Differences

This shows you the differences between two versions of the page.

Link to this comparison view

Both sides previous revisionPrevious revision
Next revision		Previous revision
tardigrades_steam [2019/01/08 22:50] – Updates link Carlos Pedrazatardigrades_steam [2019/02/08 19:26] (current) – Carlos Pedraza
Line 2: Line 2:
 <wrap indent><fs x-small>//Greenlight Image/Valve Corp.//</fs></wrap> <wrap indent><fs x-small>//Greenlight Image/Valve Corp.//</fs></wrap>
  
-====== Judge Wants Evidence Discovery Creators Saw Tardigrades Game ======+====== Judge Wants Evidence Discovery Creators Saw Game ======
  
-//**Schedule Set to File Third Legal Complaint, Motion to Dismiss**//+<fs x-small>JANUARY 8, 2019<wrap indent> |</wrap><wrap indent>READING TIME 5 MIN 25 SECS</wrap></fs> 
 + 
 +//**Schedule Set for Tardigrades Developer to File Third Legal Complaint, and to Deal With Motion to Dismiss**//
 {{TOC}} {{TOC}}
 {{page>byline}} {{page>byline}}
Line 20: Line 22:
  
 The judge called for the conference to hear why she should entertain a motion to dismiss the case that is expected to be filed by the defendants. The judge called for the conference to hear why she should entertain a motion to dismiss the case that is expected to be filed by the defendants.
 +
 +[{{ :judge_shofield.jpg?100px|Federal Judge **Lorna G. Schofield**}}]
  
 ==== Third Amended Complaint ==== ==== Third Amended Complaint ====
  
 Following that meeting in her chambers, Schofield approved a request by Abdin's lawyers to submit a third amended legal complaint against CBS and Netflix, giving the plaintiff another chance to address potential weaknesses in his case. That complaint was to be filed within a week, by January 15. Following that meeting in her chambers, Schofield approved a request by Abdin's lawyers to submit a third amended legal complaint against CBS and Netflix, giving the plaintiff another chance to address potential weaknesses in his case. That complaint was to be filed within a week, by January 15.
- 
-[{{ :judge_shofield.jpg|Federal Judge Lorna G. Schofield}}] 
  
 Schofield went on to set filing deadlines — with strict page limits — for the expected dismissal motion and its responses. Schofield went on to set filing deadlines — with strict page limits — for the expected dismissal motion and its responses.
 +
 +==== Serving Truth and Justice ====
 +
 +On his blog, [[http://anas-tronaut.blogspot.com/2019/01/discovery-ordered-for-star-trek.html|Abdin described]] the meeting as having "very positive outcomes that help find the truth and serve justice." He said, "The defendants' request to dismiss the case based on it being a 'frivolous claim' was not entertained by the judge."(([[http://anas-tronaut.blogspot.com/2019/01/discovery-ordered-for-star-trek.html|"Discovery ordered for Star Trek Discovery"]], Anastronaut blog, 1/9/19.))
 +
 +While that term may have been used in the meeting, it had not appeared in any of CBS' legal documents filed to date, its lawyer instead preferring to describe the suit as "meritless."
  
 ==== STEAM-y Discovery ==== ==== STEAM-y Discovery ====
Line 36: Line 44:
  
 <WRAP right round info 320px> <WRAP right round info 320px>
-<fs larger>**What is Steam?**</fs> \\ +[{{ ::steam_logo.png?nolink&90|<fs smaller>//Image/Wikipedia//</fs>}}] 
-[{{ ::steam_logo.png?nolink&100|<fs smaller>//Image/Wikipedia//</fs>}}] +**What is Steam?** 
-<fs smaller>Steam is a digital distribution platform developed by Valve Corporation for purchasing and playing video games. Steam offers video streaming and social networking services. Steam installs and automatically updates its games, providing users with installation and automatic updating of games, as well as offering community features such as friends lists and groups, cloud saving, and in-game voice and chat functionality.</fs>((Wikipedia: [[wp>Steam_(software)]], retrieved 1/8/19.))+<fs smaller>Steam is a digital distribution platform developed by Valve Corp. for purchasing and playing video games. Steam offers video streaming and social networking services. \\ 
 +Steam installs and automatically updates its games, providing users with installation and automatic updating of games, as well as offering community features such as friends lists and groups, cloud saving, and in-game voice and chat functionality.</fs>((Wikipedia: [[wp>Steam_(software)]], retrieved 1/8/19.))
 </WRAP> </WRAP>
  
Line 47: Line 56:
 In 2015, interest in the Steam community about Abdin's game had grown to the point where members voted for it to be "greenlit" — approved for distribution on the site once completed: In 2015, interest in the Steam community about Abdin's game had grown to the point where members voted for it to be "greenlit" — approved for distribution on the site once completed:
  
-> This game has been Greenlit by the Community! The community has shown their interest in this game. Valve [Stteam's owner] has reached out to this developer to start moving things toward release on Steam.(([[https://steamcommunity.com/sharedfiles/filedetails/?id=344701010|Steam Greenlight]], 8/25/15.))+> This game has been Greenlit by the Community! The community has shown their interest in this game. Valve [Steam's owner] has reached out to this developer to start moving things toward release on Steam.(([[https://steamcommunity.com/sharedfiles/filedetails/?id=344701010|Steam Greenlight]], 8/25/15.)) 
 + 
 +==== Establishing Defendants' Access ====
  
 <WRAP right round important 320px> <WRAP right round important 320px>
Line 56: Line 67:
 **MARCH 5** Plaintiff must file to oppose dismissal motion. \\ **MARCH 5** Plaintiff must file to oppose dismissal motion. \\
 **MARCH 12** CBS/Netflix can file to answer Abdin's opposition. \\ **MARCH 12** CBS/Netflix can file to answer Abdin's opposition. \\
-**MARCH 19** End of discovery period.</fs>+**MARCH 19** End of limited discovery.</fs>
 </WRAP> </WRAP>
  
-==== Establishing Defendants' Access ==== + In a December letter to the judge arguing against the defense's intention to move to dismiss the case, Abdin's lawyer, [[tardigrade_lawsuit_trouble#plaintiff_s_attorneys|John Johnson]] claimed, “Hundreds of thousands of interested fans viewed the [Tardigrades game’s] treatment, thereby establishing a question of fact as to the defendants’ access.”((Abdin v. CBS Broadcasting Inc. et al., Docket 39, p. 1, 12/05/18.))
- +
-In a December letter to the judge arguing against the defense's intention to move to dismiss the case, Abdin's lawyer, [[tardigrade_lawsuit_trouble#plaintiff_s_attorneys|John Johnson]] claimed, “Hundreds of thousands of interested fans viewed the [Tardigrades game’s] treatment, thereby establishing a question of fact as to the defendants’ access.”((Abdin v. CBS Broadcasting Inc. et al., Docket 39, p. 1, 12/05/18.))+
  
 === No Evidence === === No Evidence ===
Line 70: Line 79:
  
 It was that lack of evidence that Schofield appeared to question in ordering discovery, essentially challenging the plaintiff to demonstrate with evidence that Discovery's creators had accessed, viewed or voted on the Tardigrades game prospectus on Steam. It was that lack of evidence that Schofield appeared to question in ordering discovery, essentially challenging the plaintiff to demonstrate with evidence that Discovery's creators had accessed, viewed or voted on the Tardigrades game prospectus on Steam.
 +
 +=== A Mighty Big ‘If’ ===
 +
 +In their January 2 status letter to the judge, Abdin's attorneys had claimed "the defendants are a part of the Steam community since 2010 [and] … received requests to accept plaintiff’s game into the STEAM community, which mandated review and voting for the game to be included on Steam. The review and voting occurred [in 2015]. … <wrap hi>If revealed during discovery, proof of direct access will be firmly established.</wrap>"
 +
 +Of course, "the defendants" (CBS and Netflix) comprise tens of thousands of employees all over the globe. Abdin is going to have to find CBS employees who are also Steam members who also worked on developing DSC, and who also voted on the Tardigrades game in 2015. 
 +
 +Abdin's lawyer also seemed to insinuate that all Steam community members were mandated to review and vote on every single one of the 4,000 games up for review. Steam members have no such obligation.
 +
 +=== Greenlight, Red Light ===
 +
 +In fact, Steam discontinued the Greenlight program in 2017 because it was overwhelmed by so many game proposals:
 +
 +> Though borne of good intentions, Greenlight was criticized by developers as an uncertain and opaque process, and for letting through games at such a high volume that <wrap hi>it was hard for any to stand out</wrap>.(([[https://www.polygon.com/2017/6/14/15801334/steam-greenlight-closing-mass-approval-steam-direct|"Steam Greenlight closes with mass approval of games," Polygon.com]], 6/14/17.))
  
 === Limited Discovery === === Limited Discovery ===
  
-The wording of the judge's order made clear that Abdin's lawyers were going to have to find evidence in such places as computer logs, emails or other sorts of documents.+The wording of the judge's order made clear that Abdin's lawyers were going to have to find evidence in such places as computer logs, emails or other sorts of documents. 
  
-Off limits, according to Schofield, were depositions of anyone with regard to the case. But both sides got 10 weeks to search for evidence to convince the judge.+For his part, Abdin sought to characterize the judge's order for discovery and the new amended complaint as positive steps that would allow him to strengthen his case:
  
-===== Motion to Dismiss =====+> The judge also gave us 'discovery' which means that we can request and the defendants are compelled to provide information to support our case. The discovery order was only one-sided which means that the defendants cannot request information from us.(([[http://anas-tronaut.blogspot.com/2019/01/discovery-ordered-for-star-trek.html|"Discovery ordered for Star Trek Discovery"]], Anastronaut blog, 1/9/19.))
  
-Concurrently with the limited discovery, Schofield set a timetable for consideration of the defendants' expected motion to dismiss the case.+The judge granted discovery because if Abdin can't demonstrate Discovery's creators knew about his game it makes no sense to continue with the case and would only strengthen the defendants' expected motion to dismiss. 
 + 
 +She also strictly limited how discovery could be conducted. Specified as off limits, for example, were depositions of anyone with regard to the case. Abdin's attorneys got 10 weeks to search for evidence to convince Schofield. 
 + 
 +===== Motion to Dismiss =====
  
-Following submission of the third amended legal complaint on January 15, the defense had to file for dismissal by February 12. Abdin's reply opposing the motion was set for March 5. The judge imposed a 25-page limit for both pleadings.+Contrary to [[http://anas-tronaut.blogspot.com/2019/01/discovery-ordered-for-star-trek.html|Abdin's own account]] of the meeting Schofield set a timetable for her to indeed entertain the defendants' expected motion to dismiss the case. That schedule was to run concurrently with the limited discovery approved by the judge.
  
-If CBS and Netflix want to reply to the plaintiff's opposition, Schofield said they may do so within a week, by March 12. Discovery on the access question was set for completion a week later.+Following submission of the third amended legal complaint on January 15, the defense was scheduled to file for dismissal by February 12, while Abdin's reply opposing the motion was set for March 5. The judge imposed a 25-page limit for both pleadings.
  
 +If CBS and Netflix want to reply to the plaintiff's opposition, Schofield said they may do so within a week, by March 12; that reply was limited to 10 pages. Meanwhile, discovery on the access question was set for completion a week later. Presumably, the judge's decision on dismissal would come shortly after that.
 ===== Joint Status Letter ===== ===== Joint Status Letter =====