Saturday, March 23, 2019

!protectable

Let me mention some facts. Now please bear with me as what you are about to read is not going to sound logical at all, except to CBS's lawyers Wook Hwang and Jonathan Zavin.

  1. First, they argued that they did nothing wrong and that my complaint (the lawsuit) is frivolous (which the court later ruled in my favor for this part)
  2. Then they partially admitted access and copying but that they copied the "de minimis" (the allowable amount) and "Scènes à faire" (common scenes in a specific genre or theme).
  3. Then they argued (and I can't believe I'm saying this...) that what they copied has no similarities.
  4. And finally, they are now saying that they did not copy because we came with our ideas independently.

Now I'm not a law expert or anything but I think even a 5 years old can come up with a better and more logical argument than Wook's. I had to make sure with both my lawyers Allan Chan and John Johnson that I do understand these arguments clearly as they make no sense to me. These arguments are from their actual filed dismissal letters to the court. All they did so far are desperate trials to mislead the court with irrelevant cases while contradicting themselves to a pathetic point. Why would they need to use all these varied and different arguments if they were innocent?

Based on Wook's arguments, my elements are not protectable, so the same goes with theirs. None of their material is protectable (Scènes à faire). None of their Star Trek material is protectable. This means (from their arguments) that anyone can create a work with the same bridge crew and the spore-drive and the giant tardigrade navigator. Does that mean The Orville had protection from the beginning and is not treated as a parody? Because honestly, The Orville did not even get close to any of those specific elements from Star Trek as Star Trek Discovery did to my Tardigrades game.

Sometimes I feel puzzled how Wook's arguments go past CBS' law department, unless their intention is to damage the IP of the Star Trek franchise to win their battle with me. So far, this is what seems to be going on.

17 comments:

  1. I was going to say those lawyers should be fired immediately but no, pls keep them they gonna make CBS lose in shame :')

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  2. "Why would they need to use all these varied and different arguments if they were innocent?" They are not innocent. That's why. You are going to win Mr. Abdin, and BIG.

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  3. their arguments are not making any sense and I'm laughing like hell! Thanks for the early morning laugh! Made my day!

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  4. At this point I will not be surprised if they also copied someone else to make season 2.

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  5. It might be a David and Goliath fight, but remember who won. I wish you all the best and all the success that you deserve. Hang in there.

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  6. They should just pay you money. What they are doing is typical lawyer stuff trying to avoid a bigger payment. So in this case behavior is logical. Also you can have same idea like someone else without knowing it. But actually it looks quite inspired, copied from your game and they should honor this and also pay you for your good work

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  7. I can't imagine it what these complete idiots at CBS think they are trying to accomplish with the resistance to your very legitimate claim of at least a potential case of plagiarism. They make huge profits -- why not just simply enter negotiations with you and come to some kind of financial settlement that is fair to both parties but doesn't require CBS to admit to any wrongdoing? Something tells me that will be the outcome of this case anyway. Keep on keeping on! I'm going to put this blog up on all my social media sites to help raise awareness.

    Live long and Prosper!

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  8. I went and posted about this on my YouTube channel. – https://www.youtube.com/watch?v=0G-MJ10zp3A

    CBS is obviously getting desperate. Its lawyers know they haven't got a prayer, so they're tossing out anything and everything they can think of hoping something will stick. The longer this case drags on, the less likely CBS is to win. I just hope the judge sees through these ploys and frankly, if it was me on the bench, I'd give CBS twenty-four hours to hand over the requested materials or I'd rule in your favor. This isn't simply a matter of not liking STD; it's a matter of principle. Rulings can be appealed, yes, but once they are handed down they have to be obeyed. If participants in a trial, be it criminal or civil, can flout the orders of the court, then there is no legal system.

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  9. You should drop this lawsuit with CBS. Your game is trash from what I see; it’s looking outdated and pixelated and it’s surely nothing I’d want to touch/play.
    Two you are stealing the likeness of real life men and women and then trying to scream copyright over them looking like themselves.

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    1. "you are stealing the likeness of real life men and women and then trying to scream copyright over them looking like themselves."

      The game images were created years before the Star Trek actors were selected and their on screen look decided upon. Your admission of the stunning similarities is a testament to ANAS's claim. ;) :D

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  10. You should contact the Star Trek Axanar Team, combine resources and take on CBS.

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    1. Alec Peters and Axanar Productions came to a legally agreed settlement and the matter is legally closed. Alec Peters and Axanar Productions cannot reopen the case by Law.

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  11. Perhaps CBS should pay you to to be a content creator for STD, it needs all the help it can get. Good luck.

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  12. Obvious trolling going on here. It’s easy to critique a video game if all you play are big studio AAA titles, but Anas created this game by himself. Have you ever developed a video game from scratch, or do you even know how to program? Anas’ game focuses on storyline, and he did a damned good job developing it solo nearly 5 years ago. Your flawed critique simply offers no argument regarding IP, because you’re clearly not understanding the context of IP as it applies to this lawsuit. It would seem you don’t have a legal grasp of the IP violations that took place either. If this was a text-based video game or a book, CBS would still be liable for ripping off elements from a game written a few years before Discovery even came out.

    Did you actually read and understand the legal arguments, made by CBS, that mentioned regarding de minimis and scènes à faire? Or the fact that the court ruled favorably when CBS tried to dismiss it?

    Go pick up a C++ book and program a game on your own, while holding down a job, and try to imagine being a full-time caregiver to your parents at the same time. Then imagine a media giant stealing the elements of your game design overtly and knowingly—that’s what has happened here. For an indie video game with one designer, it’s pretty amazing. Not only do you have to know how to program the game engine, but also the graphics; neither of which are easy, nor is seeing those many hours of work be lifted by lazy and terrible story writing by the show runners. CBS did this because they thought they could get away with it, but Anas had and has the courage and fortitude to put his foot down and fight for his art and intellectual property.

    Also, before making any more snarky comments, you may want to consider that Anas developed this game to help his parents with medical expenses, which makes CBS/Paramount/Secret Hideout’s (vis a vis Kurtzman) even more reprehensible. He’s managed to churn out a show that’s stolen IP from Anas, not to mention almost duplicate copies of numerous other series by barely qualifying for de minimis and scènes à faire. The latter of the two were done more carefully, because the shows and scènes they took from were major motion pictures or television series where they would face major legal opposition. As for Anas and his awesome, self-made video game title, CBS simply thought they could bulldoze over him.

    Anas, if you’re reading this, ignore people like this. They’re using fallacious arguments and clearly a lack of respect or understanding for the work that you put into your title, which I think is incredible. There’s a list of films that Discovery literally copied scenes from and adapted them to their show, which is one of the reasons Discovery has been the disaster that it has (not to mention absolutely awful story writing and massive discontinuities from Star Trek canon). I hope you get the outcome that you deserve, recognition for your game’s IP. I admire you for making the sacrifice that you have for your mother and father, and that either through your game or the theft of its IP by CBS can help you and your family.

    All the best, brother, and a lot of people are cheering you on (with the exception of trollish folks like jetnova16). I hope and believe that you will see justice for the theft that has taken place.

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  13. I gotta wonder.. who is the screenwriter and how much of a part did this play in how direct of a copy this is?

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  14. I am seriously looking forward to your game and I am honestly disgusted with CBS.

    One glaring similarity is happenstance, two are suspicious, three are cause for scrutiny, five is plagiarism!

    I work for a law firm called Gardella Grace, you can look us up if you want, perhaps we can help you, we specialize in patents and intellectual property. We're on your side, I wish you the best, and I pray for your victory.

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  15. you may lost the battle but CBS is going to lose the war, public opinion on your side and they have the final say on CBS subscriptions

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