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tardigrades_third_complaint [2019/01/17 03:00] – created Carlos Pedraza | tardigrades_third_complaint [2019/02/04 02:48] (current) – [Conceded Points of Law] Carlos Pedraza | ||
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====== Copyright Lawsuit Names Discovery Writer as Possible Link ====== | ====== Copyright Lawsuit Names Discovery Writer as Possible Link ====== | ||
- | **// | + | **// |
{{TOC}} | {{TOC}} | ||
{{page> | {{page> | ||
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The third amended complaint in the copyright infringement lawsuit against CBS and Netflix was filed in U.S. District Court in southern New York on January 15, 2019. | The third amended complaint in the copyright infringement lawsuit against CBS and Netflix was filed in U.S. District Court in southern New York on January 15, 2019. | ||
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+ | <wrap lo>< | ||
+ | </ | ||
In a pre-motion conference the week before, at which CBS lawyers said they planned to file for a motion to dismiss the case, Judge [[Lorna G. Schofield]] [[tardigrades_steam|ordered]] Abdin' | In a pre-motion conference the week before, at which CBS lawyers said they planned to file for a motion to dismiss the case, Judge [[Lorna G. Schofield]] [[tardigrades_steam|ordered]] Abdin' | ||
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The complaint now numbers 23 pages, plus attachments, | The complaint now numbers 23 pages, plus attachments, | ||
- | [{{ :anas_abdin_twitter_avi.jpg?100|Plaintiff **Anas Abdin**}}] | + | [{{ :: |
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+ | </ | ||
===== Proving Access ===== | ===== Proving Access ===== | ||
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One of the key elements in proving copyright infringement is establishing the defendant had seen the copyrighted material. Lawyers for CBS and Netflix had previously criticized Abdin’s ”bare and speculative allegations“ that any of the defendants had the access to actually copy Abdin’s work. To establish access Abdin must “plausibly allege either: (1) a particular chain of events or a link from his work to the creators of the allegedly infringing work, or (2) that plaintiff’s work was widely disseminated.”((Abdin v. CBS Broadcasting Inc. et al., Docket 34, p. 4, 12/03/18.)) | One of the key elements in proving copyright infringement is establishing the defendant had seen the copyrighted material. Lawyers for CBS and Netflix had previously criticized Abdin’s ”bare and speculative allegations“ that any of the defendants had the access to actually copy Abdin’s work. To establish access Abdin must “plausibly allege either: (1) a particular chain of events or a link from his work to the creators of the allegedly infringing work, or (2) that plaintiff’s work was widely disseminated.”((Abdin v. CBS Broadcasting Inc. et al., Docket 34, p. 4, 12/03/18.)) | ||
- | In a January 8 [[tardigrades_steam|pre-motion conference]], | + | In a January 8 [[tardigrades_steam|pre-motion conference]], |
==== Star Trek Games on Steam ==== | ==== Star Trek Games on Steam ==== | ||
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Star Wars, however, is not a CBS property. Presumably this was another in a string of filing errors made by [[tardigrade_lawsuit_trouble# | Star Wars, however, is not a CBS property. Presumably this was another in a string of filing errors made by [[tardigrade_lawsuit_trouble# | ||
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+ | [{{ :: | ||
==== Discovery Writer Named ==== | ==== Discovery Writer Named ==== | ||
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> These individuals had full and direct access to the plaintiff‘s Original Work, prior to the start of the Star Trek Discovery series. Upon information and belief one of the Star Trek Discovery head writers, <wrap hi> | > These individuals had full and direct access to the plaintiff‘s Original Work, prior to the start of the Star Trek Discovery series. Upon information and belief one of the Star Trek Discovery head writers, <wrap hi> | ||
- | Lippoldt, perhaps best known as one of the co-writers of // | + | Lippoldt, perhaps best known as one of the co-writers of // |
- | [{{ :: | + | === Not on Steam === |
- | === Development Timeline Doesn't Sync === | + | **AxaMonitor** found information contradicting Abdin's claim Lippoldt had been polled about his game. Membership records demonstrated the // |
- | Lippoldt appeared to be an odd choice to single out in the complaint because her tenure on // | + | === Bad Timing === |
+ | |||
+ | Lippoldt | ||
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+ | [{{ :: | ||
Lippoldt, who has a PhD in neurobiology, | Lippoldt, who has a PhD in neurobiology, | ||
- | When Abdin' | + | When Abdin' |
+ | |||
+ | Meanwhile, when // | ||
Though Burnham actor Sonequa Martin-Green wasn't formally hired until a few months after Fuller' | Though Burnham actor Sonequa Martin-Green wasn't formally hired until a few months after Fuller' | ||
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* **No statutory damages**. Under U.S. copyright law, plaintiffs can seek damages as high as $150,000 per infringement, | * **No statutory damages**. Under U.S. copyright law, plaintiffs can seek damages as high as $150,000 per infringement, | ||
* **No claim against visual artists' | * **No claim against visual artists' | ||
- | * **No claim under Berne Convention**. As a Kuwati resident, Abdin' | + | * **No claim under Berne Convention**. As a Kuwati resident, Abdin had earlier claimed jurisdiction under the Berne Convention, an international copyright agreement. Hwang, however, pointed out to the judge that since Abdin is suing in a U.S. court, he can seek no damages beyond what's offered by U.S. copyright law. |
</ | </ | ||
==== Attorneys' | ==== Attorneys' | ||
- | The third amended complaint continued to ask for attorneys' | + | The third amended complaint continued to ask for attorneys' |
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+ | U.S. copyright only awards | ||
===== Deficient Pleading ===== | ===== Deficient Pleading ===== | ||
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As of January 16, the third amended complaint was listed in the court docket as " | As of January 16, the third amended complaint was listed in the court docket as " | ||
- | Johnson has filed deficient pleadings again and again in the case, including the first amended complaint and a dozen attempts at issuing summonses to the named defendants, resulting in weeks of delays in starting the case. {{page> | + | Johnson has filed deficient pleadings again and again in the case, including the first amended complaint and a dozen attempts at issuing summonses to the named defendants, resulting in weeks of delays in starting the case. {{: |
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+ | <WRAP tip 75%> | ||
+ | <wrap em> | ||
+ | Discuss this article in [[face> | ||
+ | </ | ||
+ | ---- | ||
+ | **Keywords**{{tag> |