Differences
This shows you the differences between two versions of the page.
Both sides previous revisionPrevious revisionNext revision | Previous revision | ||
tardigrades_appeal [2019/10/12 05:26] – Carlos Pedraza | tardigrades_appeal [2019/11/06 03:50] (current) – [Doomed Anyway?] Carlos Pedraza | ||
---|---|---|---|
Line 1: | Line 1: | ||
{{:: | {{:: | ||
- | <fs x-small> | + | <fs x-small> |
====== Tardigrades Creator Appeals Star Trek Copyright Dismissal ====== | ====== Tardigrades Creator Appeals Star Trek Copyright Dismissal ====== | ||
- | //**YouTubers lead $20,000 GoFundMe Campaign to Fund Anas Abdin' | + | //**YouTuber raises |
{{TOC}}{{page> | {{TOC}}{{page> | ||
- | After seeing his copyright case against CBS and Netflix over //Star Trek: Discovery// dismissed in federal court last month, Tardigrades game creator Anas Abdin is appealing, with a YouTube conspiracist leading a $20,000 GoFundMe campaign to pay for the appeal. | + | After seeing his copyright case against CBS and Netflix over //Star Trek: Discovery// dismissed in federal court last month, Tardigrades game creator Anas Abdin is appealing, with a YouTube conspiracist |
- | + | ||
- | {{page> | + | |
<WRAP center 90%> | <WRAP center 90%> | ||
Line 21: | Line 19: | ||
The appeal was formally filed in U.S. Second Circuit Court on October 1, 2019, by Abdin' | The appeal was formally filed in U.S. Second Circuit Court on October 1, 2019, by Abdin' | ||
- | <html><a name=" | + | {{page> |
+ | ---- | ||
+ | <WRAP>//**__« I have filed an appeal. As an independent creator, I found myself with no rights. If I don't have rights, [neither] does everyone else. »__ **// | ||
+ | |||
+ | ==== Surprise ==== | ||
+ | |||
+ | The appeal came as something of a surprise after Abdin had first indicated he [[http:// | ||
<WRAP right round info 320px> | <WRAP right round info 320px> | ||
+ | {{anchor: | ||
**How Appeals Work** \\ | **How Appeals Work** \\ | ||
<fs smaller> | <fs smaller> | ||
Line 29: | Line 35: | ||
<fs smaller> | <fs smaller> | ||
</ | </ | ||
- | ---- | ||
- | < | ||
==== Legal Tactics ==== | ==== Legal Tactics ==== | ||
- | In a GoFundMe page created for him by Gary Buechler, AKA [[yout> | + | In a GoFundMe page created for him by Gary Buechler, AKA [[yout> |
<WRAP center 90%> | <WRAP center 90%> | ||
* Hiring computer network experts ($20, | * Hiring computer network experts ($20, | ||
Line 43: | Line 47: | ||
</ | </ | ||
- | ==== Not Enough Money ==== | + | ==== More than $20,000 Raised |
- | The GoFundMe's $20,000 goal, however, would fail to pay for anything | + | Following a weekend telethon on YouTube, Buehler' |
- | By Abdin' | + | === Not Enough Money === |
- | [{{ :: | + | The GoFundMe' |
- | === Weekend Telethon === | + | By Abdin' |
- | Buechler said Friday he plans to hold a YouTube telethon | + | [{{ :: |
==== Expanded ' | ==== Expanded ' | ||
Line 82: | Line 86: | ||
=== Assumed Factual === | === Assumed Factual === | ||
- | A big challenge faced by the appeal is that Schofield' | + | A big challenge faced by the appeal is that Schofield' |
=== Copyright Test === | === Copyright Test === | ||
- | The Second Circuit, which includes Schofield' | + | The Second Circuit, which includes Schofield' |
+ | |||
+ | Using that test, the circuit court must set aside elements of the works that aren't eligible for copyright protection, and then examining whether the protectable elements that are left, " | ||
=== No Infringement === | === No Infringement === | ||
Line 94: | Line 100: | ||
=== Superficial Similarities === | === Superficial Similarities === | ||
- | What similarities she did find, the judge determined | + | What similarities she did find, Schofield |
The circuit court will have to determine whether Schofield ruled correctly about the [[https:// | The circuit court will have to determine whether Schofield ruled correctly about the [[https:// | ||
+ | ==== Doomed Anyway? ==== | ||
+ | |||
+ | Even if Schofield had allowed the lawsuit to move forward, Abdin' | ||
+ | <WRAP center 90%> | ||
+ | * **Late copyright registration**. Abdin registered his copyright too late — long after Discovery had already aired — to seek more than actual financial damages suffered by his videogame. That wouldn' | ||
+ | * **Attorneys' | ||
+ | </ | ||
+ | |||
+ | <WRAP round important> | ||
===== Expedited Appeals Calendar ===== | ===== Expedited Appeals Calendar ===== | ||
- | Under Second Circuit rules, the court considers appeals to dismissal motions on an expedited calendar. The clerk notifies the parties when an appeal is placed on the expedited calendar and sets the briefing schedule: | + | Under Second Circuit rules, the court considers appeals to dismissal motions on an expedited calendar. The clerk notifies the parties when an appeal is placed on the expedited calendar and sets the briefing schedule:(([[http:// |
+ | <WRAP center 95%> | ||
+ | 1. Abdin should file a Pre-Argument Statement by October 15 specifying the basis for his appeal. \\ | ||
+ | 2. Abdin' | ||
+ | 3. CBS will have 35 days from Abdin' | ||
+ | 4. Abdin will then have 14 days from CBS' filing to file a reply. | ||
+ | </ | ||
+ | </ | ||
- | - Abdin' | + | ===== Why This Matters ===== |
- | - CBS will have 35 days from Abdin' | + | |
- | - Abdin will then have 14 days from CBS' filing to file a reply.(([[http:// | + | |
- | {{page> | + | Abdin' |
+ | |||
+ | ==== Abdin' | ||
+ | |||
+ | Despite the worry in his blog post after the case was dismissed, little about the ruling affects his ability to complete and release Tardigrades. While he has previously fretted people would assume he copied // | ||
+ | |||
+ | <WRAP tip 90%> | ||
+ | <wrap em> | ||
+ | <wrap lo> | ||
+ | </ | ||
+ | ---- | ||
+ | **Keywords** |