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tardigrades_pre_motion [2018/12/06 10:06] – Carlos Pedraza | tardigrades_pre_motion [2019/01/17 15:26] (current) – Carlos Pedraza | ||
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- | ====== CBS Seeks Meeting with Judge to Dismiss Copyright Case Against Discovery ====== | + | <fs x-small> |
- | //**Attorneys Assert Game Developer' | + | ====== CBS Asks Judge to Dismiss Copyright Case Against Discovery ====== |
+ | |||
+ | //**Abdin' | ||
{{TOC}} | {{TOC}} | ||
{{page> | {{page> | ||
- | Lawyers for CBS and Netflix | + | Lawyers for CBS and Netflix |
+ | |||
+ | ===== Third Complaint Expected ===== | ||
+ | |||
+ | <wrap em> | ||
+ | |||
+ | <WRAP right round download 320px> | ||
+ | <fs smaller>< | ||
+ | </ | ||
<WRAP center 95%> | <WRAP center 95%> | ||
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</ | </ | ||
- | /* <WRAP right round important | + | ===== Conference Scheduled ===== |
- | Plaintiff' | + | |
- | Lawyers for Anas Abdin submitted | + | U.S. District Judge Lorna G. Schofield scheduled a pre-motion conference regarding the defense' |
- | </ | + | |
+ | <WRAP right round important | ||
+ | **New Judge Assigned** \\ | ||
+ | <fs smaller> | ||
+ | [{{ :: | ||
+ | <fs smaller> | ||
+ | </ | ||
===== Lawsuit Fails to State a Claim ===== | ===== Lawsuit Fails to State a Claim ===== | ||
In a December 3, 2018, letter to federal District [[Judge Naomi Reice Buchwald]], CBS/Netflix attorney [[Wook Hwang]] asserted that Abdin' | In a December 3, 2018, letter to federal District [[Judge Naomi Reice Buchwald]], CBS/Netflix attorney [[Wook Hwang]] asserted that Abdin' | ||
+ | <WRAP center 95%> | ||
* Demonstrate how his unpublished game, Tardigrades, | * Demonstrate how his unpublished game, Tardigrades, | ||
* Provide links to the allegedly infringed works online, | * Provide links to the allegedly infringed works online, | ||
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* State a valid claim to rights under the international copyright agreement, the [[wp> | * State a valid claim to rights under the international copyright agreement, the [[wp> | ||
* Establish Netflix' | * Establish Netflix' | ||
+ | </ | ||
<WRAP tip center 95%> | <WRAP tip center 95%> | ||
- | <wrap lo> | + | <wrap lo> |
+ | </ | ||
+ | |||
+ | ==== Abdin Concedes Arguments ==== | ||
+ | |||
+ | In a [[breakdown_dismissal_letter|December 5 letter]] to the judge replying to Hwang, [[tardigrade_lawsuit_trouble# | ||
+ | <WRAP center 95%> | ||
+ | * Late copyright registration disqualified the game developer from seeking statutory damages and attorneys' | ||
+ | * Abdin was not entitled to make claims in the United States under the Berne Convention. | ||
</ | </ | ||
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===== Conference Required by Judge ===== | ===== Conference Required by Judge ===== | ||
- | A letter like that sent by Hwang of the firm [[Loeb & Loeb]] is not generally required under the [[wp> | + | A letter like that sent by Hwang of the firm [[Loeb & Loeb]] is not generally required under the [[wp> |
- | ==== Abdin' | + | |
- | Under Buchwald' | + | The request for a pre-motion conference effectively halts the ticking clock on CBS/ |
---- | ---- | ||
< | < | ||
- | //**__« Most of Abdin’s claimed ‘similarities’ are generic and stock elements that are used in countless works. »__**// <wrap indent>// | + | //**__« Most of Abdin’s claimed ‘similarities’ are generic and stock elements that are used in countless works. »__**// <wrap indent>// |
</ | </ | ||
+ | |||
+ | ==== Case Management Plan ==== | ||
+ | |||
+ | Judge Schofield also required both sides to file a status letter and case management plan by January 2, before the conference six days later. | ||
===== Grounds for Dismissal ===== | ===== Grounds for Dismissal ===== |