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tardigrades_third_complaint [2019/01/18 22:00] – updates headlines Carlos Pedrazatardigrades_third_complaint [2019/02/04 02:48] (current) – [Conceded Points of Law] Carlos Pedraza
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 The complaint now numbers 23 pages, plus attachments, as opposed to the 15 pages of the second amended complaint. The amended complaint elaborated further on the original allegations but also withdrew a number of key claims upon which Abdin previously relied. The complaint now numbers 23 pages, plus attachments, as opposed to the 15 pages of the second amended complaint. The amended complaint elaborated further on the original allegations but also withdrew a number of key claims upon which Abdin previously relied.
  
-[{{ :anas_abdin_twitter_avi.jpg?100|Plaintiff **Anas Abdin**}}]+[{{ ::anas_abdin_linkedin.jpg?150|Plaintiff **Anas Abdin** <fs smaller>/LinkedIn</fs>}}]
  
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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]], the judge gave Abdin's lawyers until March 19 to find evidence Discovery's creators had in fact accessed the Tardigrades game on the videogame platform [[https://steamcommunity.com/sharedfiles/filedetails/?id=344701010|Steam Greenlight]], a platform in which Steam members can vote in favor of proposed new games to be added for sale on the platform.+In a January 8 [[tardigrades_steam|pre-motion conference]], the judge gave Abdin's lawyers until March 19 to find evidence Discovery's creators had in fact accessed the Tardigrades game on the videogame platform [[https://steamcommunity.com/sharedfiles/filedetails/?id=344701010|Steam Greenlight]], a platform on which Steam members can vote in favor of proposed new games to be added for sale on the platform.
  
 ==== Star Trek Games on Steam ==== ==== Star Trek Games on Steam ====
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   * **No statutory damages**. Under U.S. copyright law, plaintiffs can seek damages as high as $150,000 per infringement, but that requires registering the copyright prior to the infringement or within three months of publication. Abdin met neither of those timelines; he registered the Tardigrades copyright 10 months after //Discovery//'s premiere. \\ <wrap indent>Consequently, the most Abdin could be awarded is actual damages, which could be minimal since the game has yet to be released.  Statutory damages can in some cases be significantly more than the actual damages suffered by the rightsholder or the profits of the infringer.</wrap>   * **No statutory damages**. Under U.S. copyright law, plaintiffs can seek damages as high as $150,000 per infringement, but that requires registering the copyright prior to the infringement or within three months of publication. Abdin met neither of those timelines; he registered the Tardigrades copyright 10 months after //Discovery//'s premiere. \\ <wrap indent>Consequently, the most Abdin could be awarded is actual damages, which could be minimal since the game has yet to be released.  Statutory damages can in some cases be significantly more than the actual damages suffered by the rightsholder or the profits of the infringer.</wrap>
   *  **No claim against visual artists' rights**. Abdin's earlier complaint asserted the right to damages under the 1990 Visual Artists' Rights Act (VARA), which protects the integrity of a creator's work. However, in a letter to the judge, defense attorney Wook Hwang ruled out that claim because VARA covers only limited works of fine art (e.g., paintings, sculptures, drawings, prints and still photographs) produced for exhibition, with fewer than 200 copies. The law grants no protection to diagrams, models, motion pictures, books and other publications or electronic publications.(([[http://www.law.harvard.edu/faculty/martin/art_law/esworthy.htm|"A Guide to the Visual Artists Rights Act," Cynthia Esworthy]], NEA Office of General Counsel, JD Washington & Lee Law School, 1997; retrieved 12/06/18.))   *  **No claim against visual artists' rights**. Abdin's earlier complaint asserted the right to damages under the 1990 Visual Artists' Rights Act (VARA), which protects the integrity of a creator's work. However, in a letter to the judge, defense attorney Wook Hwang ruled out that claim because VARA covers only limited works of fine art (e.g., paintings, sculptures, drawings, prints and still photographs) produced for exhibition, with fewer than 200 copies. The law grants no protection to diagrams, models, motion pictures, books and other publications or electronic publications.(([[http://www.law.harvard.edu/faculty/martin/art_law/esworthy.htm|"A Guide to the Visual Artists Rights Act," Cynthia Esworthy]], NEA Office of General Counsel, JD Washington & Lee Law School, 1997; retrieved 12/06/18.))
-  * **No claim under Berne Convention**. As a Kuwati resident, Abdin's 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.+  * **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.
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