Read on Twitter
You know what I have to do now don't you? I have to analyse the case, for the culture.
Page One - This damn messy franchise is at it again!
This is a 38 page judgement so bear with me, I may leave to get snacks.
Background: Abdin's videogame Epoch, later known as Tardigrades was created in 2014 - it features a tardigrade travelling in Space.
Star Trek Discovery was created two years later in 2017 and also features a tardigrade.
Abdin alleged infringement on this basis.
Star Trek Discovery was created two years later in 2017 and also features a tardigrade.
Abdin alleged infringement on this basis.
Tardigrades are real creatures and are factually known to be able to survive in extreme habitats, this includes Space.
Tardigrades have been featured in a variety of other fictional works (inc. references by Terry Pratchett)
Personal comments - marked PC: because of the extraordinary qualities of the creatures in reality it is no surprise they are used widely in science fiction.
Personal comments - marked PC: because of the extraordinary qualities of the creatures in reality it is no surprise they are used widely in science fiction.
Abdin posted drafts and images of his videogame on his personal blog + social media
PC: I question the likelihood of anyone at CBS being aware of this material.
PC: I question the likelihood of anyone at CBS being aware of this material.
Abdin registered copyright for the concepts of the (point and click) videogame with details + backstory.
The protagonist is a blonde male botanist.
The protagonist is a blonde male botanist.
The protagonist is at one point absorbed by the tardigrade + assumes super powers including instantaneous space travel
The remaining cast is also diverse.
The remaining cast is also diverse.
*Judgement comments on the notoriety of Star Trek - Kirk and Spock as household names*
A brief background on Discovery since most of us will be familiar ha - sets up backstory of Michael Burnham + the Klingon War
A brief background on Discovery since most of us will be familiar ha - sets up backstory of Michael Burnham + the Klingon War
MB is aboard The Discovery
Captain Lorca is on the search for weapons that will give them strategic advantage over the Klingons
main storyline involves a creature named Ripper - that has similar qualities to earth tardigrades - it's used for travel jumps across the universe
Captain Lorca is on the search for weapons that will give them strategic advantage over the Klingons
main storyline involves a creature named Ripper - that has similar qualities to earth tardigrades - it's used for travel jumps across the universe
Ripper experiences a physical toll being used for said travel - relates to what is known as "tun" in real life tardigrades: a state of distress.
PC: many of the aspects of similarity argued by Abdin are merely facts related to the actual creatures IRL
PC: many of the aspects of similarity argued by Abdin are merely facts related to the actual creatures IRL
Abdin's complaints of infringement have previously been dismissed by the court.
Central was that the tardigrade character in DISCO is "substantially similar" to his own in mood, plot + overall feel
Central was that the tardigrade character in DISCO is "substantially similar" to his own in mood, plot + overall feel
The ability to survive in Space was held not to be a protectable element.
Information cannot be protected by copyright. Ultimately, one cannot own scientific facts.
So, Abdin's claims against CBS were held to comprise of "generalised non-protectable descriptions".
Information cannot be protected by copyright. Ultimately, one cannot own scientific facts.
So, Abdin's claims against CBS were held to comprise of "generalised non-protectable descriptions".
PC: it would be a woefully unjust system if the facts of nature could be subject to copyright protection.
A free for all in which you could own facts on a first come first served basis is not within the aims of copyright law.
A free for all in which you could own facts on a first come first served basis is not within the aims of copyright law.
Abdin appealed resulting in the present case-
To establish copyright infringement you must
a) Have ownership of a valid copyright
b) Your work must be original
a) Have ownership of a valid copyright
b) Your work must be original
A case called Feist establishes that Original (in copyright) means that "the work was independently created by the author...and that it possesses at least some minimal degree of creativity".
Abdin must demonstrate that CBS copied his work and that the copying is illegal because "substantial similarity" exists between Epoch (Tardigardes) and DISCO.
The test = "what an ordinary observer would regard as the same" /aesthetics
The test = "what an ordinary observer would regard as the same" /aesthetics
PC: no trickery afoot here - the crux of the issue is whether the works are similar or not
Elements in the public domain = unprotectable
Elements in the public domain = unprotectable
The pace, setting, characters, plot + theme are to be analysed.
Second circuit affirmed the findings of the previous dismissal - this was for three main reasons:
Second circuit affirmed the findings of the previous dismissal - this was for three main reasons:
1. Facts and ideas are not protected by copyright
PC: you may think, why can't I protect my ideas?
Well, frankly it would be anarchy.
"No no no I definitely thought of a super hero who could shoot ice first I own it"
"No I did except mine is from Brazil"
Too vague.
PC: you may think, why can't I protect my ideas?
Well, frankly it would be anarchy.
"No no no I definitely thought of a super hero who could shoot ice first I own it"
"No I did except mine is from Brazil"
Too vague.
Only an EXPRESSION of an idea is protected by copyright law.
Substance.
Substance.
2. Also deemed unprotectable are scènes à faire = "sequences of events which necessarily follow from a common theme"
PC: Space for example! and travelling within it.
Ironically under a system in which Abdin seems to envision CBS could be countersuing for the fact he created a game featuring Space travel - Kirk did it first of course!
Ironically under a system in which Abdin seems to envision CBS could be countersuing for the fact he created a game featuring Space travel - Kirk did it first of course!
Here we can see how such broad copyright would be fundamentally wrong, and stifle creativity.
3. Generic traits are not protectable.
Hair colour, gender and race.
PC: It would be an absurd system if it were the case.
"Oh, well Star Wars has a white character with long black hair, we can't have that in our show about vaguely British guys fighting with dragons"
Hair colour, gender and race.
PC: It would be an absurd system if it were the case.
"Oh, well Star Wars has a white character with long black hair, we can't have that in our show about vaguely British guys fighting with dragons"
The court reiterated the fact that the visual similarity of the tardigrades while limited, only bore resemblance on the basis of scientific facts - O-shaped mouth etc.
The tardigrades appearance in numerous other works of fiction, the ability to survive in Space being fact also reiterated as unprotectable.
PC: unless Abdin would like the authors of the scientific papers confirming this knowledge to sue him for infringement...
PC: unless Abdin would like the authors of the scientific papers confirming this knowledge to sue him for infringement...
The basis for copyright laws in the US are founded in the constitution which states they must uphold "the progress of science and useful arts"
PC: to limit factual information would evidently be in opposition to this ideal.
PC: to limit factual information would evidently be in opposition to this ideal.
Unless Abdin wants to take this to the Supreme Court I see no alternative avenue here.
"To grant property status to a mere idea would permit withdrawing the idea from the stock of materials that would otherwise be open to other authors, thereby narrowing the field of thought open for development and exploitation."
The judgement reads: "In other words, as aptly put by Spock and Captain James T. Kirk in Star Trek II: The Wrath of Khan (Paramount Pictures 1982), "[t]he needs of the many outweigh the needs of the few . . . or the one."
Abdin has failed because:
a) the tardigrade is an unprotected idea/scientific fact
b)there is little originality to his version
/comparison to a case where historical facts could not be found protectable
a) the tardigrade is an unprotected idea/scientific fact
b)there is little originality to his version
/comparison to a case where historical facts could not be found protectable
PC: shattering oof
but it's not just about the lack of similarities, there are MANY differences in DISCO
PC: which presents itself as a more well rounded fully fleshed universe-
Tardigrade in DISCO is encased in glass aboard the ship
Ripper while appearing blue at times is primarily dark brown
PC: which presents itself as a more well rounded fully fleshed universe-
Tardigrade in DISCO is encased in glass aboard the ship
Ripper while appearing blue at times is primarily dark brown
PC: I- never mind I won't even say anything here...
"Most significantly, while it is unclear what role the nameless tardigrade plays in the Videogame, Ripper is very much at the center" of DISCO
/Klingon war storyline promotes further difference
Ripper has a personality and sentience - hostile - peaceful
/Klingon war storyline promotes further difference
Ripper has a personality and sentience - hostile - peaceful
SIGNFICANTLY, it is held that even if Abdin's tardigrade was a protectable character the court would not have found similarity regardless
- themes of Space travel = unprotectable
"like cowboys, bank robbers, and shootouts in stories of the American West -- get no protection."
PC: imagine a world without A Fistful of Datas
"like cowboys, bank robbers, and shootouts in stories of the American West -- get no protection."
PC: imagine a world without A Fistful of Datas
Character similarities alleged found to be "mostly generalised" and non-protectable
"Courts in this circuit have routinely denied character infringement claims sharing far more similar characteristics and features."
PC: so no not a CBS conspiracy.
"Courts in this circuit have routinely denied character infringement claims sharing far more similar characteristics and features."
PC: so no not a CBS conspiracy.
PC: Abdin's attempts to monopolise ownership of characters skin and hair colours was particularly troubling to me
Both the game and series feature characters with darker complexions as doctors, as well as a ginger character.
PC:
Both the game and series feature characters with darker complexions as doctors, as well as a ginger character.
PC:
Significant differences were found between the characters.
Total Concept and Feel - this argument for infringement was also rejected
"Discovery builds on decades of Star Trek plot lines, themes, and stories, referring back to original characters and settings from previous series"
"Discovery builds on decades of Star Trek plot lines, themes, and stories, referring back to original characters and settings from previous series"
Contrast to Abdin's work - "the Videogame's "total concept and feel" is unclear as it is composed of multiple, disjointed vignettes depicting interactions among seven characters."
IN CONCLUSION, it was held that there was no substantial similarity between Epoch and DISCO-
Abdin failed to put forward a plausible argument.
The tardigrade in his game is a minor character in comparison + most of his basis for infringement relied on scientific facts.
Abdin failed to put forward a plausible argument.
The tardigrade in his game is a minor character in comparison + most of his basis for infringement relied on scientific facts.
And, thus the district court's judgement was affirmed.
