Totally! Here is the other topic on it but I'd rather not split my focus.
https://www.trekbbs.com/threads/did-cbs-steal-the-tardigrade-idea.290957/
So here's what I've got, sports fans!
The docs from the case are sparse but I do have them (right now, there are only four of them). Want a copy? PM me. I paid for these and have no qualms giving you a copy.
The Complaint
Complaint was filed August 19, 2018, in the Southern District of NY.
Anas Osama Ibrahim Abdin v. CBS Broadcasting, Inc. and Netflix, Inc.
Jury trial demanded. Plaintiff, a resident of Kuwait, claims copyright protection under the Berne Convention. Plaintiff claims his work was published via the Adventure Game Studio Forums.
Plaintiff is looking for $750-$30k per broadcast, plus actual damages and an injunction.
Civil Cover Sheet
Filed August 20, 2018. There are two separate law firms representing plaintiff.
John Johnson & Associates, 25 Broadway, 9th floor, NY, NY 10004
There is no website for this firm! The address corresponds to a co-working space, AKA a virtual office. (See:
https://www.wework.com/buildings/25-broadway--new-york-city--NY)
The only thing I could find was this:
https://www.avvo.com/attorneys/10007-ny-john-johnson-920036.html
Allan Chan, Esq., 30 Wall Street, 8th floor, NY, NY 10005
http://www.chanesq.com/
Notice of Submission
Filed August 20, 2018. This is a notice to the US Copyright Office, informing them that there is pending litigation. Docket #: 18-07543, dated August 19, 2018. Abdin has a copyright registration number: TX0008559280
Request for Issuance of Summons
Filed August 22, 2019. This doesn't necessarily mean service of summons was achieved on that date. Defense has 21 days to answer. Standard operating procedure is to grant at least one extension, often as a courtesy. Some lawyers play hardball this early. My experience with judges in NY (admittedly on the civil, state side, rather than federal) is that they don't play those games.
Results of a copyright search:
https://cocatalog.loc.gov/cgi-bin/P...KY3L3Vul3Bn&SEQ=20180825101526&CNT=100&HIST=1
Type of Work: Text
Registration Number / Date: TX0008559280 / 2018-06-28
Application Title: TARDIGRADES.
Title: TARDIGRADES.
Description: Electronic file (eService)
Copyright Claimant: Anas Abdin, 1978- . Address: Kuwait University, College of Computing Sciences & Engineering, Information Science Dept, P.O. Box 5969, Safat, 13060, Kuwait.
Date of Creation: 2017
Date of Publication: 2017-07-12
Nation of First Publication: United States
Authorship on Application: Anas Abdin, 1978- ; Domicile: Kuwait; Citizenship: Egypt. Authorship: text, artwork.
Pre-existing Material: text.
Basis of Claim: text, artwork.
Rights and Permissions: allan chan, Allan Chan & Associates, 30 Wall Street, Floor 8, new york, NY, 10005, United States, (212) 561-5490,
achan@chanesq.com
Names: Abdin, Anas, 1978-
Yeah, you may have noticed that registration date, June 28, 2018. The publication date is July 12, 2017. This is Mr. Abdin's sole listed copyright, per the US Copyright Office's search function.
In contrast, there are numerous copyrights for Disco. Here's one.
https://cocatalog.loc.gov/cgi-bin/P...EMZtnUAK6bLFIpwhRpJb&SEQ=20180825101724&SID=3
Type of Work: Motion Picture
Registration Number / Date: PA0002081927 / 2017-11-15
Application Title: STAR TREK: DISCOVERY - Show # 101 "The Vulcan Hello".
Title: STAR TREK: DISCOVERY : 101, The Vulcan Hello.
Description: Videocassette (Digital Betacam) ; 1/2 in.
Copyright Claimant: CBS Studios Inc. Address: 4024 Radford Ave., Admin Building, Room 390G, Studio City, CA, 91604, United States.
Date of Creation: 2017
Date of Publication: 2017-09-23
Nation of First Publication: United States
Authorship on Application: CBS Studios Inc., employer for hire; Domicile: United States. Authorship: entire motion picture.
Names: CBS Studios Inc.
Note that copyright was filed on November 15, 2017, and it lists a publication date of September 23, 2017. But ... check this copyright out for the music used in Discovery's opening:
https://cocatalog.loc.gov/cgi-bin/P..._UW31o7Dv95U75Zy877P&SEQ=20180825102024&SID=6
Type of Work: Sound Recording and Music
Registration Number / Date: SRu001276588 / 2016-10-17
Application Title: Star Trek Discovery- Opening, et al.
Title: Star Trek Discovery- Opening, et al.
Description: Electronic file (eService)
Copyright Claimant: Cliff Eidelman. Address: 452 19th Street, Santa Monica, CA, 90402, United States.
Date of Creation: 2016
Authorship on Application: Cliff Eidelman; Citizenship: United States. Authorship: sound recording, I am also copyrighting the composition contained in this sound recording. I composed all the music.
Rights and Permissions: Cliff Eidelman, 452 19th Street, Santa Monica, CA, 90402, United States, (310) 395-0501, (310) 395-0501,
enotes@earthlink.net
Copyright Note: C.O. correspondence.
Basis for Registration: Unpublished collection
Contents: Star Trek Discovery- Opening.
Star Trek Discovery -Opening Alt.
Star Trek Discovery- Klingons/Starfleet.
Names: Eidelman, Cliff
Registration date is October 17, 2017.
Star Trek Discovery: The Mutiny
https://cocatalog.loc.gov/cgi-bin/P..._UW31o7Dv95U75Zy877P&SEQ=20180825102024&SID=6
Type of Work: Sound Recording and Music
Registration Number / Date: SRu001274217 / 2017-01-10
Application Title: Star Trek Discovery "The Mutiny".
Title: Star Trek Discovery "The Mutiny".
Description: Electronic file (eService)
Copyright Claimant: Cliff Glen Eidelman, 1964- . Address: 452 19th Street, Santa Monica, CA, 90402, United States.
Date of Creation: 2017
Authorship on Application: Cliff Glen Eidelman, 1964- ; Citizenship: United States. Authorship: Sound Recording, Music.
Rights and Permissions: Cliff Glen Eidelman, 452 19th Street, Santa Monica, CA, 90402, United States, (310) 395-0501,
enotes@earthlink.net
Names: Eidelman, Cliff Glen, 1964-
Publication date January 10, 2017.
Anyway, here's a link (if for whatever reason it doesn't work, just go to
https://cocatalog.loc.gov/cgi-bin/P...Q=20180825102015&PID=K-1aCVRmWxmsL0eDvH4QmyiU and search for
Star Trek Discovery) to all the search results:
https://cocatalog.loc.gov/cgi-bin/P...8R1CP2RX--ku&SEQ=20180825102017&CNT=25&HIST=1
So, what does it all mean?
Does Abdin have a case?
Probably not.
Tardigrades, gay couples, facial hair, messy hair, and women of color, do not make for characters considered memorable enough to be distinct under copyright (remember when we talked about this vis a vis
Axanar? Same thing here. Spock is memorable, as are Vulcans and Klingons - for example - because they have distinct, recognizable characteristics and aren't just brief sketches).
The complaint also alleges the tardigrade is a big part of the Disco plotline, but that's simply not true. Ripper is found in the following episodes
only:
- Context is for Kings
- The Butcher's Knife
- Choose Your Pain
- Magic...
That's 4 out of 15. In fact, Ripper and tardigrades (sounds like a doo-wop band) aren't even mentioned later. Are they big plot points for
Butcher's Knife and perhaps
Choose Your Pain? Yes. For the last half of
Context, yes. But then... not so much.
BTW, if a woman with curly red hair is the subject of Abdin's copyright in Natasha (he means Tilly; Natasha is his character's name), then he should be expecting a C&D any moment now from the creators of Merida from
Brave. And their copyright dates back to
2012. See:
https://cocatalog.loc.gov/cgi-bin/P...gsu2Pd2Vz1c48yD72HrK&SEQ=20180825102916&SID=8
So, we shall see!