Differences
This shows you the differences between two versions of the page.
Both sides previous revisionPrevious revisionNext revision | Previous revision | ||
tardigrades_third_complaint [2019/01/18 00:57] – updates with Steam ID Finder record Carlos Pedraza | tardigrades_third_complaint [2019/02/04 02:48] (current) – [Conceded Points of Law] Carlos Pedraza | ||
---|---|---|---|
Line 5: | Line 5: | ||
====== Copyright Lawsuit Names Discovery Writer as Possible Link ====== | ====== Copyright Lawsuit Names Discovery Writer as Possible Link ====== | ||
- | **// | + | **// |
{{TOC}} | {{TOC}} | ||
{{page> | {{page> | ||
Line 27: | Line 27: | ||
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**}}] | + | [{{ :: |
<WRAP center 90%> | <WRAP center 90%> | ||
Line 37: | Line 37: | ||
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 ==== | ||
Line 87: | Line 87: | ||
* **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. |
</ | </ | ||