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tardigrades_dismissal_motion [2019/02/14 02:10] – Carlos Pedraza | tardigrades_dismissal_motion [2019/09/20 13:12] (current) – [No Substantial Similarity] Carlos Pedraza | ||
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===== No Substantial Similarity ===== | ===== No Substantial Similarity ===== | ||
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- | Under U.S. copyright laws, the concept of [[#Other Alleged Similarities|substantial similarity]] is a key part of determining whether copyright infringement has occurred. There are other components, but this is the one upon which CBS' | + | Under U.S. copyright laws, the concept of [[#other_alleged_similarities|substantial similarity]] is a key part of determining whether copyright infringement has occurred. There are other components, but this is the one upon which CBS’ case largely hinges. |
- | CBS' | + | CBS’ lawyers argue an [[:breakdown_dismissal_letter|actual comparison]] between Discovery and Anas Abdin’s never-published Tardigrades videogame reveals no substantial similarities between the two. |
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- | The motion noted that the actual registered copyrighted work is not the unfinished game, nor Abdin's 23 short concept YouTube videos, nor his blog posts, but instead a " | + | The motion noted that the actual registered copyrighted work is not the unfinished game, nor Abdin’s 23 short concept YouTube videos, nor his blog posts, but instead a " |
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* “The only ‘similarities’ between the game and Discovery, says CBS, “is that both tardigrades are enlarged and can move through space. Space-faring tardigrades — including enlarged fictional tardigrades — are, of course, not original to Plaintiff.” | * “The only ‘similarities’ between the game and Discovery, says CBS, “is that both tardigrades are enlarged and can move through space. Space-faring tardigrades — including enlarged fictional tardigrades — are, of course, not original to Plaintiff.” | ||
* Other purported similarities are too generically described to qualify for copyright protection, according to the motion. | * Other purported similarities are too generically described to qualify for copyright protection, according to the motion. | ||
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</ | </ | ||
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- | Moreover, the audience test "asks whether the defendant wrongly copied enough of the plaintiff’s protected expression to cause a reasonable lay observer to immediately detect the similarities between the plaintiff’s expression and the defendant’s work, without any aid or suggestion from others." | + | |
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==== Other Alleged Similarities ==== | ==== Other Alleged Similarities ==== | ||
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In his complaint, the defense said Abdin claimed his characters' | In his complaint, the defense said Abdin claimed his characters' | ||
- | CBS said Star Trek has a long history of such uniforms, "that delineate status, rank, etc., and, if that were infringement, | + | CBS said Star Trek has a long history of such uniforms, "that delineate status, rank, etc., and, if that were infringement, |
=== Stock Characters === | === Stock Characters === | ||
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=== Plaintiff' | === Plaintiff' | ||
- | A response by Abdin' | + | A response by Abdin' |
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+ | Discuss this article in [[face> | ||
+ | </ | ||
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+ | **Keywords** |