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tardigrades_opposition_dismissal [2019/03/09 21:02] – Carlos Pedrazatardigrades_opposition_dismissal [2019/10/14 23:07] (current) – [Alleged Manufactured Evidence] Carlos Pedraza
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 <fs x-small>MARCH 9, 2019<wrap indent> | </wrap><wrap indent> 4 MIN READ</wrap></fs> <fs x-small>MARCH 9, 2019<wrap indent> | </wrap><wrap indent> 4 MIN READ</wrap></fs>
  
-===== Plaintiff: Discovery, Tardigrades Virtually the Same Production =====+====== 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// **
  
- {{TOC}}+{{TOC}}
 {{page>byline}} {{page>byline}}
  
 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 [[:tardigrades_dismissal_motion#other_alleged_similarities|substantially]] "the same production. 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 [[:tardigrades_dismissal_motion#other_alleged_similarities|substantially]] "the same production.
  
-==== Opposition Pleading ====+<WRAP center 90%> 
 +<fs smaller>**//See also: [[tardigrades_dismissal_motion|CBS: Tardigrades Creator ‘Manufactured Similarities’]]//**</fs> 
 +</WRAP> 
 + 
 +===== Opposition Pleading =====
  
 **Filed in federal court** this week, Abdin’s pleading claims: **Filed in federal court** this week, Abdin’s pleading claims:
 +{{page>subscribe}}
  
   * **CBS misconstrues legal conclusions**  from other cases and and misapplies them here.   * **CBS misconstrues legal conclusions**  from other cases and and misapplies them here.
   * **Uses inapplicable tardigrade examples**  from other media because only Discovery’s tardigrade replicates the concept, look and feel of his game’s version of the creature. In his [[https://anas-tronaut.blogspot.com/2019/03/game-developer-vs-game-player.html?m=1&fbclid=IwAR3Z45nK3o7xQdyOluq3kvvZJ_vBNSEXda_gPZFtp0CubCAHjB8O15XrHsY|blog post]] about the pleading, Abdin boldly claims:   * **Uses inapplicable tardigrade examples**  from other media because only Discovery’s tardigrade replicates the concept, look and feel of his game’s version of the creature. In his [[https://anas-tronaut.blogspot.com/2019/03/game-developer-vs-game-player.html?m=1&fbclid=IwAR3Z45nK3o7xQdyOluq3kvvZJ_vBNSEXda_gPZFtp0CubCAHjB8O15XrHsY|blog post]] about the pleading, Abdin boldly claims:
  
 +[{{ :anas_abdin_linkedin.jpg?150|Tardigrades developer **Anas Abdin**}}]
 ---- ----
-<WRAP>//**__« Any person watching the two works will instantly see the similarities and even think they are the same production. »__ **//  <wrap indent>//— Tardigrades creator Anas Abdin//</wrap></WRAP>+<WRAP>//**__« Any person watching the two works will instantly see the similarities and even think they are the same production. »__**//  <wrap indent>//— Tardigrades creator Anas Abdin//</wrap></WRAP>
  
-=== Derivative Characters ===+==== Templates ==== 
 + 
 +The game’s characters and tardigrade clearly served as templates for the derivative characters and creature in //Discovery//.
  
-  * **Templates**: The game’s characters and tardigrade clearly served as templates for the derivative characters and creature in //Discovery//. 
   * **"Excessive splintering"**  of the Tardigrades game renders its elements unprotectable by Abdin, an argument he claims would leave CBS without copyright protection for its own Star Trek properties.   * **"Excessive splintering"**  of the Tardigrades game renders its elements unprotectable by Abdin, an argument he claims would leave CBS without copyright protection for its own Star Trek properties.
  
-=== Axanar Connection ===+<WRAP right round download 320px> 
 +<fs smaller>**DOWNLOAD** Anas Abdin's pleading opposing CBS' motion to dismiss his copyright infringement lawsuit. \\ 
 +[[opposition pleading|{{::pdf_icon.png?nolink&bottom|}}]] [[opposition pleading|1.3 MB PDF]]</fs> 
 +</WRAP>
  
-Interestingly, lawyers trying to defend Axanar against a copyright lawsuit brought by CBS and Paramount used a similar argument. The judge in that case [[:fair_use_denied#copyrightable_elements|didn't buy it]]+==== Axanar Connection ==== 
 + 
 +Interestingly, lawyers trying to defend Axanar against a copyright lawsuit brought by CBS and Paramount used a similar argument. The federal judge in that case [[:fair_use_denied#copyrightable_elements|didn't buy it]].
  
 ==== Items Protected by Copyright ==== ==== Items Protected by Copyright ====
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 **Specific items protected by copyright**: Abdin claims the following aspects of Tardigrades constitute the "heart of the work," taken by //Discovery//‘s creators and "spun off derivatively": **Specific items protected by copyright**: Abdin claims the following aspects of Tardigrades constitute the "heart of the work," taken by //Discovery//‘s creators and "spun off derivatively":
   * **A human-sized tardigrade**  capable of instantaneous teleportation across space.   * **A human-sized tardigrade**  capable of instantaneous teleportation across space.
-  * **Floating blue dots**  representing space, rejecting CBS’ claim that [[:tardigrades_dismissal_motion#floating_dots|the visual expression]] is a common one in science fiction, pointing to //[[https://www.imdb.com/title/tt3230854/|The Expanse//]]//  as a recent example.+  * **Floating blue dots**  representing space, rejecting CBS’ claim that [[:tardigrades_dismissal_motion#floating_dots|the visual expression]] is a common one in science fiction, pointing to //[[https://www.imdb.com/title/tt3230854/|The Expanse]]//  as a recent example.
   * **The crude representation of a tardigrade**  in Abdin’s game, compared to the realistic depiction in //Discovery//, doesn’t mean the Trek creators didn’t copy it.   * **The crude representation of a tardigrade**  in Abdin’s game, compared to the realistic depiction in //Discovery//, doesn’t mean the Trek creators didn’t copy it.
   * **Uniforms and spacesuits**  in Tardigrades that are similar to those depicted in //Discovery//.   * **Uniforms and spacesuits**  in Tardigrades that are similar to those depicted in //Discovery//.
  
-==== Alleged Manufactured Evidence ====+<WRAP right round important 320px> 
 +<fs larger><wrap em>Tardigrades Timetable</wrap></fs> \\ 
 +<fs smaller>**JANUARY 8** Discovery begins to find evidence Discovery's creators knew about the Tardigrades game. \\ 
 +**JANUARY 15** Plaintiff's third amended legal complaint due. \\ 
 +**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's opposition. \\ 
 +**MARCH 19** End of limited discovery. \\ 
 +**DECISION** Judge Schofield's decision is likely due shortly after the end of limited discovery.</fs> 
 +</WRAP> 
 + 
 +===== Alleged Manufactured Evidence =====
  
 Abdin refutes CBS’ allegation in its motion to dismiss that he "[[:tardigrades_dismissal_motion#manufactured_similarity|manufactured similarities]]": Abdin refutes CBS’ allegation in its motion to dismiss that he "[[:tardigrades_dismissal_motion#manufactured_similarity|manufactured similarities]]":
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   * **Didn’t fabricate gay relationships**: In an affidavit attached to his pleading, Abdin does concede he erred in his legal complaint because he "inadvertently mixed up" two male characters in a homosexual relationship but it’s evident the game depicts a gay relationship that CBS ignores. "[[:tardigrades_dismissal_motion#manufactured_character_similarities|Nothing has been fabricated]]," he says.   * **Didn’t fabricate gay relationships**: In an affidavit attached to his pleading, Abdin does concede he erred in his legal complaint because he "inadvertently mixed up" two male characters in a homosexual relationship but it’s evident the game depicts a gay relationship that CBS ignores. "[[:tardigrades_dismissal_motion#manufactured_character_similarities|Nothing has been fabricated]]," he says.
   * **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 //Discovery//.   * **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 //Discovery//.
-  * **Spliced video clips**  CBS alleges [[:tardigrades_dismissal_motion#manufactured_similarity|were edited together]] to create relationships that doesn’t exist were only done to demonstrate the similarity to Abdin’s "body of work."+  * **Spliced video clips**  CBS alleges [[:tardigrades_dismissal_motion#manufactured_similarity|were edited together]] to create relationships that don’t exist were only done to demonstrate the similarity to Abdin’s "body of work."
  
 ==== Not Giving Up on Netflix ==== ==== Not Giving Up on Netflix ====
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 ===== Bottom Line ===== ===== 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. {{page>footer}} {{tag>Tardigrades_lawsuit copyright infringement Star_Trek_Discovery}}+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. {{:axamonitor-ico.gif?nolink|}} 
 + 
 +<WRAP tip 75%> 
 +<wrap em>COMMENTS</wrap> \\ 
 +Discuss this article in [[face>groups/axamonitor/permalink/592835604564624/|AxaMonitor's Facebook group]]. 
 +</WRAP> 
 +---- 
 +**Keywords** {{tag>Tardigrades_lawsuit copyright infringement Star_Trek_Discovery}}