Case dismissed! Discovery and Tardigrade game "not similar"

[Krandor]

Speaking of keeping costs down, doesn't CBS have an incentive not to invite every Tom, Dick, and Hannah who's posted online about tardigrades, or fungus, or tardigrades and fungus sometime before DSC went into production to sue CBS on the expectation that they can get a settlement? Why should CBS settle, if they think they can actually win?

I'm wondering if CBS may take the track they did in another recent copyright case. A photogrphaer sued CBS for copyright infringement and CBS then went all through his social media, found a time he posted a picture from gunsmoke, and then counter-sued him.

CBS can get nasty in these kind of cases.

Also just as a point of information, the same law firm is handing this case that also handled the case where CBS sued the idiot that built a for-profit studio off star trek IP.

 

[Noname Given]

If it goes to discovery without a settlement, then the size will also be based on how strong the case looks based on what information is obtained in discovery. If CBS can provide for example a detailed timeline of all the tartigrade stuff then his negotiating room goes down and vice-versa if they can't.

I doubt it will get to discovery because I doubt the Plaintiff can afford the upfront costs (Yes, if the Plaintiff 'wins' a Judgement, he can get those costs reimbursed; BUT that's after everything has been adjudicated - including appeals.)

Bottom line: If it goes to discovery both sides have to pay their respective costs (for deposition space, a certified court reporter <-- That in itself isn't cheap; any fees charged by expert witnesses, further court costs and filing fees, etc.) So unless the Plaintiffs have deep pockets and expect a BIG windfall Judgement (which would take years because if any such Judgement is awarded against CBS, I can guarantee CBS would appeal ) .

I would expect the case to 'settle' at the first settlement conference after the Judge has ruled on CBS MTD - which CBS will; file because an MTD is ALWAYS filed in these types of cases.

 

[gblews]

Speaking of keeping costs down, doesn't CBS have an incentive not to invite every Tom, Dick, and Hannah who's posted online about tardigrades, or fungus, or tardigrades and fungus sometime before DSC went into production to sue CBS on the expectation that they can get a settlement? Why should CBS settle, if they think they can actually win?

Fighting lawsuits of this kind tooth and nail, no matter how big or small the case, making it as hard as humanly possible on plaintiffs is the way many corporations discourage these types of lawsuits. But ultimately, anyone can sue anyone for anything, still goes.

Even though CBS may think they can win, there is no way they will risk allowing a jury to decide the case (unless plaintiffs refuse all settlement offers). That could be a huge disaster because you just never know what a jury might do.

 

[carlosp]

DESTROYING DISCOVERY: In the latest on the Tardigrades copyright lawsuit vs. CBS/Netflix, the game developer suing over Star Trek: Discovery is raising the stakes: He wants all the show's profits and all copies destroyed. And a federal judge approves a 30-day extension for the networks to respond. Read more »

 

[Jinn]

 

[Grendelsbayne]

I could believe this guy had honest concerns and motivations at first, but at this point he's either pathetically starved for attention or totally delusional.

 

[CorporalCaptain]

One thing that's been piquing my curiosity is the allegation that the plaintiff's articles have "changes and embellishments."

Is that what it sounds like, that the plaintiff made alterations in the descriptions of his work and/or in his work in order to better make the case that CBS stole his ideas?

 

[CorporalClegg]

 

[Tuskin38]

One thing that's been piquing my curiosity is the allegation that the plaintiff's articles have "changes and embellishments."

Is that what it sounds like, that the plaintiff made alterations in the descriptions of his work and/or in his work in order to better make the case that CBS stole his ideas?

I heard the character Stamets was allegedly ripping off visually wasn’t revealed until after Anthony Rapp casting was announced.

 

[Rahul]

DESTROYING DISCOVERY: In the latest on the Tardigrades copyright lawsuit vs. CBS/Netflix, the game developer suing over Star Trek: Discovery is raising the stakes: He wants all the show's profits and all copies destroyed. And a federal judge approves a 30-day extension for the networks to respond. Read more »

Lol.
Good luck with that.

 

[Krandor]

I doubt it will get to discovery becase I doubt the Plaintiff can afford the upfront costs (Yes, if the Plaintiff 'wins' a Judgement, he can get those costs reimbursed; BUT that's after everything has bee adjudicated - including appeals.)

If that is true (and likely is) then if I'm CBS/Netflix I keep pushing the case and attempt to "starve him out" so to speak unless he is willing to agree to some real small amount (unlike the ridiculous number he's asking for).

 

[fireproof78]

DESTROYING DISCOVERY: In the latest on the Tardigrades copyright lawsuit vs. CBS/Netflix, the game developer suing over Star Trek: Discovery is raising the stakes: He wants all the show's profits and all copies destroyed. And a federal judge approves a 30-day extension for the networks to respond. Read more »

 

[DaveyNY]

Somebody's got delusions of grandeur , big time.


I wonder if the CBS lawyer fell off his chair laughing while reading that.

Isn't the lady character in the game a minor background one?
How does that even come close to compare to Burnham, who is the lead in DISCOVERY?
Can somebody actually lay claim to a generic character with the same skin color and sex?

This seems to me to be about the guy's lawyers going for broke at this point, rather than something that has actual merit.

 

[Noname Given]

DESTROYING DISCOVERY: In the latest on the Tardigrades copyright lawsuit vs. CBS/Netflix, the game developer suing over Star Trek: Discovery is raising the stakes: He wants all the show's profits and all copies destroyed. And a federal judge approves a 30-day extension for the networks to respond. Read more »

After reading that iot REALLY shows all they are trying to do is 'scare' CBS/Netflix into a settlement ("OMG! If the Judge does this...all our Star Trek plans are toast....")
^^^
Yeah, it's not going to work and depending on how ridiculous it gets, that may goad CBS into just taking this guy to the cleaners as even for a Jury, you need to make reasonable claims - and the Plaintiffs claiming the blue portion of ST: D's uniforms ripoff his game shots of a blue uniform? As Carlos pointed out in the article, given ENT - the ST: D uniforms are hardly a departure, and further, if you look at the front and the sides; about the ONLY thing in common with the game's uniform IS the color.

I still think this will probably just be settled; but the Plaintiff's lawyer really does seem out of his league is trying to push many of these claims as 'legitimate'. Yeah, there is some similarity WRT the game and ST: D both have Tardigrades. <--- Beyond that when you get into it further, there isn't much ,more than that.

As for the Plaintiff's idea of: "Look at all the activity on my site/game discussion forums - the ST: D producers MUST have seen it/read it and decided to totally steal my idea..." again:

Unless they can point to posts MADE by a member of the production team actually on the net talking about the game or game ideas in some form - it's 100% irrelevant.

It's like claiming someone you've NEVER met or talked to MUST KNOW you in fact personally exist because your name is in the Phone Book.

 

[XCV330]

DESTROYING DISCOVERY: In the latest on the Tardigrades copyright lawsuit vs. CBS/Netflix, the game developer suing over Star Trek: Discovery is raising the stakes: He wants all the show's profits and all copies destroyed. And a federal judge approves a 30-day extension for the networks to respond. Read more »

He also stipulates all proceeds from Matlock for the hell of it, and a 1 cent per use license fee of the letter "a" because he once used it in a sentence. The court is allowing him 30 days to find a way back to the alternate reality that he came from.

 

[dahj]

You're laughing now, but when they come with lasers to erase the memories of Discovery from your brain it won't be so funny!

 

[DaveyNY]

He also stipulates all proceeds from Matlock for the hell of it, and a 1 cent per use license fee of the letter "a" because he once used it in a sentence. The court is allowing him 30 days to find a way back to the alternate reality that he came from.

Yeah, isn't it usually 10 to 15 days for a response?
It does seem more like the court is giving this guy a month to seriously consider WTF he's doing, rather than allowing CBS more time to crucify him.

 

[DaveyNY]

After reading that iot REALLY shows all they are trying to do is 'scare' CBS/Netflix into a settlement ("OMG! If the Judge does this...all our Star Trek plans are toast....")
^^^
Yeah, it's not going to work and depending on how ridiculous it gets, that may goad CBS into just taking this guy to the cleaners as even for a Jury, you need to make reasonable claims - and the Plaintiffs claiming the blue portion of ST: D's uniforms ripoff his game shots of a blue uniform? As Carlos pointed out in the article, given ENT - the ST: D uniforms are hardly a departure, and further, if you look at the front and the sides; about the ONLY thing in common with the game's uniform IS the color.

I still think this will probably just be settled; but the Plaintiff's lawyer really does seem out of his league is trying to push many of these claims as 'legitimate'. Yeah, there is some similarity WRT the game and ST: D both have Tardigrades. <--- Beyond that when you get into it further, there isn't much ,more than that.

As for the Plaintiff's idea of: "Look at all the activity on my site/game discussion forums - the ST: D producers MUST have seen it/read it and decided to totally steal my idea..." again:

Unless they can point to posts MADE by a member of the production team actually on the net talking about the game or game ideas in some form - it's 100% irrelevant.

It's like claiming someone you've NEVER met or talked to MUST KNOW you in fact personally exist because your name is in the Phone Book.

It almost seems like both the lawyers and the plaintiff have no actual clue about the history of Star Trek Productions in general and they are grasping for straws based on that lack of knowledge.
Talk about walking into the lions den... wow.

 

[DaveyNY]

You're laughing now, but when they come with lasers to erase the memories of Discovery from your brain it won't be so funny!

I thought they just did this...

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What were we talking about... ?? ...

 

[dahj]

I thought they just did this...

That movie is Sony's property. If they did that they would be sued for infringement.

Lasers are public domain.