Case dismissed! Discovery and Tardigrade game "not similar"

[DaveyNY]

Going on YouTube to make somewhat false statutory claims, could really backfire in his face.
The Judge may not be all that forgiving IF it gets back to her.
Plus, he could possibly open himself up to a counter suit by CBS.


This kid really needs to stop feeding his emotions off internet stupidity.

 

[Locutus of Bored]

This kid really needs to stop feeding his emotions off internet stupidity.

I find that in life, when someone named Doomcock with a metal mask gives you sage legal advice in a YouTube video, you take it. That's how I roll.

 

[drt]

I find that in life, when someone named Doomcock with a metal mask gives you sage legal advice in a YouTube video, you take it. That's how I roll.

After all, what could go wrong?

 

[marsh8472]

So If the judge rules against CBS on all counts then it would be as if the tardgrade and characters never existed? Or would fans refuse to accept the judges decision on the matter whether for or against the copyright claim? I don't envy their cleanup efforts in those scenarios

 

[Ovation]

If the judge rules against CBS on all counts

Madagascar will win Olympic gold in ice hockey before this happens.

 

[Campe]

So If the judge rules against CBS on all counts then it would be as if the tardgrade and characters never existed? Or would fans refuse to accept the judges decision on the matter whether for or against the copyright claim? I don't envy their cleanup efforts in those scenarios

If (and this is a HUGE if) the court ruled in the game creator's favor, CBS would likely need to pay him royalties anytime they were used.

 

[DaveyNY]

If (and this is a HUGE if) the court ruled in the game creator's favor, CBS would likely need to pay him royalties anytime they were used.

HUGMONGOUS would probably be closer in context.

Since everything this kid and his lawyers have done so far, hasn't exactly been up to the sniff-test, it's likely that even if they win, there will be very minimal monetary reward.
And due to late filings of just about every major aspect on their part, the lawyers will get nothing other than what they charge their client.

Even if the Judge rules in his favor, this is going to cost him more than anything his game will ever recoup.
(if he ever really gets to a point where it actually qualifies as a GAME)

 

[BillJ]

So If the judge rules against CBS on all counts then it would be as if the tardgrade and characters never existed? Or would fans refuse to accept the judges decision on the matter whether for or against the copyright claim? I don't envy their cleanup efforts in those scenarios

What cleanup? They would simply write a check and be done with it. There shouldn't be anything noticeable on our end.

 

[marsh8472]

What cleanup? They would simply write a check and be done with it. There shouldn't be anything noticeable on our end.

What if that's not an acceptable solution to the victim? If the victim requires a denouncement of IP rights of those ideas as a condition of a settlement agreement.

 

[BillJ]

What if that's not an acceptable solution to the victim? If the victim requires a denouncement of IP rights of those ideas as a condition of a settlement agreement.

That isn't what the victim is in this for.

 

[Campe]

HUGMONGOUS would probably be closer in context.

Since everything this kid and his lawyers have done so far, hasn't exactly been up to the sniff-test, it's likely that even if they win, there will be very minimal monetary reward.
And due to late filings of just about every major aspect on their part, the lawyers will get nothing other than what they charge their client.

Even if the Judge rules in his favor, this is going to cost him more than anything his game will ever recoup.
(if he ever really gets to a point where it actually qualifies as a GAME)

The level of bullshit behind the case is ridiculous. It relies on a ton of what-ifs and maybes.

IF someone from CBS was on the Steam community and...
IF they happened to see this game...
MAYBE they took the idea of a tardigrade who traveled through space and they...
MAYBE decided to cast actors who look like the drawings the game creator developed.

Nevermind the fact that when the series and game were in development, tardigrades were huge in the news which could lead to parallel development (not to mention the method that the tardigrades use is completely different) and I can assure you that any casting that happened was based, not on some random game that never was actually completed.

The guy should drop the suit and just finish his game. He's attracted the attention and should just run with it. The proof will be in the final product.

 

[CorporalCaptain]

Madagascar will win Olympic gold in ice hockey before this happens.

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[marsh8472]

The level of bullshit behind the case is ridiculous. It relies on a ton of what-ifs and maybes.

IF someone from CBS was on the Steam community and...
IF they happened to see this game...
MAYBE they took the idea of a tardigrade who traveled through space and they...
MAYBE decided to cast actors who look like the drawings the game creator developed.

Nevermind the fact that when the series and game were in development, tardigrades were huge in the news which could lead to parallel development (not to mention the method that the tardigrades use is completely different) and I can assure you that any casting that happened was based, not on some random game that never was actually completed.

The guy should drop the suit and just finish his game. He's attracted the attention and should just rung with it. The proof will be in the final product.

That's what the discovery process is for (discovery the legal term). He could force CBS to produce documents and answer questions under oath then discover plagerism.

 

[Campe]

That's what the discovery process is for (discovery the legal term). He could force CBS to produce documents and answer questions under oath then discover plagerism.

I understand the legal system. I work in the legal system. I've read the multiple complaints in this case. It is HIGHLY unlikely with the legal team he has he will be able to prove any of the substantial similarity he is attempting to.

I am just being realistic based upon an informed opinion.

 

[Locutus of Bored]

This breakdown of the various claims, court cases, settlements, and results against James Cameron's films over the years should prove useful in determining how these things often work out given varying degrees of supporting evidence. I'm not saying that the Tardigrades lawsuit has the same level of merit as all of these, just giving some examples of how other cases played out for information purposes.

https://io9.gizmodo.com/a-history-of-plagiarism-claims-against-james-cameron-690974718

And here's how the Roger Dean case against Avatar (the last one mentioned, which was newly filed at the time of the article) worked out:
https://www.hollywoodreporter.com/thr-esq/james-cameron-wins-avatar-idea-733904

 

[DaveyNY]

What if that's not an acceptable solution to the victim? If the victim requires a denouncement of IP rights of those ideas as a condition of a settlement agreement.

The lawyers have already expressed what they wish in compensation with their first filing.
(some of which they themselves have already acknowledged won't happen with further filings)
It's too late to add anything else on.
Now on the other hand, the Judge could decided to to up the ante, but personally, I'd rather try and roll 'snake eyes' four times in a row with a pair of dice, the odds are much better.

 

[ozzfloyd]

What if that's not an acceptable solution to the victim? If the victim requires a denouncement of IP rights of those ideas as a condition of a settlement agreement.

Your wishful thinking (and Abdin's) doesn't make any of this remotely likely.

 

[Tuskin38]

Guys it's marsh, he won't care what you say if it means trashing on Discovery.

CBS clearly doesn't think this is a problem, they've already mentioned the Tardigrade again in Season 2, and have given approval to Star Trek Online to use their Tardigrade design since the lawsuit started.

 

[marsh8472]

I understand the legal system. I work in the legal system. I've read the multiple complaints in this case. It is HIGHLY unlikely with the legal team he has he will be able to prove any of the substantial similarity he is attempting to.

I am just being realistic based upon an informed opinion.

Even if no plagiarism occurred companies often settle rather than fight it for financial reasons. I'm sure CBS launched an internal investigation already. It would be unfortunate for them if the idea was stolen.

 

[DaveyNY]

Guys it's marsh, he won't care what you say if it means trashing on Discovery.

CBS clearly doesn't think this is a problem, they've already mentioned the Tardigrade again in Season 2, and have given approval to Star Trek Online to use their Tardigrade design since the lawsuit started.

My bad...