Don't be cynical. It's not going down a toilet. It's going right into the hands of lawyers who would otherwise have gone unpaid for taking on such a meritless case. It also raises the financial profile of the YouTube conspiracists who've seen their revenue take a hit because YouTube's recommendation engine isn't automatically adding them to viewers' "other videos you might like" list anymore.
Correct. As we speak Nerdrotic and Midnight's Edge are holding an emergency telethon to raise $5,000 before Monday because Abdin needs it for some unspecified reason. #totaltransparency!
Interesting questions. Oddly, such information about accountability appears nowhere in this crowdfunding campaign. #totaltransparency!
Yep. They just want whatever money they can get to make up for their miserable loss before the District Court.
You're absolutely right that there won't be any new testimony or evidence. At this point, however, there is no trial ruling to vacate. This case was resolved in district court with a pre-trial motion to dismiss. When appealing such motions, the appeals court doesn't look for judicial error; they consider the case de novo — as if it were being heard for the first time. They're a set of fresh eyes looking at exactly the same pleadings and evidence as Judge Schofield did; Abdin isn't allowed to submit any more. In my article I explain the standard the Second Circuit uses for ruling on copyright infringement; it's stricter than most other circuits and very different from the standard applied by the entertainment industry-heavy Ninth Circuit, like you saw in the Axanar suit.That's WHY the Judge (in her written decision) cited ALL the case law that supported said decision. It seems that someone still thinks they can somehow get some money out of this but no, it won't go well for the appealing party.
At this point, there won't be further testimony by any experts. The case WON'T be retried UNLESS the Appeals court orders that (and I don't think they will) - at this point in the appeals process they go over the ENTIRE transcript of the exciting trial and will make a determination as to where the Judge in the case did anything legally or procedurally 'wrong' (in their opinion) - and either:
- Declare a mistrial and vacate her ruling (meaning that the case would need to be refiled and tried again).
[...]
And if you wonder why that doesn't happen with every case - smart lawyers usually ONLY spend time on something they feel they can win, and only idiot lawyers waste time and money (or they have a client with DEEP pockets willing to pay their costs and fees up front to continue with a case they KNOW they'll loose.)
ETA:
Just caught up on the thread. So, it's one of the usual 'professional Discovery Hater' crowd running a GoFundMe to cover court costs. I guess the Axanar crowd will open their wallets wide as they're used to funding lost causes - or funding elaborate scams.
Rage will do that to a person.
That's an interesting take. If you want to have a go ragging on CBS, let's have a go. There's plenty of stuff you can legitimately and harshly criticize them for, like the whole ugly Les Moonves thing, or how they handled the equally ugly situation with Eliza Dushku. They aren't fucking saints, and if they fuck up they deserve a good thrashing.
I agree.. But then again everyone has an opinion and everyone is trying to make a living. Its not my place, or anyone's really, to judge them. Just have to decide if you want to watch them or not, CBS or YouTubers you disagree with.
Clearly you don't read your own posts.
Carlosp's post have been nothing but professional and informative about the legal side of this case, and if there's going to be another iteration of this terrible thread then people aren't going to get up to their previous trolling behavior.
Carlosp's posts are more then 2 consecutive. That's a rule that is broken here. As for trolling. I don't feel disagreeing with his characterization qualifies, as I wasn't attacking him, I was generalizing the stance he took, and others take. With all things not being equal, still the Warning is acknowledged. My apologies.
It's the most 2019 thing ever.
He always could have done that, he was the one who kept talking about supposed similarities and made a lawsuit out of it.
