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tardigrades_opposition_dismissal [2019/03/09 18:45] – Carlos Pedraza | tardigrades_opposition_dismissal [2019/10/14 23:07] (current) – [Alleged Manufactured Evidence] Carlos Pedraza | ||
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- | ===== Plaintiff: Discovery, Tardigrades Virtually | + | {{:: |
+ | |||
+ | <fs x-small> | ||
+ | |||
+ | ====== Plaintiff: Discovery, Tardigrades Virtually Same Production | ||
**//Game developer opposes CBS motion to dismiss copyright infringement lawsuit// ** | **//Game developer opposes CBS motion to dismiss copyright infringement lawsuit// ** | ||
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{{TOC}} | {{TOC}} | ||
{{page> | {{page> | ||
- | |||
- | ===== Virtually the Same ===== | ||
In opposing defendants’ motion to dismiss his copyright case against CBS and Netflix, game developer Anas Abdin says his Tardigrades game and //Star Trek: Discovery// are [[: | In opposing defendants’ motion to dismiss his copyright case against CBS and Netflix, game developer Anas Abdin says his Tardigrades game and //Star Trek: Discovery// are [[: | ||
- | **Filed in federal court** this week, Abdin’s pleading | + | <WRAP center 90%> |
+ | <fs smaller> | ||
+ | </ | ||
+ | |||
+ | ===== Opposition Pleading ===== | ||
+ | |||
+ | **Filed in federal court** this week, Abdin’s pleading claims: | ||
+ | {{page>subscribe}} | ||
* **CBS misconstrues legal conclusions** | * **CBS misconstrues legal conclusions** | ||
* **Uses inapplicable tardigrade examples** | * **Uses inapplicable tardigrade examples** | ||
- | —- | ||
- | |||
- | <font larger/ | ||
+ | [{{ : | ||
---- | ---- | ||
+ | < | ||
+ | |||
+ | ==== Templates ==== | ||
+ | |||
+ | The game’s characters and tardigrade clearly served as templates for the derivative characters and creature in // | ||
- | * **Templates**: | ||
* **" | * **" | ||
- | **Axanar connection**: Interestingly, | + | |
+ | <WRAP right round download 320px> | ||
+ | <fs smaller>**DOWNLOAD** Anas Abdin' | ||
+ | [[opposition pleading|{{:: | ||
+ | </ | ||
+ | |||
+ | ==== Axanar Connection ==== | ||
+ | |||
+ | Interestingly, | ||
+ | |||
+ | ==== Items Protected by Copyright ==== | ||
+ | |||
+ | **Specific items protected by copyright**: | ||
* **A human-sized tardigrade** | * **A human-sized tardigrade** | ||
- | * **Floating blue dots** | + | * **Floating blue dots** |
* **The crude representation of a tardigrade** | * **The crude representation of a tardigrade** | ||
* **Uniforms and spacesuits** | * **Uniforms and spacesuits** | ||
- | **Alleged manufactured | + | |
+ | <WRAP right round important 320px> | ||
+ | <fs larger>< | ||
+ | <fs smaller>**JANUARY 8** Discovery begins to find evidence | ||
+ | **JANUARY 15** Plaintiff' | ||
+ | **FEBRUARY 12** Defense motion to dismiss is due. Joint Status Letter is also due. \\ | ||
+ | **MARCH 5** Plaintiff must file to oppose dismissal motion. \\ | ||
+ | **MARCH 12** CBS/Netflix can file to answer Abdin' | ||
+ | **MARCH 19** End of limited discovery. \\ | ||
+ | **DECISION** Judge Schofield' | ||
+ | </ | ||
+ | |||
+ | ===== Alleged Manufactured Evidence ===== | ||
+ | |||
+ | Abdin refutes CBS’ allegation in its motion to dismiss that he " | ||
* **Didn’t fabricate gay relationships**: | * **Didn’t fabricate gay relationships**: | ||
* **Glory holes and ‘out of touch’**: Abdin criticized CBS’ insensitivity to gay culture because it didn’t recognize that a bathroom encounter between two of Abdin’s characters in fact demonstrated they had a homosexual relationship like that copied by // | * **Glory holes and ‘out of touch’**: Abdin criticized CBS’ insensitivity to gay culture because it didn’t recognize that a bathroom encounter between two of Abdin’s characters in fact demonstrated they had a homosexual relationship like that copied by // | ||
- | * **Spliced video clips** | + | * **Spliced video clips** |
- | **Not giving up on Netflix**: Abdin’s pleading also isn’t willing to let [[: | + | |
+ | ==== Not Giving Up on Netflix ==== | ||
+ | Abdin’s pleading also isn’t willing to let [[: | ||
+ | |||
+ | ==== Awarding Attorneys’ Fees ==== | ||
+ | |||
+ | Abdin’s attorneys also don’t concede they aren’t eligible to be paid from damages assessed by the court should Abdin win his case, even though the same law that disqualifies him from seeking statutory damages also makes his case [[: | ||
+ | |||
+ | ===== Bottom Line ===== | ||
+ | |||
+ | Motions to dismiss are based only on points of law not of fact, so this phase of the case is a battle of legal case citations to be considered by the judge in deciding whether the case can proceed. Her decision could come later this month. {{: | ||
+ | |||
+ | <WRAP tip 75%> | ||
+ | <wrap em> | ||
+ | Discuss this article in [[face> | ||
+ | </ | ||
+ | ---- | ||
+ | **Keywords** {{tag> |