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tardigrades_pre_motion [2018/12/06 11:10] – Carlos Pedraza | tardigrades_pre_motion [2019/01/04 13:09] – updates with status letter, format fixes 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 ===== |
- | <wrap em>Plaintiff' | + | |
- | <fs smaller>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>Thé Tardigrades lawsuit was reassigned to U.S. District Judge Lorna G. Schofield on December 11, 2018. No reason was cited in the case docket but such changes are not uncommon, and usually intended to [[http:// | ||
+ | [{{ :: | ||
+ | <fs smaller> | ||
</ | </ | ||
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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* Demonstrate how his unpublished game, Tardigrades, | * Demonstrate how his unpublished game, Tardigrades, | ||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 ===== |