Motion to dismiss Star Trek: Discovery-Tardigrades Copyright Lawsuit Filed in Federal Court

CBS and Netflix’s lawyers made a remarkable claim in their February 12, 2019, motion to dismiss the copyright suit against Star Trek: Discovery by Anas Abdin, developer of the Tardigrades videogame: That Abdin tried to “manufacture the appearance of similarity” between his work and Discovery:

These “similarities” are utterly trivial when comparing the absence of any coherent plotline in Plaintiff’s work to the richly developed and varied stories running through the approximately 11 hours of Defendants’ allegedly infringing series.¹⁾

The motion doesn’t challenge Abdin’s allegation CBS employees accessed and copies his work, but only for the purpose of seeking dismissal since that assumption isn’t integral to the argument the two works aren’t substantially similar.

Proving access to and copying of Abdin’s published work is important, though, but being dealt with separately by the judge.

CBS’ lawyers argue an actual comparison between Discovery and Anas Abdin’s never-published Tardigrades videogame reveals no substantial similarities between the two.

The motion noted that the actual registered copyrighted work is not the unfinished game, nor Abdin’s 23 short concept YouTube videos, nor his blog posts, but instead a “treatment” consisting of text and static artwork. Abdin claims the Tardigrades videos and other blog posts were also infringed. In the motion, CBS disagreed:

The motion also focused on a number of “other purported ‘similarities’ alleged to exist between [Abdin’s] works and random elements plucked from … Discovery’s first season.”²⁾. They included:

In his complaint, the defense said Abdin claimed his characters’ uniforms and those in Discovery were substantially similar because of their colors (e.g., white for medical officers) and that both works’ space suits “egg-shaped” helmets.

Abdin’s legal complaint pointed to similar characters in the two works, including:

• A blond white male biologist, though the two work in different fields. (Stamets on Discovery)
• A “darker complexion homosexual male with black hair” and facial hair, though the two were of different ethnic backgrounds. (Dr. Culber on Discovery)
• An “African-American female.” (Burnham on Discovery)
• A redheaded woman. (Tilly on Discovery)

CBS contends Netflix should not be a party to this lawsuit.

Netflix should be removed as a defendant because its streaming Discovery internationally falls outside the jurisdiction of U.S. copyright law, the motion argued. Its only domestic act was signing a license agreement, which by itself is perfectly legal.

Abdin has become a cause célèbre among YouTubers and bloggers who intensely dislike Discovery, and who resent CBS for suing Alec Peters over his own infringing “professional, independent Star Trek film,” Axanar.

Judge Lorna G. Schofield allowed Abdin's lawyers to try to link CBS employees to the Tardigrades game. A status letter also filed by both sides’ lawyers gave notice that subpoenas are expected to be served on both CBS and Valve, the owner of the Steam Greenlight platform which featured the game.

CBS said it planned to contest the subpoenas as overly broad, a common defense tactic in these situations.

Also, document demands and written questions were submitted to the defendants on January 25 by Abdin’s attorneys. CBS argued these, too, are overly broad.

A response by Abdin’s lawyers to the dismissal motion is due March 5.