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tardigrades_appeal [2019/10/12 06:59]
Carlos Pedraza
tardigrades_appeal [2019/11/06 03:50] (current)
Carlos Pedraza [Doomed Anyway?]
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 {{::​tardigrade_appeal-1.jpg|}} {{::​tardigrade_appeal-1.jpg|}}
  
-<fs x-small>​OCTOBER 12, 2019<​wrap indent> | </​wrap><​wrap indent> 8 MIN. READ</​wrap></​fs>​+<fs x-small>​OCTOBER 12, 2019<​wrap indent> | </​wrap><​wrap indent> 8 MIN. READ</​wrap>​ | <wrap indent>​[[http://​axamonitor.com/​doku.php?​id=tardigrades_appeal&​do=revisions|UPDATED]] NOVEMBER 6, 2019</​wrap></​fs>​
  
 ====== Tardigrades Creator Appeals Star Trek Copyright Dismissal ====== ====== Tardigrades Creator Appeals Star Trek Copyright Dismissal ======
  
-//​**YouTuber ​leads $20,000 GoFundMe Campaign to Fund Anas Abdin'​s Appeal in U.S. Second Circuit Court**//+//​**YouTuber ​raises ​$20,​000 ​in GoFundMe Campaign to Fund Anas Abdin'​s Appeal in U.S. Second Circuit Court**//
  
 {{TOC}}{{page>​byline}} {{TOC}}{{page>​byline}}
  
-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 ​successfully ​leading a $20,000 GoFundMe campaign to pay for the appeal.
  
 <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://​anas-tronaut.blogspot.com/​2019/​09/​a-dying-tardigrade.html|respected Schofield'​s decision]]. He explained in his October 11 that he was convinced to appeal after talking to a prominent //​Discovery//​ critic on YouTube.+The appeal came as something of a surprise after Abdin had first indicated he [[http://​anas-tronaut.blogspot.com/​2019/​09/​a-dying-tardigrade.html|respected Schofield'​s decision]]. He explained in his October 11 blog post that he was convinced to appeal after talking to a prominent //​Discovery//​ critic on YouTube.
  
 <WRAP right round info 320px> <WRAP right round info 320px>
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 </​WRAP>​ </​WRAP>​
  
-==== Not Enough Money ====+==== More than $20,000 Raised ​====
  
-The GoFundMe's $20,000 goal, however, would fail to pay for anything ​more than the plan to hire computer network experts. Despite asking for so much money, Abdin provides no justification in the GoFundMe story for these items in an appeal ​where their findings may not even be admissible (beyond the obvious attorney and court fees).+Following a weekend telethon on YouTube, Buehler'​s ​GoFundMe quickly met his $20,000 goal, with donations continuing ​to trickle in to total $20,735 by November 6. The telethon raised ​more than the $5,000 Bueheler said Abdin told him he needed immediately to proceed with the appeal. Buehler provided no information about why that amount was needed in three days.
  
-By Abdin'​s own accounting, Buechler'​s $20,000 goal falls short of what he says he needs to proceed with the appeal.+=== Not Enough Money ===
  
-=== Weekend Telethon ===+The GoFundMe'​s $20,000 goal, however, would fail to pay for anything more than the plan to hire computer network experts. Despite asking for so much money, Abdin provides no justification in the GoFundMe story for these items in an appeal where these experts'​ findings may not even be admissible (beyond the obvious attorney and court fees).
  
-Buechler ​said Friday he plans to hold a YouTube telethon to raise $5,000 Abdin needs by Monday. He only guessed what the money was for and provided no information about why that amount was needed in three days. +By Abdin'​s own accounting, ​Buechler'​s ​$20,000 goal falls short of what he says he needs to proceed with the appeal.
- +
-By early Saturday morning, the GoFundMe raised $4,050 from 87 donors, including a single contribution of $1,000.+
  
 [{{ ::​justice_for_anas_logo.jpg|Nerdrotic is selling a Justice for Anas T-shirt to raise money for Abdin'​s appeal.}}] [{{ ::​justice_for_anas_logo.jpg|Nerdrotic is selling a Justice for Anas T-shirt to raise money for Abdin'​s appeal.}}]
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 === Assumed Factual === === Assumed Factual ===
  
-A big challenge faced by the appeal is that Schofield'​s decision **already assumed all the facts** in Abdin'​s complaint ​are true. The Second Circuit court will do the same, applying the same test for copyright infringement Schofield did.+A big challenge faced by the appeal is that Schofield'​s decision **already assumed all the facts** in Abdin'​s complaint ​were true and still found he had no case. The Second Circuit court will also make the same assumption, applying the same test for copyright infringement Schofield did.
  
 === Copyright Test === === Copyright Test ===
  
-The Second Circuit, which includes Schofield'​s Southern District of New York, applies a specific test for determining whether a work has been infringed. She applied the “More Discerning Ordinary Observer Test,” to decide whether Tardigrades and //​Discovery//​ are substantially similar. 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, "​standing alone, are and only then does the court apply the stricter “more discerning ordinary observer test” to find [[tardigrades_dismissal_motion#​substantial_similarity]].(([[http://​digital.law.washington.edu/​dspace-law/​bitstream/​handle/​1773.1/​1405/​10wjlta89.pdf?​sequence=3|Rachel Wallace, "​Framing the Issue: Avoiding a Substantial Similarity Finding in Reproduced Visual Art,"​]] Washington Journal of Law, Technology & Arts, Vol. 10, Issue 2, pp. 98-100, Fall 2004.))+The Second Circuit, which includes Schofield'​s Southern District of New York, applies a specific test for determining whether a work has been infringed. She applied the “More Discerning Ordinary Observer Test,” to decide whether Tardigrades and //​Discovery//​ are substantially similar. 
 + 
 +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, "​standing alone, are and only then does the court apply the stricter “more discerning ordinary observer test” to find [[tardigrades_dismissal_motion#​substantial similarity]].(([[http://​digital.law.washington.edu/​dspace-law/​bitstream/​handle/​1773.1/​1405/​10wjlta89.pdf?​sequence=3|Rachel Wallace, "​Framing the Issue: Avoiding a Substantial Similarity Finding in Reproduced Visual Art,"​]] Washington Journal of Law, Technology & Arts, Vol. 10, Issue 2, pp. 98-100, Fall 2004.))
  
 === No Infringement === === No Infringement ===
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 === Superficial Similarities === === Superficial Similarities ===
  
-What similarities she did find, the judge determined ​they were "​[[https://​us20.campaign-archive.com/?​u=2d0411ecf0787fd9d4dc8dc5c&​id=8fdf5fbac2|not actionable.]]"​ Where Abdin had tried to argue his characters had been copied by Discovery'​s creators for the characters of Burnham, Stamets, Culber and Tilly, ​Schofield ​found "the alleged similarities between … characters in the two works also fails to support a claim, as they are mostly generalized non-protectable descriptions."​+What similarities she did find, Schofield ​determinedwere "​[[https://​us20.campaign-archive.com/?​u=2d0411ecf0787fd9d4dc8dc5c&​id=8fdf5fbac2|not actionable.]]"​ Where Abdin had tried to argue his characters had been copied by Discovery'​s creators for the characters of Burnham, Stamets, Culber and Tilly, ​the judge found "the alleged similarities between … characters in the two works also fails to support a claim, as they are mostly generalized non-protectable descriptions."​
  
 The circuit court will have to determine whether Schofield ruled correctly about the [[https://​us20.campaign-archive.com/?​u=2d0411ecf0787fd9d4dc8dc5c&​id=8fdf5fbac2|many dissimilarities]] she found between the two works. The circuit court will have to determine whether Schofield ruled correctly about the [[https://​us20.campaign-archive.com/?​u=2d0411ecf0787fd9d4dc8dc5c&​id=8fdf5fbac2|many dissimilarities]] she found between the two works.
  
-==== Doomed ​anyway? ====+==== Doomed ​Anyway? ====
  
 Even if Schofield had allowed the lawsuit to move forward, Abdin'​s attorneys had already conceded important parts of the case: Even if Schofield had allowed the lawsuit to move forward, Abdin'​s attorneys had already conceded important parts of the case:
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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://​www.ca2.uscourts.gov/​clerk/​case_filing/​appealing_a_case/​civil_case/​expedited_appeals_calendar.html|"​Expedited Appeals Calendar,"​]] Case Filing, U.S. Court of Appeals for the Second Circuit, 12/​5/​13.)) +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:​(([[http://​www.ca2.uscourts.gov/​clerk/​case_filing/​appealing_a_case/​civil_case/​expedited_appeals_calendar.html|"​Expedited Appeals Calendar,"​]] Case Filing, U.S. Court of Appeals for the Second Circuit, 12/​5/​13.)) 
-<WRAP center 95%><fs smaller+<WRAP center 95%> 
-1. Abdin'​s appeal brief is due 35 days from the date of the clerk'​s notification. \\ +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'​s filing to file its appeal brief. \\ +2. Abdin'​s appeal brief is due 35 days from the date of the clerk'​s notification. \\ 
-3. Abdin will then have 14 days from CBS' filing to file a reply.</fs>+3. CBS will have 35 days from Abdin'​s filing to file its appeal brief. \\ 
 +4. Abdin will then have 14 days from CBS' filing to file a reply.
 </​WRAP>​ </​WRAP>​
 </​WRAP>​ </​WRAP>​
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 ===== Why This Matters ===== ===== Why This Matters =====
  
-Abdin'​s lawsuit had become a //cause célèbre// among //​Discovery//​ critics like Buechler, using the suit to make their case this latest Star Trek series was unoriginal and fundamentally flawed, becoming ​a lightning rod for some fans of traditional Star Trek who have rejected //​Discovery//,​ as well as others still smarting from CBS’ copyright lawsuit against [[Axanar]] and and its producer, [[Alec Peters]].+Abdin'​s lawsuit had become a //cause célèbre// among //​Discovery//​ critics like Buechler, using the suit to make their case this latest Star Trek series was unoriginal and fundamentally flawed. Abdin'​s appeal has become ​a lightning rod for some fans of traditional Star Trek who have rejected //​Discovery//,​ as well as others still smarting from CBS’ copyright lawsuit against [[Axanar]] and and its producer, [[Alec Peters]].
  
 ==== Abdin'​s career options ==== ==== Abdin'​s career options ====