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tardigrades_dismissal_motion [2019/02/13 17:46] – Carlos Pedraza | tardigrades_dismissal_motion [2019/09/20 13:12] (current) – [No Substantial Similarity] Carlos Pedraza | ||
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====== CBS: Tardigrades Creator ‘Manufactured Similarities’ ====== | ====== CBS: Tardigrades Creator ‘Manufactured Similarities’ ====== | ||
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CBS and Netflix' | CBS and Netflix' | ||
- | > These " | + | > These " |
- | {{page>subscribe}} | + | <WRAP center 90%> |
- | {{page>see also}} | + | <fs smaller>**// |
+ | </ | ||
===== No Challenge (For Now) to Access Claim ===== | ===== No Challenge (For Now) to Access Claim ===== | ||
- | The motion doesn' | + | {{page> |
- | <WRAP right round download 320px> | + | The motion |
- | <fs smaller> | + | |
- | </ | + | |
Proving access to and copying of Abdin' | Proving access to and copying of Abdin' | ||
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===== No Substantial Similarity ===== | ===== No Substantial Similarity ===== | ||
- | CBS' | + | <WRAP right round download 320px> <fs smaller> |
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+ | Under U.S. copyright laws, the concept of [[# | ||
+ | |||
+ | CBS’ lawyers argue an [[:breakdown_dismissal_letter|actual comparison]] between Discovery and Anas Abdin’s never-published Tardigrades videogame reveals no substantial similarities between the two. | ||
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+ | <WRAP right 450px> < | ||
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+ | <fs smaller> | ||
- | <WRAP right 450px> | ||
- | < | ||
- | {{youtube> | ||
- | <fs smaller> | ||
---- | ---- | ||
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</ | </ | ||
- | 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 " | + | 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 " |
<WRAP 90% center> | <WRAP 90% center> | ||
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* “The only ‘similarities’ between the game and Discovery, says CBS, “is that both tardigrades are enlarged and can move through space. Space-faring tardigrades — including enlarged fictional tardigrades — are, of course, not original to Plaintiff.” | * “The only ‘similarities’ between the game and Discovery, says CBS, “is that both tardigrades are enlarged and can move through space. Space-faring tardigrades — including enlarged fictional tardigrades — are, of course, not original to Plaintiff.” | ||
* Other purported similarities are too generically described to qualify for copyright protection, according to the motion. | * Other purported similarities are too generically described to qualify for copyright protection, according to the motion. | ||
+ | |||
</ | </ | ||
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+ | <WRAP right round info 320px> | ||
+ | |||
+ | [{{: | ||
+ | {{anchor: | ||
+ | <wrap lo> | ||
+ | |||
==== Other Alleged Similarities ==== | ==== Other Alleged Similarities ==== | ||
- | The motion also focused on a number of "other purported ' | + | The motion also focused on a number of "other purported ' |
=== Uniforms === | === Uniforms === | ||
In his complaint, the defense said Abdin claimed his characters' | In his complaint, the defense said Abdin claimed his characters' | ||
+ | |||
+ | CBS said Star Trek has a long history of such uniforms, "that delineate status, rank, etc., and, if that were infringement, | ||
=== Stock Characters === | === Stock Characters === | ||
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* An " | * An " | ||
* A redheaded woman. (Tilly on // | * A redheaded woman. (Tilly on // | ||
- | /* | ||
- | === Floating Dots === | ||
- | Plaintiff claims that Discovery is similar to his Tardigrades game concept because, in one video sequence, Stamets appears in the Discovery’s mycelial spore chamber surrounded by floating mycelial spores, while in PlaintiffsworkhisCartercharacterisdepictedasfloatinginadottedblueorb. (TAC 27, 30(h); Ex. I at 0:00-0:15). Plaintiffs works provide no explanation as to what this blue orb represents, and Plaintiff makes no claim that it is comprised of mycelial spores. The claimed similarity thus amounts to nothing more than the common portrayal of a man surrounded by blue and white dots (one sitting in a chamber, the other floating in space). | + | === Homosexual Relationship === |
- | === Ethereal Travel | + | Homosexual Relationship: |
+ | |||
+ | [{{ : | ||
+ | |||
+ | === Floating Dots === | ||
+ | |||
+ | The legal complaint includes a sequence from // | ||
- | Plaintiff | + | Tardigrades' |
- | Apparently | + | The motion states Abdin' |
=== Ship-Based Emitter === | === Ship-Based Emitter === | ||
Plaintiff claims that Discovery wrongfully uses the word “emitter” to describe a ship-based emitter, because his work also contains a ship-based emitter that is also called an “emitter.” | Plaintiff claims that Discovery wrongfully uses the word “emitter” to describe a ship-based emitter, because his work also contains a ship-based emitter that is also called an “emitter.” | ||
+ | |||
+ | === Ethereal Travel === | ||
+ | |||
+ | Abdin' | ||
+ | |||
+ | In // | ||
+ | |||
+ | [{{ :: | ||
+ | |||
+ | ==== Manufactured Similarity ==== | ||
+ | |||
+ | The " | ||
+ | |||
+ | > To manufacture the appearance of similarity, Plaintiff further claims that his character enters this “astro-plain” by donning head gear like Burnham. But a review of Plaintiff' | ||
+ | |||
+ | === Manufactured Character Similarities === | ||
+ | |||
+ | The motion to dismiss also took Abdin to task for trying "to mix and match character attributes to manufacture similarities." | ||
+ | <WRAP center 90%> | ||
+ | * // | ||
+ | * Stamets is reportedly //also// similar to Abdin' | ||
+ | * Stamets is //also// claimed to be similar to Tardigrades' | ||
+ | </ | ||
+ | |||
+ | The motion goes so far as to claim Abdin " | ||
==== No More Similarities ==== | ==== No More Similarities ==== | ||
- | The motion alleges Together, these are all of the purported “similarities” Plaintiff is able to identify between the voluminous set of materials comprising his Video Compilation (and 2018 Treatment) and the approximately 11 hours of Discovery' | + | The motion alleges Together, these are all of the purported “similarities” Plaintiff is able to identify between the voluminous set of materials comprising his Video Compilation (and 2018 Treatment) and the approximately 11 hours of Discovery' |
[{{ : | [{{ : | ||
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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 [[fair_use_denied# | 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 [[fair_use_denied# | ||
+ | |||
+ | <WRAP right round info 320px> | ||
+ | < | ||
+ | <fs smaller>< | ||
+ | <wrap indent> | ||
+ | <WRAP 95% center> | ||
+ | <fs smaller> | ||
+ | ✅ **Actual damages** resulting from the alleged infringement. //Still at issue// \\ | ||
+ | ❌ **Statutory damages** allowed under copyright law. //Conceded by plaintiff as ineligible// | ||
+ | 📛 **Attorneys' | ||
+ | </ | ||
+ | </ | ||
===== What Happens Next? ===== | ===== What Happens Next? ===== | ||
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=== Plaintiff' | === Plaintiff' | ||
- | A response by Abdin' | + | A response by Abdin' |
+ | |||
+ | <WRAP tip 75%> | ||
+ | <wrap em> | ||
+ | Discuss this article in [[face> | ||
+ | </ | ||
+ | ---- | ||
+ | **Keywords** |