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Tardigrade lawsuit appealed

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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.

The YouTube conspiracists' GoFundMe is basically taking advantage of Abdin's gullibility and complicity, and soaking Trek fans so enraged over DSC that they've lost their capacity for rational thought.
Um of course there's a ruling to vacate here - the judge ruled on, and GRANTED the defendants pre-trial motion to dismiss. I think we're getting into a bit of semantics here because an Appeals Court is always supposed to consider a case de novo in situations such as this, BUT, they will go over everything and will still look at the transcript of the case.

In the end, if they do agree with the plaintiffs on their appeal here - they effectively ARE saying tot eh Judge: "Hey, you made an error. The motion to dismiss should not have been granted."

And as someone who works with Judges on a daily basis, that's how the Judge who made the ruling would look at the Appellate courts decision, if they do decide to vacate/overturn her motion to dismiss -- the Appellate court would in effect be saying to her: "Sorry, you made an error in grating this motion to dismiss."
 
The internet was a mistake, particularly social media. Our whole culture from about 2010 onward has been a gigantic dumpster fire. Twitter, YouTube, Reddit, Facebook, Tumblr, and so on, have handed megaphones to absolute idiots while creating a profit motive for stoking outrage. Gotta get those clicks! And we self-select into little tribal bubbles who define themselves by hating on and attacking all the other tribal bubbles out there, usually in the comments sections underneath the aforementioned outrage generators.

Fuck I hate humanity right now.

the internet has done good but also brought out the worst in people.
There is a reason the “future of trek” sub forum has has to put a bunch of the YouTube people and discussions of their comments into their own topic. That is why it isn’t as simple as don’t listen to them. The people who do listen and believe bring stuff they say up all the time.
 
@carlosp in the future can you please consolidate your posts into one using the Multiquote Function (+Quote) in the bottom right hand corner of each post you intend to quote? Thank you.
Sure, I can do that if it’s a rule here. The multiple consecutive posts were replies to separate people, though, and I find it’s more clear to readers whom I’m addressing. Also I tend to reply to posts as I’m reading through a thread so having to go back to something I’ve already posted and edit in new comments addressed to entirely different people seems like a lot of work, and I don’t see the value there.

And what if someone else posts in the interim? Any comments I’ve had to add after the fact to an already existing post are then missed. What’s the actual problem this rule is supposed to solve?
 
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Um of course there's a ruling to vacate here - the judge ruled on, and GRANTED the defendants pre-trial motion to dismiss. I think we're getting into a bit of semantics here because an Appeals Court is always supposed to consider a case de novo in situations such as this, BUT, they will go over everything and will still look at the transcript of the case.

In the end, if they do agree with the plaintiffs on their appeal here - they effectively ARE saying tot eh Judge: "Hey, you made an error. The motion to dismiss should not have been granted."

And as someone who works with Judges on a daily basis, that's how the Judge who made the ruling would look at the Appellate courts decision, if they do decide to vacate/overturn her motion to dismiss -- the Appellate court would in effect be saying to her: "Sorry, you made an error in grating this motion to dismiss."
I think we are just talking differences in semantics. Note that I said trial ruling. There was no trial in this case therefore no trial ruling. The case was dismissed by a judge’s order, which doesn’t get the deference by an appeals court that a trial verdict would.

I’m referring to the explicit differences in the law between appellate cases based on a trial and those that aren’t. The former are not considered de novo; the latter are. De novo is a nondeferential standard of review, meaning it does not place weight on the previous court's finding. In most appeals the appellate court does begin its review by deferring to a case’s resolution in the trial court.
 
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Sure, I can do that if it’s a rule here.
It is.
Also I tend to reply to posts as I’m reading through a thread so having to go back to something I’ve already posted and edit in new comments addressed to entirely different people seems like a lot of work, and I don’t see the value there.
You don't have to "go back" to anything. Just click the +Quote button on any posts that have replied to you or that you wish to address and they will all be included in your post. You can even rearrange them into the order you want.
And what if someone else posts in the interim? Any comments I’ve had to add after the fact to an already existing post are then missed. What’s the actual problem this rule is supposed to solve?
If subsequent posts have been made in the interim then you can start a new post. This is simply a measure to prevent spamming up the thread with numerous consecutive posts from the same poster in a row. That's just a general comment, not referring to you as a spammer. I know that was not your intent.
 

YouTuber Nerdrotic leads $20,000 GoFundMe Campaign to Fund Anas Abdin’s Appeal in U.S. Second Circuit Court

After seeing his copyright case against CBS and Netflix over Star Trek: Discovery dismissed in federal court last month, Tardigrades game creator Anas Abdin is appealing, with a YouTube conspiracist leading a $20,000 GoFundMe campaign to pay for the appeal.

The appeal was formally filed in U.S. Second Circuit Court of Appeals on October 1 by Abdin’s attorney John Johnson, though court filings do not yet cite the legal basis on which Abdin is appealing the dismissal by federal district Judge Lorna G. Schofield. Read more »

I get the motivation for this GoFundMe Campaign from the point of view of Anas Abdin and those Youtubers. It brings them money and attention.

But why would any other person want to invest in it? I mean even if I would be convinced that Abdin is 100 % right and CBS is 100 % wrong, it would feel like a total waste of money as I would get nothing of value in return.
 
I get the motivation for this GoFundMe Campaign from the point of view of Anas Abdin and those Youtubers. It brings them money and attention.

But why would any other person want to invest in it? I mean even if I would be convinced that Abdin is 100 % right and CBS is 100 % wrong, it would feel like a total waste of money as I would get nothing of value in return.

These days the number of fundraisers targeted at star trek fans is really starting to bother me. It is getting crazy. I do know and accept that people can make their own choices on where they spend their money but just the number of these things lately like people wanting money for trips to conventions and the like is bothering me. I know slightly off-topic but this is just the latest.
 
These days the number of fundraisers targeted at star trek fans is really starting to bother me. It is getting crazy. I do know and accept that people can make their own choices on where they spend their money but just the number of these things lately like people wanting money for trips to conventions and the like is bothering me. I know slightly off-topic but this is just the latest.
It's really quite simple and has been for many a millennia of human history...,

"A Fool And His Money Are Soon Parted" - (Thomas Tusser)
&
"There's A Sucker Born Every Minute" - (Anonymous)

 
I know but the whole I’m not laying $10/mt to cbsaa but I’ll sent anas $1000 to tilt at windmills is crazy to me.
Psychologically, these folks have so bought into the old version of Star Trek that it has become part of their identity, how they see themselves. They’re not handing over tens of thousands of dollars for no return. They’re doing it literally to protect themselves from the enemy — conveniently identified for them by the YouTube conspiracists as CBS/DSC.
 
Wow, there truly is one born every minute.

The gofundme is at nearly 1,700$.

ETA: 17,000$.
 
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Psychologically, these folks have so bought into the old version of Star Trek that it has become part of their identity, how they see themselves. They’re not handing over tens of thousands of dollars for no return. They’re doing it literally to protect themselves from the enemy — conveniently identified for them by the YouTube conspiracists as CBS/DSC.
Haven't they gone much further now? I watched some of the "telethon:" they are pushing outright iconoclasm.
 
Jesus Christ, they should do something useful with that money.
Hell, with that much crowdfunding money, they can make their own goddamn fanfilm!
Is Alec Peters still working?:D
 
I know but the whole I’m not laying $10/mt to cbsaa but I’ll sent anas $1000 to tilt at windmills is crazy to me.
To them, it's not windmills. They are very much giants to be defeated. It has consumed their identity, to the point that rationality is no longer possible. It is a highly emotional, impulsive, pushback against a perceived attack on something incredibly precious.
 
maybe they forgot a 0.

Thats what I had been imagining too... crazy money considering there are so many indy projects out there, be they games or films or books or whatever, which fail to attract even a percentage of that figure.
 
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