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tardigrades_opposition_response [2019/03/14 15:39]
Carlos Pedraza
tardigrades_opposition_response [2019/03/14 20:59] (current)
Carlos Pedraza
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 ====== CBS Attorney Slams Tardigrades'​ Lack of Legal Foundation ====== ====== CBS Attorney Slams Tardigrades'​ Lack of Legal Foundation ======
  
-**//Judge now has all the pleadings to decide on motion to dismiss copyright case against Star Trek: Discovery//**+**//Judge now has all the pleadings to decide on motion to dismiss copyright case against// Star Trek: Discovery**
  
 {{TOC}} {{TOC}}
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 In the filing this week attorney Wook Hwang says Abdin misapplied copyright law in his opposition last week to dismissing the case. In the filing this week attorney Wook Hwang says Abdin misapplied copyright law in his opposition last week to dismissing the case.
   * **Virtual impossibility**:​ The timeline proposed by Abdin for when //​Discovery//'​s creators would'​ve had to have stolen his ideas makes it "a virtual impossibility that Defendants would or could have scripted, produced, shot, edited and [[:​tardigrades_dismissal_motion#​no_substantial_similarity|broadcast its allegedly infringing series in mere months]] after they immediately saw and resolved to copy this [Tardigrades] game teaser."​   * **Virtual impossibility**:​ The timeline proposed by Abdin for when //​Discovery//'​s creators would'​ve had to have stolen his ideas makes it "a virtual impossibility that Defendants would or could have scripted, produced, shot, edited and [[:​tardigrades_dismissal_motion#​no_substantial_similarity|broadcast its allegedly infringing series in mere months]] after they immediately saw and resolved to copy this [Tardigrades] game teaser."​
-  * **Nothing in common**: Hwang says //​Discovery//'​s tardigrade "has //​no//​features in common"​ with the elements of Abdin'​s creature that are protected by copyright. What features they do share are based on actual tardigrades,​ none of which Abdin can claim as his own.+  * **Nothing in common**: Hwang says //​Discovery//'​s tardigrade "has //no// features in common"​ with the elements of Abdin'​s creature that are protected by copyright. What features they do share are based on actual tardigrades,​ none of which Abdin can claim as his own.
   * **Mischaracterizing //​Discovery//​** : CBS says Abdin continues to inaccurately describe Discovery'​s tardigrade in order to make it similar to the game's version, primarily ignoring Star Trek's creature is brown, not the blue depicted in the game.   * **Mischaracterizing //​Discovery//​** : CBS says Abdin continues to inaccurately describe Discovery'​s tardigrade in order to make it similar to the game's version, primarily ignoring Star Trek's creature is brown, not the blue depicted in the game.
   * **Purported characters'​ similarities**:​ Abdin'​s pleading criticized CBS for dissecting his characters to their most generic components (e.g., "blond white male," "​African-American female,"​ "​redhead"​ and "​darker complexion"​ male) but Hwang notes those terms are the extent to which Abdin himself specifically described his own characters.   * **Purported characters'​ similarities**:​ Abdin'​s pleading criticized CBS for dissecting his characters to their most generic components (e.g., "blond white male," "​African-American female,"​ "​redhead"​ and "​darker complexion"​ male) but Hwang notes those terms are the extent to which Abdin himself specifically described his own characters.