Tardigrade lawsuit appealed

[fireproof78]

I doubt it but I doubt its priority right now either.

 

[DaveyNY]

If I remember correctly (and it has been awhile), they filed with the Second Circuit Appeals Court of NY.
(NYC to be exact)
Which is only just now, starting to get back to having actual arguments (either by video conference or phone) be heard by the Judges.
I would imagine that it'll be another couple of months before they even get close to getting caught up with incidental cases like this one.
If we hear anything before September, I'd be surprised.

 

[Tuskin38]

Oh right, good point.

 

[Don Drutherford]

Just when we thought it was over .... anas Abdin has officially filed an appeal of his lawsuit over the Tardigrade game.

no info yet on what grounds he is using to appeal on.

*sigh* so much for accepting the judges ruling.

NERRRRRRRRRRDS hehaha

 

[saladdays]

If I remember correctly (and it has been awhile), they filed with the Second Circuit Appeals Court of NY.
(NYC to be exact)
Which is only just now, starting to get back to having actual arguments (either by video conference or phone) be heard by the Judges.
I would imagine that it'll be another couple of months before they even get close to getting caught up with incidental cases like this one.
If we hear anything before September, I'd be surprised.

I'm a bit surprised that that court hasn't started using video conferences for certain proceedings sooner than now. But yeah, this case is not going to be a high priority on their list of things to do.

 

[Noname Given]

I'm a bit surprised that that court hasn't started using video conferences for certain proceedings sooner than now. But yeah, this case is not going to be a high priority on their list of things to do.

It's due to things like cost (equipment and bandwidth aren't free); and constitutional issues (IE some lawyers believe the right to face your accuser means it must be in person in the same room, etc.) There are also other political issues because you're dealing with different entities (IE the courts and the police and the district attorney's office, etc.)

As someone who works in IT for a courthouse; all the above has come into play as we try to set up to do things remotely via teleconference, and reduce the need for on-site in-person appearance for all types of matters.

 

[Agony_Boothb]

This case was the first time in fandom that troll video sites incited a lawsuit.

It was so spurious, so lacking merit we laughed at it online and I even made an attempt to talk Anis out of it lest his finances suffer irrevocably. Unfortunately he didn't listen, and he's bankrupt now.

Oddly, Anis actually decided to go forth with his suit even though he plagiarized another scifi staple: Dune.

RAMA

The hater channels used anis to further their agenda and grow their channels. They never gave a shit about anis or his game.

 

[PiotrB]

CBS Beats Copyright Claims Over ‘Star Trek: Discovery'

• Didn’t infringe copyrights in unreleased video game
• Works not substantially similar, Second Circuit affirms

source: https://news.bloomberglaw.com/ip-law/cbs-beats-copyright-claims-over-star-trek-discovery
via https://twitter.com/Oliviaj_8/status/1295373229482291200?s=20

 

[Campe]

And just like that, its over. Doesn't mean Abdin isn't gonna whine about it. But the last I looked, no one was stopping him from making his game. Except maybe himself.

 

[fireproof78]

And just like that, its over. Doesn't mean Abdin isn't gonna whine about it. But the last I looked, no one was stopping him from making his game. Except maybe himself.

I mean, it would be ridiculous but he could make it and then post it as a middle finger to "The Man" trying to keep him down. Ridiculous narrative of course but if he is able to make his game work great.

But I doubt it will happen.

 

[BillJ]

And just like that, its over. Doesn't mean Abdin isn't gonna whine about it. But the last I looked, no one was stopping him from making his game. Except maybe himself.

I'm sure he'll continue to try and bleed fans for more cash, like Alec Peters.

 

[Krandor]

As expected... now to go download the document to read the ruling itself.

 

[Krandor]

LOL.. whoever wrote the opinion is a star trek fan. So many refernces in the opinion starting with "to boldly go where no court has gone before"

 

[EnderAKH]

And just like that, its over. Doesn't mean Abdin isn't gonna whine about it. But the last I looked, no one was stopping him from making his game. Except maybe himself.

There's always the Supreme Court...

 

[fireproof78]

I'm sure he'll continue to try and bleed fans for more cash, like Alec Peters.

Oh, sure. It is the Star Trek way.

 

[Krandor]

In conclusion, we hold that Abdin failed to plausibly allege substantial similarity between Discovery and the Videogame as a matter of law. Overall, the presence of Ripper the tardigrade in Discovery is minimal, as it only appears in three episodes. The main storyline in Discovery focuses on the continuation of storylines beginning in the original Star Trek series and continuing throughout the decades of Star Trek spinoffs and movies. Thus, after extracting the unprotectible elements from Abdin's Videogame -- the scientific facts, general ideas, science fiction themes constituting scènes à faire, and generalized character traits -- we hold that the Videogame and Discovery are not substantially similar because the protectible elements, as described above, are markedly different. See Gaito, 602 F.3d at 66 (when applying the more discerning 38 test, this Court must "extract the unprotectible elements from our consideration and ask whether the protectible elements, standing alone, are substantially similar" (internal quotation marks and citation omitted)). The district court did not err in dismissing the TAC

From https://www.ca2.uscourts.gov/decisi...cdqV7Qr-e4XM-yaSokz1r7YuwmRt6abXJc1QH9sm7Qdbg

 

[saladdays]

There's always the Supreme Court...

While true, I would be surprised if Abdin appeals further, and then shocked if the Supreme Court actually takes up the case.

 

[Krandor]

A few great lines from the opinion.

Kirk cited

By permitting Abdin to exclusively own the idea of a spacetraveling tardigrade, this Court would improperly withdraw that idea from the public domain and stifle creativity naturally flowing from the scientific fact that tardigrades can survive the vacuum of space. See Captain James T. Kirk, Star Trek: The Return of the Archons, Star Trek: The Original Series (1967) ("Without freedom of choice, there is no creativity.").

Spock cited

While the characters do share some traits such as hair color, race, and profession, the Videogame's many characters have a wide range of physical traits and the suggestion that a copyright infringement claim can be based on such generic and common characteristics is "highly illogical." Spock, Star Trek: The Omega Glory, Star Trek: The Original Series (1968).

and even a reference to another recent star trek court case

In general, the original Star Trek and its accompanying spin offs are set in a distant future where humans and aliens travel through space and coexist. See generally Star Trek: The Original Series Synopsis, Star Trek, available at: https://www.startrek.com/database_article/star-trek-the-original- series-synopsis; Star Trek: The Next Generation Synopsis, Star Trek, available at: https://www.startrek.com/database_article/star-trek-the-next-generationsynopsis. The United Federation of Planets (the "Federation") includes among its citizens humans from the planet Earth as well as Vulcans, who are known for their preference for rationality and logic, as well as beings from other planets. See Paramount Pictures Corp. v. Axanar Prods., Inc., No. 2:15-CV-09938-RGK-E, 2017 WL 83506, at *1, *4 (C.D. Cal. Jan. 3, 2017)

 

[EnderAKH]

While true, I would be surprised if Abdin appeals further, and then shocked if the Supreme Court actually takes up the case.

I have no douibt the Supremes would deny their Writ of Certiorari. But I wouldn't put it past them to try. Which brings me back to a question I had ages ago...NOW what? What now for the believers in this cause? Two courts have said they aren't substantially similar, the Supreme Court is unlikely to take it up if they tried, so does anyone who believed in this cause NOW believe that those of us who said there was no case here were right, or do they just think the court is wrong/CBS bought them off/[insert other conspiracy theory here]?

 

[saladdays]

I have no douibt the Supremes would deny their Writ of Certiorari. But I wouldn't put it past them to try. Which brings me back to a question I had ages ago...NOW what? What now for the believers in this cause? Two courts have said they aren't substantially similar, the Supreme Court is unlikely to take it up if they tried, so does anyone who believed in this cause NOW believe that those of us who said there was no case here were right, or do they just think the court is wrong/CBS bought them off/[insert other conspiracy theory here]?

Anyone reasonable would likely agree that there is no case here (although most reasonable people already believed that). But most of the those that still are in Abdin's camp probably are going to go with the conspiracy theories. Maybe some of them might be swayed, but I can't imagine it will be a whole lot.