Right. It is s judgement call he is right and the judge is the one with the authority to make that judgement call. Now it is a court order and decision and that carries a ton of weight.
Case dismissed! Discovery and Tardigrade game "not similar"
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Right. It is s judgement call he is right and the judge is the one with the authority to make that judgement call. Now it is a court order and decision and that carries a ton of weight.
How dare a judge...um...judge things... yeah, it's right there in the name isn't it?
The CBS nostra?
Or Section 31.
Naahh... it was the Sigma Iotians.
Oh, I bet they do.....
"Case dismissed" is a fact.
But the court decided there is no "substantial similarity" between the two Tardigrade. The thing is: This is still just a decision.
It is entirely possible to accept the judge decided that way, and still disagree with the decision.
As I said: The judge was entirely correct in dismissing the case, simply based on the production timeline of both properties. Nevertheless, I do think both Tardigrades are "substantially" similar, in both concept and execution.
That's why I think putting a quote of this decision in the title is not a great way of handling things. It would be a good title for a new thread. But very much misses the point of what this whole discussion had been about the last 105 pages.
But the court decided there is no "substantial similarity" between the two Tardigrade. The thing is: This is still just a decision.
It is entirely possible to accept the judge decided that way, and still disagree with the decision.
As I said: The judge was entirely correct in dismissing the case, simply based on the production timeline of both properties. Nevertheless, I do think both Tardigrades are "substantially" similar, in both concept and execution.
That's why I think putting a quote of this decision in the title is not a great way of handling things. It would be a good title for a new thread. But very much misses the point of what this whole discussion had been about the last 105 pages.
It’s not just a decision. It’s the official decision.
You are fine to disagree but the Judge explained in detail why she did not find the similarities substantial and her opinion is the one that counts.
The mechanism by which ripper and the games tardigrades travel is not the same. That is what led to it not being substantially similar.
There are more differences then similarities.
This cannot go understated. I said way back when this started that, if you look at the game as a whole - or at least examine everything that was available on the internet at the time - then it was quite evident that there was a lot of other elements that CBS could have counter-sued as being distinctly Star Trek in origin. And frankly, if CBS ever did take this as any kind of substantial threat, they would have buried him.
It may not be rhetorical, but it is inaccurate. Ripper was never shown to be capable of taking anyone with him. The ship powered its own jumps, they only needed Ripper's nifty Tardigrade brain for navigation purposes because he instinctively knew how to get where they wanted to go via the mycelial network.
And on the flipside, the abdin tardigrade was never shown to be capable of traveling anywhere at all. The actual footage he showed displayed it as essentially a biological transporter system. It hugs a human, human disappears in a shower of blue light, tardigrade is still there right in the exact same place.
Other what?
I liked that he explained (with the Denis the Menace example) that even with works that do have significant similarities to each other there still has to be shown that the accused party even had access to the allegedly copied material. That's a really important part, and what the deadline to the limited discovery Abdin was granted was all about.
I also was amused because in explaining what stuff is copyright protectable about Star Trek he says that they have the rights to Dr Spock.
Perhaps other giant spacefaring tardigrades? If that is the question, then the answer is yes. My son was watching a sci-fi cartoon the other day with such a creature. (Have no idea what it’s called, just overheard dialogue from the other room).
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