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tardigrades_dismissal_motion [2019/02/14 02:10]
Carlos Pedraza
tardigrades_dismissal_motion [2019/03/13 17:50] (current)
Carlos Pedraza
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 ===== No Substantial Similarity ===== ===== No Substantial Similarity =====
  
-<WRAP right round download 320px> +<WRAP right round download 320px> <fs smaller>​**MOTION TO DISMISS** You can read the 31-page motion. [[https://​www.dropbox.com/​s/​8lvkjm4gd3ceigx/​motion%20to%20dismiss.pdf?​dl=0|Download]] (7.4 MB PDF).</​fs>​ </​WRAP>​
-<fs smaller>​**MOTION TO DISMISS** You can read the 31-page motion. [[https://​www.dropbox.com/​s/​8lvkjm4gd3ceigx/​motion%20to%20dismiss.pdf?​dl=0|Download]] (7.4 MB PDF).</​fs>​ +
-</​WRAP>​+
  
-Under U.S. copyright laws, the concept of [[#Other Alleged Similarities|substantial similarity]] is a key part of determining whether copyright infringement has occurred. There are other components, but this is the one upon which CBS' ​case largely hinges.+Under U.S. copyright laws, the concept of [[#other_alleged_similarities|substantial similarity]] is a key part of determining whether copyright infringement has occurred. There are other components, but this is the one upon which CBS’ case largely hinges.
  
-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.+CBS’ lawyers argue an [[:breakdown_dismissal_letter|actual comparison]] between Discovery and Anas Abdins never-published Tardigrades videogame reveals no substantial similarities between the two. 
 + 
 +<WRAP right 450px> <​WRAP>//​**__<​wrap em>​Watch</​wrap>​__ **// </​WRAP>​ 
 + 
 + ​{{youtube>​ikHgCwM84LY?​large|Tardigrade Hug}} 
 + 
 +<fs smaller>​**THIS ‘TARDIGRADE HUG’** sequence appears only in this 14-second video posted to YouTube on July12, 2017, just two months before //Star Trek: Discovery// aired.</​fs>​
  
-<WRAP right 450px> 
-<​WRAP>//​**__<​wrap em>​Watch</​wrap>​__**//</​WRAP>​ 
-{{youtube>​ikHgCwM84LY?​large|Tardigrade Hug}} 
-<fs smaller>​**THIS '​TARDIGRADE HUG'** sequence appears only in this 14-second video posted to YouTube on July12, 2017, just two months before //Star Trek: Discovery// aired.</​fs>​ 
 ---- ----
 +
 </​WRAP>​ </​WRAP>​
  
-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 [[breakdown_dismissal_letter#​no_links_to_original_works|text and static artwork]]. Abdin claims the Tardigrades videos and other blog posts were also infringed. In the motion, CBS disagreed:+The motion noted that the actual registered copyrighted work is not the unfinished game, nor Abdins 23 short concept YouTube videos, nor his blog posts, but instead a "​treatment"​ consisting of [[:breakdown_dismissal_letter#​no_links_to_original_works|text and static artwork]]. Abdin claims the Tardigrades videos and other blog posts were also infringed. In the motion, CBS disagreed:
  
 <WRAP 90% center> <WRAP 90% center>
-  ​* The Tardigrade hug sequence pointed to as proof of infringement is a [[yout>​ikHgCwM84LY|13-second video]] posted on YouTube in July 2017, two months before Discovery's premiere but long after the show had been developed and filmed.+ 
 +  ​* The Tardigrade hug sequence pointed to as proof of infringement is a [[yout>​ikHgCwM84LY|13-second video]] ​<wrap hi>posted on YouTube in July 2017, two months before Discoverys premiere but long after the show had been developed and filmed</​wrap>​.
   * “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.
 +
 </​WRAP>​ </​WRAP>​
  
 <WRAP right round info 320px> <WRAP right round info 320px>
-[{{:​two_tardigrades.jpg?​direct|<fs smaller>//Do these two versions of tardigrades evince the same 'aesthetic appeal'? <fs x-small>​Click image to view full size</​fs>​.//​</fs>}}] + 
-<wrap lo>​**What is Substantial Similarity?​** \\ +[{{:​two_tardigrades.jpg?​direct|//​Do these two versions of tardigrades evince the same aesthetic appeal? <fs x-small>​Click image to view full size</​fs>​.//​}}] 
-<wrap indent>​According to the American Bar Association,​ in [[copyright infringement]] cases courts traditionally test for substantial similarity using "a subjective, factual analysis called the 'audience test,'"​ whose goal is to see if ordinary observers, unless they set out to detect the differences between the works, "would regard their aesthetic appeal as the same."</​wrap>​(([[http://​www.americanbar.org/​groups/​young_lawyers/​publications/​the_101_201_practice_series/​part_2_elements_of_a_copyright.html|An Overview of the Elements of a Copyright Infringement Cause of Action, — Part II: Improper Appropriation]],​ by Jason Sloane, retrieved 12/08/16.)) + 
-\\ +<wrap lo>​**What is Substantial Similarity?​** \\ <wrap indent>​According to the American Bar Association,​ in [[:​copyright_infringement|copyright infringement]] cases courts traditionally test for substantial similarity using "a subjective, factual analysis called the audience test,'"​ whose goal is to see if ordinary observers, unless they set out to detect the differences between the works, "would regard their aesthetic appeal as the same."</​wrap>​(([[http://​www.americanbar.org/​groups/​young_lawyers/​publications/​the_101_201_practice_series/​part_2_elements_of_a_copyright.html|An Overview of the Elements of a Copyright Infringement Cause of Action, — Part II: Improper Appropriation]],​ by Jason Sloane, retrieved 12/​08/​16.)) ​  ​\\ <wrap indent> Moreover, the audience test "asks whether the defendant wrongly copied enough of the plaintiff’s protected expression to cause a reasonable lay observer to immediately detect the similarities between the plaintiff’s expression and the defendant’s work, without any aid or suggestion from others."​(([[http://​www.americanbar.org/​groups/​young_lawyers/​publications/​the_101_201_practice_series/​part_2_elements_of_a_copyright.html|An Overview of the Elements of a Copyright Infringement Cause of Action, — Part II: Improper Appropriation]],​ by Jason Sloane, retrieved 12/08/16.)) </​wrap></​wrap>​ </​WRAP>​ 
-<wrap indent> +
-Moreover, the audience test "asks whether the defendant wrongly copied enough of the plaintiff’s protected expression to cause a reasonable lay observer to immediately detect the similarities between the plaintiff’s expression and the defendant’s work, without any aid or suggestion from others."​(([[http://​www.americanbar.org/​groups/​young_lawyers/​publications/​the_101_201_practice_series/​part_2_elements_of_a_copyright.html|An Overview of the Elements of a Copyright Infringement Cause of Action, — Part II: Improper Appropriation]],​ by Jason Sloane, retrieved 12/​08/​16.))</​wrap></​wrap>​ +
-</​WRAP>​+
  
 ==== Other Alleged Similarities ==== ==== Other Alleged Similarities ====
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 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. 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.
  
-CBS said Star Trek has a long history of such uniforms, "that delineate status, rank, etc., and, if that were infringement,​ it is Plaintiff who is the infringer."​(("​Memorandum of Law in Support of Defendants'​ Motion to Dismiss the Third Amended Complaint,"​ Abdin v. CBS et al., Docket 56, p. 20, 2/​12/​19.). ​+CBS said Star Trek has a long history of such uniforms, "that delineate status, rank, etc., and, if that were infringement,​ it is Plaintiff who is the infringer."​(("​Memorandum of Law in Support of Defendants'​ Motion to Dismiss the Third Amended Complaint,"​ Abdin v. CBS et al., Docket 56, p. 20, 2/12/19.)). 
  
 === Stock Characters === === Stock Characters ===
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 === Plaintiff'​s Response === === Plaintiff'​s Response ===
  
-A response by Abdin'​s lawyers to the dismissal motion is due March 5. {{page>​footer}} {{tag>​Tardigrades_lawsuitcopyright infringement Star_Trek_Discovery CBS Netflix}}+A response by Abdin'​s lawyers to the dismissal motion is due March 5. {{:​axamonitor-ico.gif?​nolink|}} 
 + 
 +<WRAP tip 75%> 
 +<wrap em>​COMMENTS</​wrap>​ \\ 
 +Discuss this article in [[face>​groups/​axamonitor/​permalink/​578194649362053/​|AxaMonitor'​s Facebook group]]. 
 +</​WRAP>​ 
 +---- 
 +**Keywords** ​{{tag>​Tardigrades_lawsuit copyright infringement Star_Trek_Discovery CBS Netflix}}