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tardigrades_opposition_dismissal [2019/03/09 22:45] – 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// **
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-==== Opposition Pleading ====+===== Opposition Pleading =====
  
 **Filed in federal court** this week, Abdin’s pleading claims: **Filed in federal court** this week, Abdin’s pleading claims:
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 <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.
  
 <WRAP right round download 320px> <WRAP right round download 320px>
 <fs smaller>**DOWNLOAD** Anas Abdin's pleading opposing CBS' motion to dismiss his copyright infringement lawsuit. \\ <fs smaller>**DOWNLOAD** Anas Abdin's pleading opposing CBS' motion to dismiss his copyright infringement lawsuit. \\
-({{::pdf_icon.png?nolink&bottom|}} [[opposition pleading|1.3 MB PDF]])</fs>+[[opposition pleading|{{::pdf_icon.png?nolink&bottom|}}]] [[opposition pleading|1.3 MB PDF]]</fs>
 </WRAP> </WRAP>
  
-=== Axanar Connection ===+==== Axanar Connection ====
  
-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]].+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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 </WRAP> </WRAP>
  
-==== Alleged Manufactured Evidence ====+===== 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}}