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Case dismissed! Discovery and Tardigrade game "not similar"

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I don't understand why you are confused. Has the judge not been entertaining the legal procedures?

Read up thread her name is Judge Schofield I believe. Carlosp has a couple of posts on the subject.
 
Refuge said:
I don't understand why you are confused. Has the judge not been entertaining the legal procedures?

Read up thread her name is Judge Schofield I believe. Carlosp has a couple of posts on the subject.
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What other possibility is it you think we should've expected? Do you realize that these 'legal procedures' are exactly the required procedure for determining whether the case has merit or not? The judge literally can't just read the complaint and say 'Nah, sounds dumb, case dismissed'. Abdin had to be given the opportunity to present some kind of argument and evidence, so he was given that opportunity. That's literally all that's happened so far.
 
Disco!Disco! said:
Of course she is "entertaining" the legal procedure. She can't just say "case dismissed" all on her own.
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I never said that. I said 'legal direction'. Now I see why you were troubled :)

See: "... and has entertained the legal procedures for so long. She should've just swung by this forum and got her legal direction from Discovery fans".

I was being cheeky!
 
Disco!Disco! said:
Nope. This very much implies that you believe the judge wouldn't have let the suit continue if she knew Abdin's case was so fundamentally wrong.
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You are quite wrong and please don't put words in my mouth. You would quote me otherwise. What I was implying is that the judge should have got her legal direction from all us armchair Discovery fans. It was kind of a joke...
 
Disco!Disco! said:
I did quote you.



What does "entertained the legal procedures" mean then?
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You did not quote me with what you wrongly implied or for that matter the quote "case dismissed". Never said that.

I have no problem with saying legal procedures but it means... er legal procedures. I seriously am scratching my head why this is an issue for you. At the end of the day I would like to see this guy get his day in court but if it doesn't happen so be it.
 
grendelsbayne said:
What other possibility is it you think we should've expected? Do you realize that these 'legal procedures' are exactly the required procedure for determining whether the case has merit or not? The judge literally can't just read the complaint and say 'Nah, sounds dumb, case dismissed'. Abdin had to be given the opportunity to present some kind of argument and evidence, so he was given that opportunity. That's literally all that's happened so far.
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Er yeah. I actually agree. I think I might be one of the meagre few that wouldn't mind this guy presenting a case.
 
Refuge said:
If CBS/Discovery have nothing to hide they should stand up for themselves instead of angling for a dismissal.
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They did stand up for themselves, and said this is nonsense. And if it is nonsense, it is wasting valuable resources of the court and needs to be dismissed.
 
serabine said:
They did stand up for themselves, and said this is nonsense. And if it is nonsense, it is wasting valuable resources of the court and needs to be dismissed.
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Well they would say it is nonsense because they potentially ripped this guy off.
 
serabine said:
They did stand up for themselves, and said this is nonsense. And if it is nonsense, it is wasting valuable resources of the court and needs to be dismissed.
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They said a lot more then say it’s nonsense. The mtd laid out a lot of arguments and timelines that don’t make. It contains a lot.
 
Refuge said:
Er yeah. I actually agree. I think I might be one of the meagre few that wouldn't mind this guy presenting a case.
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He is presenting a case. But unlike TV shows, real cases have to go through all the steps in the proper order. That is exactly what has happened so far. Among those steps is an opportunity for the accuser to present compelling evidence (which Abdin has attempted) and an opportunity for the accused to have the case dismissed (which CBS have attempted). Each side is awaiting the judge’s ruling. Neither side has been denied anything to which they are entitled procedurally. If the judge sides with Abdin, he gets to move to the next step in the ongoing process of presenting his case. If the judge sides with CBS, the case will, quite correctly and appropriately, end.

Whichever side one finds sympathetic, one thing is incontrovertible. Abdin is presenting his case. He’s NOT being denied “his day in court” simply because real life court proceedings lack the drama and speed of their Hollywood simulations.
 
Ovation said:
He is presenting a case. But unlike TV shows, real cases have to go through all the steps in the proper order. That is exactly what has happened so far. Among those steps is an opportunity for the accuser to present compelling evidence (which Abdin has attempted) and an opportunity for the accused to have the case dismissed (which CBS have attempted). Each side is awaiting the judge’s ruling. Neither side has been denied anything to which they are entitled procedurally. If the judge sides with Abdin, he gets to move to the next step in the ongoing process of presenting his case. If the judge sides with CBS, the case will, quite correctly and appropriately, end.

Whichever side one finds sympathetic, one thing is incontrovertible. Abdin is presenting his case. He’s NOT being denied “his day in court” simply because real life court proceedings lack the drama and speed of their Hollywood simulations.
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Exactly. Going before a jury isn’t required to have his day in court.
 
Refuge said:
If CBS/Discovery have nothing to hide they should stand up for themselves instead of angling for a dismissal.
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They did. They argued that the facts of his case didn't rise to a copyright claim

The treatment anticipates that the video game will include “a plot twist” and several themes (“slavery, secrecy, and espionage”), but provides no details concerning the plot or themes. It also includes short vignettes briefly describing seven ofthe game’s characters, with no description spanning more than a few sentences.

With respect to tardigrades, the 2018 Treatment depicts a blue tardigrade enveloping a man (the Carter character) on its first and eighth pages, but provides little explanation of tardigrades’ role in the game.
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The Video Compilation includes scant depictions of tardigrades in any of the materials Plaintiff posted on the Internet. As an initial matter, the blog posts (Video Compilation at 29:49- 42:39) feature no tardigrades at all, except as shown in the videos. With respect to the videos, the first set of 14 videos relate to Plaintiffs original Epoch game concept {id. at 0:00-20:18), none of which depict any tardigrades.
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in just one of the Tardigrades related videos, there is a 13-second sequence in which an enlarged blue tardigrade appears behind Plaintiffs Carter character, hugs him from behind and drifts offinto space (Video Compilation at 29:20-33):

This “tardigrade-hug” sequence appears only in this single video (available at the above-referenced URL, https://www.voutube.com/watch?v=ikHgCwM84LY). which was posted to YouTube on July 12, 2017, just two months before Discovery aired.
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Though this blog post references “space travel,” no mention is made anywhere in the 2018 Treatment or in any of the materials contained in the Video Compilation that Plaintiffs tardigrade is capable of “instantaneous” space travel, as incorrectly alleged in the complaint. (TAC ^ 24).
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In sum, other than the common use of a tardigrade, the only “similarities” that exist between the tardigrade as depicted in episodes 4 and 5 of Discovery and in Plaintiffs 13-second clip (Video Compilation at 29:20-33) is that both tardigrades are enlarged and can move through space. Spacefaring tardigrades — including enlarged fictional tardigrades — are, of course, not original to Plaintiff. {See Hwang Deck, Exs. 1-10).
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Distilled against the parties’ actual works (Peter F. Gaito, 602 F.3d at 64), the crux of Plaintiffs copyright claims (TAC 24, 26) amounts to the contention that Discovery's Ripper character infringes on his purportedly “novel” use of a space-faring tardigrade in the only depictions appearing in his works: the less-than-one-second sequence of a tardigrade fading into space (e.g. Video Compilation at 23:24) was first posted to the Internet on July 29, 2015 (Hwang Deck, Ex. 12), and the 13-second clip depicting the tardigrade-hug sequence (Video Compilation at 29:20-33) that was first posted on July 12, 2017 (Hwang Deck, Ex. 13). That fundamental premise fails completely.
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and those are just for starters. CBS absolutely stood up that the Tardigrades were not copies and attacked with arguments every single claim that Abdin made.

The biggest problem he has which comes up multiple times in the MTD is the unfinished nature of the game. Because the game wasn't finished all the information that is out there is what was posted in trailers and bits and pieces here and there. In his mind and in his vision of the game he may have had all these things planned out that he was going to do (and may have already done) that he sees as similar to DSC but if it isn't in the material that was posted it doesn't count. I think that is what prompted this lawsuit and why he's so frustrated. He sees similarities in stuff he planned to do that isn't in what was published publically to-date. He would actually have an easier time if he could say "this game was released in 2012 and this was the plot of the game" but he can't and that is a huge problem.
 
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