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tardigrade_october [2018/11/01 23:13] – [Injunction] format fix Carlos Pedrazatardigrade_october [2019/01/04 13:12] (current) – added link Carlos Pedraza
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 <wrap lo>**//Main story: [[tardigrade_lawsuit|Indie Gamemaker Sues 'Discovery' for Stealing His Ideas]] \\ <wrap lo>**//Main story: [[tardigrade_lawsuit|Indie Gamemaker Sues 'Discovery' for Stealing His Ideas]] \\
-See also: [[tardigrade_lawsuit_trouble|Tardigrades Copyright Lawsuit Gets off to Rocky Start]]//**</wrap>+See also: [[tardigrade_lawsuit_trouble|Tardigrades Copyright Lawsuit Gets off to Rocky Start]]// and //[[tardigrades_pre_motion|CBS Asks Judge to Dismiss Copyright Case Against Discovery]]//**</wrap>
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 CBS and Netflix were due to file their answer November 6 but agreed to wait for Abdin to amend his [[tardigrade_lawsuit|original legal complaint]] against them for a second time. Accordingly, U.S. district [[Judge Naomi Reice Buchwald]] extended the time to respond to November 25. CBS and Netflix were due to file their answer November 6 but agreed to wait for Abdin to amend his [[tardigrade_lawsuit|original legal complaint]] against them for a second time. Accordingly, U.S. district [[Judge Naomi Reice Buchwald]] extended the time to respond to November 25.
  
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 <wrap lo><wrap em>DOWNLOAD</wrap> the 16-page, second amended {{ ::abdin_v_cbs_2_amended.pdf |legal complaint}}, filed October 29, 2018, alleging copyright infringement in //Star Trek: Discovery// by CBS and Netflix of plaintiff Anas Abdin's unreleased videogame, "Tardigrades."</wrap> <wrap lo><wrap em>DOWNLOAD</wrap> the 16-page, second amended {{ ::abdin_v_cbs_2_amended.pdf |legal complaint}}, filed October 29, 2018, alleging copyright infringement in //Star Trek: Discovery// by CBS and Netflix of plaintiff Anas Abdin's unreleased videogame, "Tardigrades."</wrap>
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-//**__« Upon information and belief, the defendants accessed the plaintiff’s widely distributed works. »__**// <wrap indent>//— Anas Abdin, Copyright Suit Against CBS and Netflix//</wrap>+//**__« Upon information and belief, the defendants accessed the plaintiff’s widely distributed works. »__**// <wrap indent>//— Anas Abdin's Copyright Suit Against CBS and Netflix//</wrap>
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 Johnson also pointed to a number of exhibits attached to the amended complaint. The exhibits consisted of news articles about the Tardigrades game, its relationship to //Discovery// and documents Abdin said he had posted publicly describing his game before the Star Trek series aired, all of which he claimed //Discovery//'s producers had access to years before. Johnson also pointed to a number of exhibits attached to the amended complaint. The exhibits consisted of news articles about the Tardigrades game, its relationship to //Discovery// and documents Abdin said he had posted publicly describing his game before the Star Trek series aired, all of which he claimed //Discovery//'s producers had access to years before.
  
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 <wrap lo>**COPYRIGHT CERTIFICATE** The copyright registration listed in the U.S. Copyright Office's database for Anas Abdin's Tardigrades refers to Tardigrades as "text, artwork," not a videogame.</wrap> \\ [{{::tardigrades_copyright.jpg?direct|<fs x-small>//Source: U.S. Copyright Office//</fs>}}] <wrap lo>**COPYRIGHT CERTIFICATE** The copyright registration listed in the U.S. Copyright Office's database for Anas Abdin's Tardigrades refers to Tardigrades as "text, artwork," not a videogame.</wrap> \\ [{{::tardigrades_copyright.jpg?direct|<fs x-small>//Source: U.S. Copyright Office//</fs>}}]
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 ===== The 'Original Work' ===== ===== The 'Original Work' =====
  
-One of the changes in the amended complaint was a more detailed description of what constituted Abdin's "original work" upon which //Discovery//'s creators had infringed. Instead of the Tardigrades game itself, which remains incomplete and unpublished, the complaint specifies what was infringed was Abdin's //description// of the game as represented in a variety of articles and postings on Internet forums and social media platforms from May 2014 to July 2017:+One of the changes in the amended complaint was a more detailed description of what constituted Abdin's "original work" from which //Discovery//'s creators had infringed. Instead of the Tardigrades game itself, which remains incomplete and unpublished, the complaint specifies what was infringed was Abdin's //description// of the game as represented in a variety of articles and postings on Internet forums and social media platforms from May 2014 to July 2017:
  
 > Between May of 2014 and July of 2017, Plaintiff completed and published several forum articles, artwork, and videos for a science fiction manuscript for an upcoming video game/game storyboard. While some of the content in these articles was factual, some portions of the article were changed or embellished by Plaintiff. Plaintiff published these articles in Adventure Game Studio Forums, Anas-tronaut Blog, YouTube, Steam Games, and Reddit between May of 2014 and July of 2017 (“the Original Work”).(([[https://www.pacermonitor.com/public/case/25398554/Abdin_v_CBS_Broadcasting,_Inc_et_al|U.S. District Court Southern District of New York, civil docket for case # 1:18-cv-07543]], Abdin v. CBS Broadcasting, Inc. et al., document 24-1, pp. 3-4, ¶10, 10/29/18.)) > Between May of 2014 and July of 2017, Plaintiff completed and published several forum articles, artwork, and videos for a science fiction manuscript for an upcoming video game/game storyboard. While some of the content in these articles was factual, some portions of the article were changed or embellished by Plaintiff. Plaintiff published these articles in Adventure Game Studio Forums, Anas-tronaut Blog, YouTube, Steam Games, and Reddit between May of 2014 and July of 2017 (“the Original Work”).(([[https://www.pacermonitor.com/public/case/25398554/Abdin_v_CBS_Broadcasting,_Inc_et_al|U.S. District Court Southern District of New York, civil docket for case # 1:18-cv-07543]], Abdin v. CBS Broadcasting, Inc. et al., document 24-1, pp. 3-4, ¶10, 10/29/18.))
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 <fs smaller>The lawsuit also alleges //Discovery// copied white medical uniforms from Tardigrades: "The Star Trek series has not used any uniform styled, or colored in this manner, until [Tardigrades] was published."</fs>(([[https://www.pacermonitor.com/public/case/25398554/Abdin_v_CBS_Broadcasting,_Inc_et_al|U.S. District Court Southern District of New York, civil docket for case # 1:18-cv-07543]], Abdin v. CBS Broadcasting, Inc. et al., document 24-1, p. 6 ¶18, 10/29/18.)) <fs smaller>The lawsuit also alleges //Discovery// copied white medical uniforms from Tardigrades: "The Star Trek series has not used any uniform styled, or colored in this manner, until [Tardigrades] was published."</fs>(([[https://www.pacermonitor.com/public/case/25398554/Abdin_v_CBS_Broadcasting,_Inc_et_al|U.S. District Court Southern District of New York, civil docket for case # 1:18-cv-07543]], Abdin v. CBS Broadcasting, Inc. et al., document 24-1, p. 6 ¶18, 10/29/18.))
  
-[{{::tardigrades_medical_uniform.jpg?direct|**MEDICAL UNIFORMS** Despite the lawsuit's claim //Discovery// copied Tardigrades' white medical uniform, similar Starfleet medical uniforms appeared in //Star Trek// (2009) and as far back as //Star Trek: The Motion Picture// (1979), predating Tardigrades. <wrap indent><fs smaller>(//Images 1 and 2/from Abdin lawsuit, Exhibit B; Images 3 and 4/Paramount Pictures//)</fs></wrap>}}]+[{{::tardigrades_medical_uniform.jpg?direct|**MEDICAL UNIFORMS** Despite the lawsuit's claim //Discovery// copied Tardigrades' white medical uniform, similar Starfleet medical uniforms appeared in //Star Trek// (2009) and as far back as //Star Trek: The Motion Picture// (1979), predating Tardigrades. <wrap indent><fs smaller>(//Images 1 and 2/Exhibit B, Abdin lawsuit; Images 3 and 4/Paramount Pictures//)</fs></wrap>}}]
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