Case dismissed! Discovery and Tardigrade game "not similar"

[Takeru]

How is his still going on? This guy has no case, "giant space travelling tardigade" is the only similarity and it is absolutely believable two people come up with that on their own. But even if he could somehow find proof that the DSC writers looked at his stuff he still wouldn't have a case, like an article on this case pointed out you can copyright "Harry Potter", you can't copyright "boy discovers he's a wizard and goes to magic school".

 

[Mudd]

How is his still going on?

Because it's not as simple as you'd like? There's a thought.

 

[Takeru]

Because it's not as simple as you'd like? There's a thought.

But it is, he cannot win.

 

[fireproof78]

But it is, he cannot win.

Doesn't mean it isn't worth fighting. He is entitled to due process after all if he believes he has a case. He clearly does. Let him do with it what he will.

 

[gblews]

A show of solidarity for...existing? This lawsuit didn't exist when the Orville pilot aired, let alone when it was being written.

A show of solidarity between sci-fi writing rooms, both of whom are subject to frivolous lawsuits such as the one that is the subject of this discussion.

I don't know what The Orville's "pilot" has to do with this discussion. Per the o/p, The Orville's mention of a tartigrade came in The Orville's season 2 premiere.

Yeah, I think the best part about It going to court! is that we may learn more cool BTS stuff.

Not "going to court".

 

[Gepard]

The Orville's mention of a tartigrade came in The Orville's season 2 premiere.

Ah, I missed that. I didn't know season 2 had premeired so I saw the word and assumed the series premiere last year.

 

[Locutus of Bored]

Season 2 of The Orville doesn't premiere until December 30th, and the mention of the tardigrade was in the Season 1 premiere last year.

 

[gblews]

^ Whoops, my bad, evidently.

 

[CorporalCaptain]

He is entitled to due process after all if he believes he has a case. He clearly does. Let him do with it what he will.

Exactly.

 

[Campe]

This will settle out of court.
Not because it’s “complicated” as some suggest.
Not because Discovery ripped off the game.
But because it will cost a lot more for all parties if the MTD isn’t granted.

 

[Refuge]

Doesn't mean it isn't worth fighting. He is entitled to due process after all if he believes he has a case. He clearly does. Let him do with it what he will.

Due process... nice to know it still counts for something.

 

[Mudd]

But it is, he cannot win.

Stay out of court if you can.

 

[fireproof78]

Due process... nice to know it still counts for something.

Not sure what it counts for but it's nice to at least think about it.

 

[LJones41]

They wouldn't have a leg to stand on. Credit to Mr Lucas for all he did, but coming up with an original story or worldbuilding isn't one of them. He pretty much based everything he did off of old 1930's serials and golden age sci fi.

Are you saying that George Lucas was not responsible for the world building of the six "Star Wars" movies?

 

[Tuskin38]

Are you saying that George Lucas was not responsible for the world building of the six "Star Wars" movies?

Read what you quoted, it gives you the answer.

Also 7 movies. Lucas contributed some ideas to episode 7. The idea of a female force user, Luke living alone in exile on island, Luke reluctantly training a new Jedi. There might be more.

 

[Rahul]

This will settle out of court.
Not because it’s “complicated” as some suggest.
Not because Discovery ripped off the game.
But because it will cost a lot more for all parties if the MTD isn’t granted.

I guess so too.
It's "complicated enough" in that it's not easily dismisable out of hand.
But for CBS to completely re-iterate their creative process in the open to prove their complete independance of the idea is a pain in the ass, and the guy's claims are probably not good enough to insist on a court judgement. Settling at this point is their best option.
Just expect some grandstanding from both sides to get an edge in the negotiations...

 

[Noname Given]

I guess so too.
It's "complicated enough" in that it's not easily dismisable out of hand.
But for CBS to completely re-iterate their creative process in the open to prove their complete independance of the idea is a pain in the ass, and the guy's claims are probably not good enough to insist on a court judgement. Settling at this point is their best option.
Just expect some grandstanding from both sides to get an edge in the negotiations...

The size of the Settlement will depend on what (if any) parts of the MTD the Judge decides to grant <---- The overall 'strength of the case' is usually the main factor in what gets offered to a Plaintiff.

 

[Krandor]

How is his still going on? This guy has no case, "giant space travelling tardigade" is the only similarity and it is absolutely believable two people come up with that on their own. But even if he could somehow find proof that the DSC writers looked at his stuff he still wouldn't have a case, like an article on this case pointed out you can copyright "Harry Potter", you can't copyright "boy discovers he's a wizard and goes to magic school".

Because court cases take a lot of time. This isn't even at step 2 yet which is the answer to the complaint. Then you have motions and hearings and discovery... if this goes to trial won't be for at least a year if not longer. Since his lawyers appear to be unprepared CBS lawyers may try to file as many motions and stuff as they can.

 

[Krandor]

The size of the Settlement will depend on what (if any) parts of the MTD the Judge decides to grant <---- The overall 'strength of the case' is usually the main factor in what gets offered to a Plaintiff.

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.

 

[CorporalCaptain]

This will settle out of court.
Not because it’s “complicated” as some suggest.
Not because Discovery ripped off the game.
But because it will cost a lot more for all parties if the MTD isn’t granted.

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?