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Case dismissed! Discovery and Tardigrade game "not similar"

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Shoot this right in my veins

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So I support companies fighting baseless legal cases pushed by one-note, lying hate channels? Suits me just fine.
 
I truly feel bad for the guy at this point. I mean, the case was groundless, but the way all those Youtube grifters were pumping him up (for their own gain btw), and now encouraging him to appeal.
Yeah, his attorneys took this case on contingency, I doubt seriously they'd be willing to gift him with further legal services for which their chances of being paid are nonexistent.

Wonder if we'll hear from the folks who posted in this thread their belief that it was "obvious" that Ripper was a copy of Abdin's design and that Abdin would be vindicated.

Although I agree with others who feel the judge made up her mind long ago that the two characters weren't similar, it sure couldn't have helped Abdin's case when all those productions and articles about generic tartigrades started showing up around the internet. Interesting though, that the judge ruled 'no similarities' and not that a generic tartigrade could not be copyrighted.

Obviously the work of the Deep State. :lol:
 
Yeah, his attorneys took this case on contingency, I doubt seriously they'd be willing to gift him with further legal services for which their chances of being paid are nonexistent.

Wonder if we'll hear from the folks who posted in this thread their belief that it was "obvious" that Ripper was a copy of Abdin's design and that Abdin would be vindicated.

Although I agree with others who feel the judge made up her mind long ago that the two characters weren't similar, it sure couldn't have helped Abdin's case when all those productions and articles about generic tartigrades started showing up around the internet. Interesting though, that the judge ruled 'no similarities' and not that a generic tartigrade could not be copyrighted.

Obviously the work of the Deep State. :lol:

The judge did say generic tardigrades couldn’t be copyrighted. That was in there too.
 

Huh. Not sure how to feel about that one.

I DO agree with the case being dismissed. I do not agree with the reason it's dismissed though.

It's been my position from the beginning that the concept of the blue sparkling, human sized FTL tardigrade IS very close in concept.

What exonerates CBS in my opinion is the timeline, that makes it 100% clear both parties developed the idea at the same time: Abdin published his tardigrade in a trailer first. But at the time of his trailer, DIS had already been deep in post-production, meaning all Tardigrade scenes had already been filmed as well (just not published yet).

As I see it, it's still a freakin' similarity. It's just a coincidental similarity, as both parties came up with it provable independent of another, and thus CBS didn't steal anything. But saying these works share "no substantial similarity" is in my opinion a mis-judgement.
 
Thread title changed to reflect the news.

Sidenote: I do not necessarily agree with the re-naming of the thread title either. The original name was: "It's going to court!"

The new name clearly includes a judgement call - "not similar" (one I don't even agree with, even though I agree with the case being dismissed).

I think any re-naming by mods should retain the spirit of the original name, in this case a neutral one:

"It never went to court!"
... would have IMO been better:guffaw:
 
Sidenote: I do not necessarily agree with the re-naming of the thread title either. The original name was: "It's going to court!"

The new name clearly includes a judgement call - "not similar" (one I don't even agree with, even though I agree with the case being dismissed).

I think any re-naming by mods should retain the spirit of the original name, in this case a neutral one:

"It never went to court!"
... would have IMO been better:guffaw:
I think it should be ... "In Court, Thy Will Be Done"

;)
 
It's been my position from the beginning that the concept of the blue sparkling, human sized FTL tardigrade IS very close in concept.

As I see it, it's still a freakin' similarity. It's just a coincidental similarity, as both parties came up with it provable independent of another, and thus CBS didn't steal anything. But saying these works share "no substantial similarity" is in my opinion a mis-judgement.

... okay.

This is one of these cases where there's "invisible brackets". There is "no substantial similarity [that proves that the defendant copied the plaintiff's work]" is what the judge is saying. She does not say that there are no similarities, she's claiming that at no point. She's saying that any similarities you do see are relatively random things born from real life facts, genre conventions, and just plain coincidence of which none point to plagiarism.

And to reiterate: the similarities regarding the tardigrades boil down to "huge, can travel through space and facilitate space travel for humans". But how it is done in the game concept and the show is completely different. In the game concept the tardigrade is the space ship, in Discovery it is a living navigator/interface for space ships in concordance with what actually facilitates the space travel, which is the mycelial network and its spores. In that way it owes more to guild navigators from Dune, or maybe even Pilot from Farscape than anything shown in Abdin's concept art/blog/videos. What else is there to compare between the two of them? The color is different (any blue on Ripper is the result from season 1's ubiquitous blue ambient lighting, he's muddish brown green), it's similarities in looks are based on the same real life animal, it's usage as a creature travelling through space is from association with the same real life animal's well-publicized ability to survive in space, and it's size falls under scene a fair because sci-fi has a long history of either scaling tiny animals up or scaling the protagonists down to be visually more interesting or even more dangerous.

This is what the judge is talking about when she's talking of a difference in concepts, setting, characters and "overall feel". Saying that they are "very close in concept" is like claiming that ... dunno ... Mission Impossible and James Bond are "very close in concept" because they are both about white, male secret agents outfitted with marvelous technical gadgetry.
 
This is one of these cases where there's "invisible brackets". There is "no substantial similarity [that proves that the defendant copied the plaintiff's work]" is what the judge is saying. She does not say that there are no similarities, she's claiming that at no point. She's saying that any similarities you do see are relatively random things born from real life facts, genre conventions, and just plain coincidence of which none point to plagiarism.

And to reiterate: the similarities regarding the tardigrades boil down to "huge, can travel through space and facilitate space travel for humans". But how it is done in the game concept and the show is completely different. In the game concept the tardigrade is the space ship, in Discovery it is a living navigator/interface for space ships in concordance with what actually facilitates the space travel, which is the mycelial network and its spores. In that way it owes more to guild navigators from Dune, or maybe even Pilot from Farscape than anything shown in Abdin's concept art/blog/videos. What else is there to compare between the two of them? The color is different (any blue on Ripper is the result from season 1's ubiquitous blue ambient lighting, he's muddish brown green), it's similarities in looks are based on the same real life animal, it's usage as a creature travelling through space is from association with the same real life animal's well-publicized ability to survive in space, and it's size falls under scene a fair because sci-fi has a long history of either scaling tiny animals up or scaling the protagonists down to be visually more interesting or even more dangerous.

This is what the judge is talking about when she's talking of a difference in concepts, setting, characters and "overall feel". Saying that they are "very close in concept" is like claiming that ... dunno ... Mission Impossible and James Bond are "very close in concept" because they are both about white, male secret agents outfitted with marvelous technical gadgetry.
Yeah, it's a judgement call. I can certainly understand why it was made, and I can understand everyone that agrees with it.
I just personally don't - I think this is too close to be labelled as "similarities by genre conventions". Though it's a tight rope, and far from a definite "same" or "different".

I think they did right by dismissing the case (because both parties came up with the Tardigrade independently). But I do think the similarity of the Tardigrade are substantial, and warranted the scrutiny in the first place.

(All other "similarities" claimed by Abdin though - blue uniforms, grey corridors, characters etc. are clearly just generic though and have no merit)

The quote is from the judge herself in the written judgment. Knowing it would get questioned, I used her exact words :)
Yes, you made sure to quote it correctly. It's still a judgement call in a title where there was none before. That's the part I don't like.

If there was a thread called "Will PIC actually be good?", I think it would be wrong for a mod to rename once it airs it into ""PIC best thing since sliced beef", most reviewers say". Even though it's a direct quote from an authority (a reviewer) - it's still putting a judgement in a title where there was none before. A better change of title would be "Do you think PIC was actually good?". Because that better captures the original quest title, just updated to reflect the new facts.

As such, "judge says no similarities" is not wrong. But it"s simply not the same thread as "thing goes to court". I agree with "case dismissed" - that part is factually true. "No substantial similarity" is an opinion. By an authority. With legal weight. But still only an opinion.
 
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