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Case dismissed! Discovery and Tardigrade game "not similar"

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Refuge said:
Well, and this just an opinion, just like everyone's 'opinions'... but there were similarities in his work and Discovery. The side by side comparisons show that, I don't think this guy is totally delusional. So he had this game/site and watches Discovery and he thinks, what the shit?? That looks like my stuff, they've ripped my Ripper off! However he hasn't the money or the legal advantages the other side has.
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Refuge said:
Yeah or coincidence :whistle:
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The timeline of the development events of the game and Discovery doesn't work at all for CBS to have copied it easily.

Read this post by Campe98 (#1367)
https://www.trekbbs.com/threads/its-going-to-court.296468/page-69#post-12903807

And this post here (#1381)
https://www.trekbbs.com/threads/its-going-to-court.296468/page-70#post-12904459

Basically the biggest thing Adbin claims Discovery stole, the Tardigrade going FTL, wasn't publicly revealed by him until after Discovery Season 1 was already filming episodes 9 and 10.
 
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Krandor said:
They did. They argued that the facts of his case didn't rise to a copyright claim

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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Just to add to that...

If one takes a look at the sequence of videos Abdin has released since filing the suit, one will find that he has actually been slightly altering his original concepts each time, to be more in line with what he is trying to sue CBS for.

Now, that's a great way to get a ton of sympathy from the folks who are riding the 'I Hate Discovery Bandwagon', but we have already seen that his lawyer had to admit to and correct one of their filings due to this.

Not a great way to make points with the Court.
 
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 has been given the opportunity to do so by the way of limited discovery which, as Carlos suggested in his latest article, ended March 19th. It has been six weeks. For some reason that we are not privvy to, Schofield has not come to a decision regarding this. It may be any of number of reasons, from Abdin's father's failing health and sad passing to Schofield simply having a busy docket. What I find interesting now is that Abdin has a plea out to his readers asking for anything to help him in his case. I find that behavior to be not only a little suspect, but also desperate. As @Tuskin38 just posted re: my timeline of events, I have a hard time with this going down as Abdin presented it. But, if he has evidence to present and it is clear and convincing, I'm absolutely willing to entertain him proceeding with his case.
 
Campe98 said:
He has been given the opportunity to do so by the way of limited discovery which, as Carlos suggested in his latest article, ended March 19th. It has been six weeks. For some reason that we are not privvy to, Schofield has not come to a decision regarding this. It may be any of number of reasons, from Abdin's father's failing health and sad passing to Schofield simply having a busy docket. What I find interesting now is that Abdin has a plea out to his readers asking for anything to help him in his case. I find that behavior to be not only a little suspect, but also desperate. As @Tuskin38 just posted re: my timeline of events, I have a hard time with this going down as Abdin presented it. But, if he has evidence to present and it is clear and convincing, I'm absolutely willing to entertain him proceeding with his case.
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Let's hope he doesn't do anything dumb like and try to edit new information into his old blog posts.
 
Tuskin38 said:
Let's hope he doesn't do anything dumb like and try to edit new information into his old blog posts.
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One could surmise that after having to amend and admit to the error of one of the previous writs due to something akin to this...,
Abdin's lawyer has most likely already warned him not to go there again.
 
seigezunt said:
I definitely think that when this fiasco is gratefully put to bed, the narrative from the YouTube Poo-Stirrers Corner is going to be Abdin was in the right, CBS ripped him off, but they were able to get away with it because they had slick high-priced lawyers and connections.
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That and the same thing that's been present here "CBS won by a technicality. He never got a chance to present his case to a jury and got robbed. A jury would have seen what CBS did but he wasn't given the chance".
 
Tuskin38 said:
Let's hope he doesn't do anything dumb like and try to edit new information into his old blog posts.
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Well, that's where the clear and convincing part comes in. CBS' attorneys most certainly have archived copies of his blogs from as early as when the lawsuit started, and the edit logs can be subpoenaed if there are any questions.
 
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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All the evidence presented so far that has been publicly released strongly suggests that Abdins case is fairly thin. Perhaps the judge has a busy docket, or maybe there's something there that the reporters missed that can strengthen his case.
It also appears that Abdins legal counsel, having made numerous filing errors in the beginning of the case, may not be up to scratch. Regardless of how much or how little merit his case has, he is deserving of his day in court with appropriate legal representation.
 
seigezunt said:
I definitely think that when this fiasco is gratefully put to bed, the narrative from the YouTube Poo-Stirrers Corner is going to be Abdin was in the right, CBS ripped him off, but they were able to get away with it because they had slick high-priced lawyers and connections.
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Oh, this will be the spin no matter what. Big corporations equal evil after all.
 
Jedman67 said:
It also appears that Abdins legal counsel, having made numerous filing errors in the beginning of the case, may not be up to scratch. Regardless of how much or how little merit his case has, he is deserving of his day in court with appropriate legal representation.
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He is having his day in court with the lawyers HE picked. Unless they do something against bar policies, that is all he's entitled to.
 
Krandor said:
He could but so far he hasn't so he must be fine with them.
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Dude, I'd have kicked that attorney to the curb after the second misfiling of my petition. I have grace but certainly not that much. There also may be issues beyond Abdin's control that we are unaware of. If the attorney is doing this pro bono, it makes a ton of sense. If he can't afford a decent attorney, I get it. But in this case, it might be a little harder for David to slay Goliath.

Okay, a lot harder.
 
Campe98 said:
Dude, I'd have kicked that attorney to the curb after the second misfiling of my petition. I have grace but certainly not that much. There also may be issues beyond Abdin's control that we are unaware of. If the attorney is doing this pro bono, it makes a ton of sense. If he can't afford a decent attorney, I get it. But in this case, it might be a little harder for David to slay Goliath.

Okay, a lot harder.
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I would have too. Everything about the lawyers scream ambulance chaser type lawyers that seem to be a 1 or 2 person small firm. Not exactly the best to go up against CBS and Netflix.

I bet these lawyers are operating on contingency expecting as I said before for CBS to simply settle.

The problem here for Abdin is don't think a good lawyer would want to touch this case especially on a contingency type basis for all the reasons we've discussed in this thread. These likely are the best he can get.
 
Krandor said:
The problem here for Abdin is don't think a good lawyer would want to touch this case especially on a contingency type basis for all the reasons we've discussed in this thread. These likely are the best he can get.
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Absolutely my thinking.
 
Abdin indicated back in the beginning that he shopped around for a lawyer and was apparently rejected by several.
The one he has is the only one that would take the case.
 
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