Star Trek Discovery claims for a frivolous lawsuit has no steam.
Yesterday, January 8th, the judge had a pretrial hearing in her courtroom with all lawyers involved. The meeting resulted in very positive outcomes that help find the truth and serve justice. The defendants request to dismiss the case based on it being a "frivolous claim" was not entertained by the judge. The defendants' argument kept going around me trying to own copyrights to the real life tardigrade (I never claimed that).
The judge set the timeline for summary judgment motion which means that the defendants attempt to dismiss the case is limited to actual legal defects instead of generic claims.
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.
Finally, the judge granted us the third amended complaint as of right. This means that we no longer need the expressed permission from the defendants to file the third complaint.
Thursday, January 3, 2019
Yesterday, January 2nd 2019, a joint letter was sent to the judge. The defendants are trying to dismiss the case. First they were defending themselves by saying that I'm trying to own copyrights to the real life microscopic tardigrade. I have never claimed by any mean that I owned the rights to the real life microscopic tardigrade. Now they are saying I cannot copyright "enlarged Tardigrades in space". The creatures in the game are huge Tardigrades, blue lit and being the research subject by a blonde botanist of which later will be used to facilitate instantaneous space travel. I've been posting development updates on my blog, Steam, AGS forums, Twitter, Reddit, YouTube... since May 2014 and I have always engaged with comments and discussions with fans and friends.
The defendants are trying to emphasize on the few elements from their show that were not taken from my work. We dug up an old case which has an interesting line: "No plagiarist can excuse his wrong by showing how much work he did not pirate." Sheldon v. Metro-Goldwyn Pictures Corp., 81 F.2d 49, 56. The defendants are also trying to say that my original ideas would qualify as Scènes à faire, like when a sci fi story includes a starship, a space captain, an engineer, a science officer and an alien. However, the expression of these characters as in facial features like pointy ears or ridged forehead are protected, Mattel, Inc. v. Goldberger Doll Mfg. Co., 365 F.3d 133 (2d Cir. 2004).
So according to the defendants, a blonde botanist doing a research on giant blue tardigrades to be used in space travel should be a common trait in science fiction movies just like "fast draw" scenes and bar fights in western movies.
The distribution of my project before September 2017 is quite excellent too. Before September 2017, my YouTube channel had a total of 3.2M views, the Tardigrades game-in-production thread on the AGS forums had 200K views and 500 comments replies making it the top adventure game-in-production of all time. My blog here had 100K views. Tardigrades was also Greenlit on Steam. For those of you who don't know what Steam is, Steam is the biggest gaming platform on the net. Game developers post demos, alphas, even concepts to the Steam Greenlight website, people start voting by answering this question: "Would you buy this game from Steam?" After getting enough votes, the game gets Greenlit, which means when its development is complete, Steam does some arrangements to host and sell the game on their massive platform. Note that there are several old Star Trek games on Steam even prior to 2014. Funny thing is, they might have even voted for Tardigrades.
Saturday, November 17, 2018
Regarding the Tardigrades vs. Star Trek Discovery case, a Second Amended Complaint has been filed on October 29 2018. I have added more similarities and a couple of companies/subsidiaries to the defendants list. So far things are going smooth and as anticipated. Everything mentioned in the complaint is based on the laws of the United States, specifically 17 United States Code 502-505, 17 U.S.C. 502-505.
The law is clear and straightforward; if you infringe someone's intellectual property you will have to stop the infringement act immediately and; if you profit from the infringed work you'll have to pass the profits to the original creator. I wasn't really aware of the latter. Thankfully, my lawyers know how much effort I have put into the development of Tardigrades and they know all the hard circumstances circling my personal life finding time for game development, so they wanted to make sure I get all my rights to keep my project alive and maintain its originality.
Wednesday, October 31, 2018
Back in 2014, I posted an update about The Emitter Spaceship. I was mainly focusing on demonstrating the non-linearity aspect of the game by showing the different ways the player can solve the puzzle associated with The Emitter Spaceship. Here's a link to the post from 2014.
I have explained: "Emitters are used for the main communications with Earth. They are used due to the distortion from the massive magnetic field of Jupiter." - Anas-tronaut blog
You can find more information on this post from 2015.
On the first episode of Star Trek Discovery, the Klingon's Sarcophagus -which is located in a highly radiated busy asteroids field- sent an intense light beam to communicate with other Klingon ships. Michael Burnham explained the light beam as: "It seems to be some sort of signal Emitter." - Star Trek Discovery Ep.1
Here's a YouTube video demonstrating one of the ways the player may use to reset The Emitter resulting in a message sent in the form of an intense beam of light: (no spoilers)
Tuesday, August 21, 2018
I wanted to keep you updated regarding the Tardigrades and Star Trek Discovery post from October 18th 2017. First of all, I want to thank everyone who posted videos, articles and even talked about the issue in their social media. The last 10 months were so hard on me and the development of the project. I tried every possible way to have a respectful and reasonable discussion with CBS but they treated me in disrespect and just dangled me around with postponing meetings due to their vacations and being busy. The first conversation turned into the last one. I gave them a lot of time to make things right. Unfortunately, I found myself at a dead end with them, and so I had to enforce my rights by filing a lawsuit to treat me seriously.
Wednesday, February 21, 2018
Wednesday, October 18, 2017
I've been approached lately by some of my fans via twitter, facebook, youtube and the AGS forums about several similarities between the new series Star Trek Discovery and my point and click adventure game Tardigrades. I honestly don't know how to begin this article, so I prepared a few screenshots from both the TV show and my game for comparison. I am doing this to clarify that I haven't stolen ideas from the show at all since all of my posts from the devlog are dated years before the show.
Tardigrades production announcement was on May 8th 2014. The devlog can be found here. The game is about a civilization that lived on Earth 20,000 years ago. They are on the verge of intergalactic travel using giant Tardigrades to travel anywhere in the universe. The main character, Carter, is a botanist whom will discover later in the game the connection between the super tough creature and instantaneous space travel. I've made several promo videos that can be found on my YouTube channel that show my ideas of space travel using giant Tardigrades.
The following two videos are what triggered most of Tardigrades fans to contact me:
My twitter friends also told me about how some of the characters resemble a lot of common traits between the show and the game. For instance, one of the main lead characters of Tardigrades is called Yolanda - a female that comes from an area that is now central Africa (remember the game is set on 20,000 B.C.)
I also have a homosexual couple with each of the men is assigned in different parts of the solar system. They are: bearded "middle eastern" Aziz and his boyfriend Ty who is in some danger situation. Later on the game another character is imprisoned with Aziz, his name is Maciek, a very white blonde dude.
To their defense, I think having a diverse crew is very relevant. It's just the too much coincidental appearances of the characters that may put my project into a weird situation. Not to forget that Paul has a "friend" in another federation ship that gave a hint of a long distant relation just as Aziz (Jupiter orbit) and Ty (Titan base) from Tardigrades.