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Case dismissed! Discovery and Tardigrade game "not similar"

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I feel like Bill & Ted now, having to do my History Presentation. Uhhh... 300-something BC? Not looking that up because that's like cheating on the test! :p
Well, I can't remember ;)

Therefore, on the basis of this judicial precedent, wholly irrelevant and inadmissible, CBS must be found guilty of copyright infringement, mismanagement of Star Trek, and general, all around, not being very nice. For this heinous crime they are to forfeit all rights of Star Trek to the plaintiff. Star Trek Discovery to be declared noncanon as a precautionary measure so that companies never do this again.

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If I were the plaintiff, I wouldn't take settlement monies (which would undoubtedly also include some kind of draconian arbitrating document stating I could never use the IP that they stole). I'd want it to go all the way to a hearing because the entire concept of the show is based very solidly on the Tardigrades concept, and I would either want the show shut down or serious royalties for every episode produced.
If I were the plaintiff, I'd take a settlement of any significant size, because it's probably all I'd get. But then, I wouldn't be in this position if I were him, because I wouldn't have sued in the first place because the whole thing is totally stupid.
 
It is entirely within the realm of possibility that within a population of 7 billion people two people may end up having similar ideas.

I well recall video articles of quirky discoveries about tardigrades (memes on Facebook, etc) long before DSC featured a giant one. I fully believe that its possible for two sets of writers might use tardigrades in a science fiction context at the same time. Tardigrades are weird.

DSC had no qualms about promoting the mushroom theories of the real Paul Stamets, even naming a main character after him. Had they wanted to use someone else's tardigrade ideas, they would have explored similar options.

Remember "Arena" (TOS)? Even though the TV script was supposedly developed independently by Gene Coon, someone noticed a similarity to Fredric Brown's short story, Coon thought he might have once read it, and the show bought the rights just in case. Even Brown didn't think the script infringed on his story, IIRC.
 
I'm not terribly familiar with this case, but I tend to be leery about these kind of lawsuits. Yes, of course, people have been ripped off in the past, as Harlan Ellison can attest, but people can also overestimate just how "unique" their ideas are and underestimate how often different people can come up with similar ideas independently.

"I self-published a comic book about Bigfoot fighting vampires ten years ago. Now there's a big new movie about Bigfoot fighting vampires, which is obviously ripped off from my comic because there's no way anyone else could possibly come up with the idea combining Bigfoot with vampires . . . ." :)
 
I stumbled across this article today, which talks about the current status about the Star Trek Discovery Tardigrades plagiarism lawsuit. It seems that CBS / Netflix feel like they need more time to respond to it (a red flag, in my opinion, given that the typical boilerplate response to a corporation being sued combines equal parts feigned indignity and bewilderment). Both CBS and Netflix have been served with summonses, which means that the case is now, indeed, headed to court.
What, about anything you've written above or in the article, makes you believe "it's going to court"?
 
This guy is going to waste a lot of money and time he would better spend buying a shredder and putting his money in that.
It certainly sounds that way. My superficial (and quick) reading of that Axamonitor article makes it sound like he may have been approached by multiple "IP ambulance chasers" and he chose a pair that don't even know how to file properly.
 
No matter how this develops: GOSSIP! :biggrin:
Something to entertain us until new Star Trek content drops! Yay.

(On a side-note: The fact that the lawsuit wasn't immediately dismissed proves there is at least a case to be heard. I'm betting hard on "settle out of court" - the only question being, depending on how "solid" the presented material actually is, is wether it's "barely-enough-to-cover-his-legal-costs", or if he's actually going to get a little money and a press release out of it)
 
Lemme guess, the vampires were looking for getaway camping trip, and Bigfoot was displeased as he prefers his privacy. Chaos—and hi-jinks— ensue.

In the end, Bigfoot has The Gift.
 
Lemme guess, the vampires were looking for getaway camping trip, and Bigfoot was displeased as he prefers his privacy. Chaos—and hi-jinks— ensue.

In the end, Bigfoot has The Gift.

I'd watch that. Do the vampires have BEARDS?
 
I fully believe that its possible for two sets of writers might use tardigrades in a science fiction context at the same time. Tardigrades are weird.

Specifically in the context of enabling FTL travel? That's a pretty remarkable coincidence, particularly since they weren't 'at the same time'. One preceded the other by three years.

Bear in mind modern Trek has precedcence for this, such as lifting the plot for 'Clues' directly from Red Dwarf.

I'm not picking sides though, that's the judge's job.

CBS is a corporation, it exists to extract money from us. There are other entities that exist to extract money from CBS to defend it. Let them feed off each other, there's no reason to defend CBS for free.
 
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I think the whole thing is a big stretch, but CBS may just pay to have it all go away.

Also, will the guy have to prove that somebody associated with the show actually saw his material on the backwaters of the internet, or can it be assumed legally that is a given?

If the former, then it's probably going to be a very steep hill to climb.
 
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