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tardigrades_appeal [2019/10/12 06:13] – Carlos Pedraza | tardigrades_appeal [2019/11/06 03:50] (current) – [Doomed Anyway?] Carlos Pedraza | ||
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{{:: | {{:: | ||
- | <fs x-small> | + | <fs x-small> |
====== Tardigrades Creator Appeals Star Trek Copyright Dismissal ====== | ====== Tardigrades Creator Appeals Star Trek Copyright Dismissal ====== | ||
- | // | + | // |
{{TOC}}{{page> | {{TOC}}{{page> | ||
- | After seeing his copyright case against CBS and Netflix over //Star Trek: Discovery// dismissed in federal court last month, Tardigrades game creator Anas Abdin is appealing, with a YouTube conspiracist leading a $20,000 GoFundMe campaign to pay for the appeal. | + | After seeing his copyright case against CBS and Netflix over //Star Trek: Discovery// dismissed in federal court last month, Tardigrades game creator Anas Abdin is appealing, with a YouTube conspiracist |
<WRAP center 90%> | <WRAP center 90%> | ||
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==== Surprise ==== | ==== Surprise ==== | ||
- | The appeal came as something of a surprise after Abdin had first indicated he [[http:// | + | The appeal came as something of a surprise after Abdin had first indicated he [[http:// |
<WRAP right round info 320px> | <WRAP right round info 320px> | ||
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</ | </ | ||
- | ==== Not Enough Money ==== | + | ==== More than $20,000 Raised |
- | The GoFundMe's $20,000 goal, however, would fail to pay for anything | + | Following a weekend telethon on YouTube, Buehler' |
- | By Abdin' | + | === Not Enough Money === |
- | === Weekend Telethon === | + | The GoFundMe' |
- | Buechler | + | By Abdin' |
- | + | ||
- | By early Saturday morning, the GoFundMe raised $4,050 from 87 donors, including a single contribution of $1,000. | + | |
[{{ :: | [{{ :: | ||
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=== Assumed Factual === | === Assumed Factual === | ||
- | A big challenge faced by the appeal is that Schofield' | + | A big challenge faced by the appeal is that Schofield' |
=== Copyright Test === | === Copyright Test === | ||
- | The Second Circuit, which includes Schofield' | + | The Second Circuit, which includes Schofield' |
+ | |||
+ | Using that test, the circuit court must set aside elements of the works that aren't eligible for copyright protection, and then examining whether the protectable elements that are left, " | ||
=== No Infringement === | === No Infringement === | ||
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=== Superficial Similarities === | === Superficial Similarities === | ||
- | What similarities she did find, the judge determined | + | What similarities she did find, Schofield |
The circuit court will have to determine whether Schofield ruled correctly about the [[https:// | The circuit court will have to determine whether Schofield ruled correctly about the [[https:// | ||
- | ==== Doomed | + | ==== Doomed |
Even if Schofield had allowed the lawsuit to move forward, Abdin' | Even if Schofield had allowed the lawsuit to move forward, Abdin' | ||
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===== Expedited Appeals Calendar ===== | ===== Expedited Appeals Calendar ===== | ||
- | <fs smaller>Under Second Circuit rules, the court considers appeals to dismissal motions on an expedited calendar. The clerk notifies the parties when an appeal is placed on the expedited calendar and sets the briefing schedule:</fs>(([[http:// | + | Under Second Circuit rules, the court considers appeals to dismissal motions on an expedited calendar. The clerk notifies the parties when an appeal is placed on the expedited calendar and sets the briefing schedule: |
- | <WRAP center 95%><fs smaller> | + | <WRAP center 95%> |
- | 1. Abdin' | + | 1. Abdin should file a Pre-Argument Statement by October 15 specifying the basis for his appeal. \\ |
- | 2. CBS will have 35 days from Abdin' | + | 2. Abdin' |
- | 3. Abdin will then have 14 days from CBS' filing to file a reply.</fs> | + | 3. CBS will have 35 days from Abdin' |
+ | 4. Abdin will then have 14 days from CBS' filing to file a reply. | ||
</ | </ | ||
</ | </ | ||
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===== Why This Matters ===== | ===== Why This Matters ===== | ||
- | Abdin' | + | Abdin' |
==== Abdin' | ==== Abdin' |