-edges/Youtube-comments section that is convinced CBS is a fraud even more annoying. To the point I avoid anything that even vaguely looks like that. I don't like their personal attacks against CBS and the showrunners, and I'm happy that this place - for the most part - is free of slurs or personal attacks against Abdin.

But one thing is absolutely certain: This place, this very DIS-fan-forum, is pretty much an absolutely equally biased filter-bubble, only in the extreme opposite direction. Where anyone who isn't 100% on CBS' side at this point is treated like a personal aggressor against the show itself. Which is really qually lunatic.

 

[seigezunt]

Everything said, I'm a little sad that this lawsuit means we likely won't see anybody on DSC travel the mycellial network by getting a naked hug from a giant water bear.

 

[Tuskin38]

First of all: Funny that you of all people say that.

Second: Nice form to talk about me in third person.

Finally: A resounding "No" to your "thesis".

I'm waiting for further evidence. The one we have really doesn't look good for CBS'. Like, they gonna' get away with it, because of lack of evidence, but only because they managed to make no one look at actual evidence.

But as I said: Literally anything that CBS offers could sway me. Doesn't even has to be related to this court case - if they'd do a "behind the scenes" look or book like Trek has previously done, and it becomes obvious theynaturally came to their own Tardigrade, I'll happily change my mind. As long as they don't offer anything - I see no reason to rescind my suspicion.

I'm not going to change my mind because you posted alink to an opinion. That shit isn't "evidence", this guy isn't more or less qualified than you or me - his only "qualification" is he has his own website.



On a more general note: I find the Mignight-edges/Youtube-comments section that is convinced CBS is a fraud even more annoying. To the point I avoid anything that even vaguely looks like that. I don't like their personal attacks against CBS and the showrunners, and I'm happy that this place - for the most part - is free of slurs or personal attacks against Abdin.

But one thing is absolutely certain: This place, this very DIS-fan-forum, is pretty much an absolutely equally biased filter-bubble, only in the extreme opposite direction. Where anyone who isn't 100% on CBS' side at this point is treated like a personal aggressor against the show itself. Which is really qually lunatic.

There have been people in this thread who are not big fans of Discovery who think CBS didn't copy Abdin.
It's not just DSC fans.

 

[Rahul]

There have been people in this thread who are not big fans of Discovery who think CBS didn't copy Abdin.
It's not just DSC fans.

And there have been people like me, that for the most part enjoy DIS in it's current form, and still think this is fishy.

Thing is - the majority on this board here will defend CBS tooth and nail as if it were their firstborn. And wherever you go outside here, as soon as someone sees that Tardigrade-comparison for the first time, people pretty much immediately think this is suspicious.
It's not about every single person here. It's just - in general - there is a big disconnect.

 

[seigezunt]

wherever you go outside here, as soon as someone sees that Tardigrade-comparison for the first time, people pretty much immediately think this is suspicious.

And, by my observation, that comparison is almost universally made by people campaigning to deep-six the show.

 

[Noname Given]

I'm waiting for further evidence. The one we have really doesn't look good for CBS'. Like, they gonna' get away with it, because of lack of evidence, but only because they managed to make no one look at actual evidence.

Sorry, but at this point I have to ask - Just how dense are you?

IF THERE WAS ACTUAL VERIFIABLE EVIDENCE PRESENTED TO LOOK AT, THE CASE WOULD BE PROCEEDING TO THE 'DISCOVERY' PHASE. THE PROBLEM IS - THE PLAINTIFF HAS GIVEN THE JUDGE NO VERIFIABLE EVIDENCE TO LOOK AT/EVALUATE. THAT'S WHAT THE JUDGE IS ASKING FOR FROM THE PLAINTIFF TO PROCEED FURTHER WITH THE CASE.

 

[BeatleJWOL]

And yes, every one is clear that it is difficult to provide said evidence when the plaintiff is counting on CBS's own information to best do so.

That is not CBS's problem and in the current legal environment, there is no way it can be.

The best option the plaintiff may have here is to take the tardigrade, the most distinctive element of this case, and compare it to all other uses of tardigrades in sci-fi fiction and say "see? the only one that's even marginally similar is Discovery". That didn't happen.

 

[saladdays]

Thing is - the majority on this board here will defend CBS tooth and nail as if it were their firstborn.

I can't see that being true, especially since the majority of people who are members of the board (like all boards) never (or hardly ever) post. Even for the regular posters, I personally don't think there is even close to a majority who would fall under that category. Just because some of us in this thread are saying this case is a slam dunk for CBS doesn't mean we would "defend CBS tooth and nail."

And wherever you go outside here, as soon as someone sees that Tardigrade-comparison for the first time, people pretty much immediately think this is suspicious.
It's not about every single person here. It's just - in general - there is a big disconnect.

There's so many generalities and assumptions in this statement, I don't think I can adequately respond. But suffice it to say, there are assuredly some people who would think that, but by no means do all people "pretty much immediately think this is suspicious" once they become privy to this case. Otherwise, wouldn't you think that Abdin would have found better attorneys? There's a reason why he has the ones he does.

 

[Rahul]

Sorry, but at this point I have to ask - Just how dense are you?

IF THERE WAS ACTUAL VERIFIABLE EVIDENCE PRESENTED TO LOOK AT, THE CASE WOULD BE PROCEEDING TO THE 'DISCOVERY' PHASE. THE PROBLEM IS - THE PLAINTIFF HAS GIVEN THE JUDGE NO VERIFIABLE EVIDENCE TO LOOK AT/EVALUATE. THAT'S WHAT THE JUDGE IS ASKING FOR FROM THE PLAINTIFF TO PROCEED FURTHER WITH THE CASE.

The "discovery phase" is limited to the point that only and only one, very specific kind of evidence is accepted - the exact CBS employee that accessed Abdin's STEAM page.

Hell, the court might as well demand of him to present the specific typewriter the guys at CBS used for copying, as well as Trump's tax returns. That's equally likely for Abdin to be able to whip up.

 

[Noname Given]

The "disccovery phase" is limited to the point that only and only one, very specific kind of evidence is accepted - the exact CBS employee that accessed Abdin's STEAM page.

Shit, the court might as well demand of him to present the specific typewriter the guys at CBS used for their draft, as well as Trump's tax returns. That's equally likely for Abdin to get.

If the Paintiff can show hard evidence supporting his claim, said Discovery can be expanded. Right now, the Judge has said:
"You made a claim. I need to SEE hard evidence that supports that claim to proceed further."
^^^
That's how the court system works. If you have hard evidence to show such a claim is valid; you can THEN be allowed to probe further into the Defendant's private business operations. If you can't provide such evidence; the Judge doesn't want to waste time further adjudicating something the plaintiff can't provide a minimum of proof for.

 

[Rahul]

If the Paintiff can show hard evidence supporting his claim, said Discovery can be expanded. Right now, the Judge has said:
"You made a claim. I need to SEE hard evidence that supports that claim to proceed further."
^^^
That's how the court system works. If you have hard evidence to show such a claim is valid; you can THEN be allowed to probe further into the Defendant's private business operations. If you can't provide such evidence; the Judge doesn't want to waste time further adjudicating something the plaintiff can't provide a minimum of proof for.

Well yeah - that's the thing. At this point, the plaintiff has provided literally any and every evidence that a regular citizen is capable to aqcuire.

Now they can of course ask him to print out the entire Internet. But that doesn't change anything from the current situation: It very much looks like there is merit to his claims, which can be easily proven or disproven, but at thistpoint, the only means of doing that legally lie with the means of a court - e.g. a subpoena for a single document.

 

[BillJ]

That's equally likely for Abdin to be able to whip up.

Then why did he make that specific claim? The problem with the specific claim that someone at CBS stole his idea via Steam, is that people have personal lives as well. Fuller could have stolen the idea from Steam without CBS ever being involved.

 

[Locutus of Bored]

Just a reminder to all involved to please refrain from making personal remarks no matter how frustrated you might get with your opponent's argument.

 

[Noname Given]

Well yeah - that's the thing. At this point, the plaintiff has provided literally any and every evidence that a regular citizen is capable to aqcuire.

No. The problem is he provided NO EVIDENCE AT ALL. Just his claim of what he believed must have happened. And there is something know as a detective or investigator that could be hired (and other ways that cost money) to look into and find evidence. But he doesn't have or want to spend his own money. He just wants (on the basis of his claim with no real evidence to back it up:

- Statutory monetary damages (from CBS AND Netflix, even though npo one from Netflix was directly involved in the creation of production of ST: D based solely off his claim and no evidence (He would like Punitive damages but legally can't get them because he never bother to FILE a registered copyright on his game ideas prior to filing the lawsuit.)

- A full injunction against anuy further production of ST: D AND that all existing copies be recalled and destroyed and no elements of ST: D remain (No, I'm not kidding this was part of his claim for relief).

So yes, he seems to have very reasonable demands based on the claims he's presented (with no hard evidence to back them up.)...oh, wait...

 

[KennyB]

And there is something know as a detective or investigator that could be hired (and other ways that cost money) to look into and find evidence. But he doesn't have or want to spend his own money.

THANK YOU!

 

[Noname Given]

"It very much looks like there is merit to his claims.."

Really? On what exactly do you base your assertion here? I would honestly like to know.

 

[BillJ]

If a case relies solely on the defendant supplying the evidence, I think it is pretty well lost.

 

[BeatleJWOL]

If a case relies solely on the defendant supplying the evidence, I think it is pretty well lost.

Which is supposed to be the idea, if I'm understanding this correctly? A case should always have some kind of third party that can provide some kind of proof of what happened, otherwise the entire case is built on assumption and speculation and therefore not able to be tried?

It's designed to keep vague assertions out of the court system, sounds like.

 

[fireproof78]

Yeah, that whole innocent until proven guilty thing is a bit of a drag.

 

[Ovation]

the plaintiff has provided literally any and every evidence that a regular citizen is capable to aqcuire.

And it has not proven compelling. Tough break, but there it is.

It is NOT the court’s job to find the evidence for him (a subpoena). It is his job to convince the court that there is something that warrants a subpoena. “It’s hard to get evidence” is NOT a persuasive argument.

The fact CBS is being given the same rights and protections due ANY defendant is NOT proof of a flawed system but proof the system is working as intended.

It should be difficult to make an accusation stick and force further legal proceedings. The onus MUST be on the accuser in a just system, regardless of which side in a dispute elicits more sympathy.