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Update on the DSC lawsuit

lazarus51166lazarus51166 Member Posts: 646 Arc User
edited January 2019 in Ten Forward
The tl;dr version is that it wasn't laughed out of court and has been allowed to proceed to the discovery phase, no pun intended.

https://www.youtube.com/watch?v=FFWRiAmB52Y

I don't think its going to get very much further than that, but stranger things have happened
Post edited by wingedhussar#7584 on
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  • smokebaileysmokebailey Member Posts: 4,659 Arc User
  • wingedhussar#7584 wingedhussar Member Posts: 436 Community Moderator
    Merged duplicate threads by @lazarus51166 and @smokebailey.
    latest?cb=20171202101458

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  • majorcharvenakmajorcharvenak Member Posts: 226 Arc User
    Will drag out/settle but doubt much else.
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  • rattler2rattler2 Member Posts: 57,969 Community Moderator
    *facedesk*
    Its stupid. Not only that... I had never even HEARD of that game before all this shtako.
    db80k0m-89201ed8-eadb-45d3-830f-bb2f0d4c0fe7.png?token=eyJ0eXAiOiJKV1QiLCJhbGciOiJIUzI1NiJ9.eyJzdWIiOiJ1cm46YXBwOjdlMGQxODg5ODIyNjQzNzNhNWYwZDQxNWVhMGQyNmUwIiwiaXNzIjoidXJuOmFwcDo3ZTBkMTg4OTgyMjY0MzczYTVmMGQ0MTVlYTBkMjZlMCIsIm9iaiI6W1t7InBhdGgiOiJcL2ZcL2ExOGQ4ZWM2LTUyZjQtNDdiMS05YTI1LTVlYmZkYmJkOGM3N1wvZGI4MGswbS04OTIwMWVkOC1lYWRiLTQ1ZDMtODMwZi1iYjJmMGQ0YzBmZTcucG5nIn1dXSwiYXVkIjpbInVybjpzZXJ2aWNlOmZpbGUuZG93bmxvYWQiXX0.8G-Pg35Qi8qxiKLjAofaKRH6fmNH3qAAEI628gW0eXc
    I can't take it anymore! Could everyone just chill out for two seconds before something CRAZY happens again?!
    The nut who actually ground out many packs. The resident forum voice of reason (I HAZ FORUM REP! YAY!)
  • starswordcstarswordc Member Posts: 10,963 Arc User
    rattler2 wrote: »
    *facedesk*
    Its stupid. Not only that... I had never even HEARD of that game before all this shtako.

    Now I'm wondering if this wasn't just a publicity stunt by Anas Abdin.
    "Great War! / And I cannot take more! / Great tour! / I keep on marching on / I play the great score / There will be no encore / Great War! / The War to End All Wars"
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  • rattler2rattler2 Member Posts: 57,969 Community Moderator
    starswordc wrote: »
    Now I'm wondering if this wasn't just a publicity stunt by Anas Abdin.

    I wonder if it is, backed up by everyone who rages against Discovery.
    db80k0m-89201ed8-eadb-45d3-830f-bb2f0d4c0fe7.png?token=eyJ0eXAiOiJKV1QiLCJhbGciOiJIUzI1NiJ9.eyJzdWIiOiJ1cm46YXBwOjdlMGQxODg5ODIyNjQzNzNhNWYwZDQxNWVhMGQyNmUwIiwiaXNzIjoidXJuOmFwcDo3ZTBkMTg4OTgyMjY0MzczYTVmMGQ0MTVlYTBkMjZlMCIsIm9iaiI6W1t7InBhdGgiOiJcL2ZcL2ExOGQ4ZWM2LTUyZjQtNDdiMS05YTI1LTVlYmZkYmJkOGM3N1wvZGI4MGswbS04OTIwMWVkOC1lYWRiLTQ1ZDMtODMwZi1iYjJmMGQ0YzBmZTcucG5nIn1dXSwiYXVkIjpbInVybjpzZXJ2aWNlOmZpbGUuZG93bmxvYWQiXX0.8G-Pg35Qi8qxiKLjAofaKRH6fmNH3qAAEI628gW0eXc
    I can't take it anymore! Could everyone just chill out for two seconds before something CRAZY happens again?!
    The nut who actually ground out many packs. The resident forum voice of reason (I HAZ FORUM REP! YAY!)
  • jonsillsjonsills Member Posts: 10,354 Arc User
    rattler2 wrote: »
    starswordc wrote: »
    Now I'm wondering if this wasn't just a publicity stunt by Anas Abdin.

    I wonder if it is, backed up by everyone who rages against Discovery.
    Based on available data, this does seem a pretty likely scenario.
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  • khan5000khan5000 Member Posts: 3,007 Arc User
    The biggest hurdle the game maker now has is to prove that CBS got the ideas from him.
    Your pain runs deep.
    Let us explore it... together. Each man hides a secret pain. It must be exposed and reckoned with. It must be dragged from the darkness and forced into the light. Share your pain. Share your pain with me... and gain strength from the sharing.
  • starkaosstarkaos Member Posts: 11,556 Arc User
    khan5000 wrote: »
    The biggest hurdle the game maker now has is to prove that CBS got the ideas from him.

    It is more likely that CBS and the indie game developer got the inspiration for the Tardigrade from the recent Cosmos TV series. Neil deGrasse Tyson did say that Tardigrades are so tough they can survive naked in the vacuum of space. So it does make sense for multiple writers to use Tardigrades as a space creature. Also, space creatures need some interesting form of transportation to travel to their next meal.

    Getting inspiration from a popular science show makes far more sense than from an unknown game that the vast majority of people have never heard of until the lawsuit.
  • hawkeyenfo117hawkeyenfo117 Member Posts: 18 Arc User
    Even The Orville made a tardigrade reference in their first episode, which premiered around the same time as (maybe some days before) Discovery started airing.
  • starswordcstarswordc Member Posts: 10,963 Arc User
    Tardigrades (in dormant form, called a "tun") being inhumanly tough to kill has been known for a while: I remember reading about it in Muse magazine in the late '90s or early 2000s.

    Also, the thing about the tardigrade taking on DNA from the fungal cells was borrowed from a 2014 biology paper (which was later proven incorrect: Earth tardigrades actually AREN'T capable of horizontal gene transfer).
    "Great War! / And I cannot take more! / Great tour! / I keep on marching on / I play the great score / There will be no encore / Great War! / The War to End All Wars"
    — Sabaton, "Great War"
    VZ9ASdg.png

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  • sthe91sthe91 Member Posts: 5,403 Arc User
    May CBS win this lawsuit.
    Where there is a Will, there is a Way.
  • smokebaileysmokebailey Member Posts: 4,659 Arc User
    sthe91 wrote: »
    May CBS win this lawsuit.

    I'm hoping for the opposite


    for the LITTLE GUYS to win for once.

    CBS has been so arrogant in this from the start. "We won't sue YOU!" <
    BAKA JERK OFFS!
    I wanna see the big bad, corporations FINALLY get one shove up THEIR you know what's, for a change.

    So I am rooting for this fellow.
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  • lazarus51166lazarus51166 Member Posts: 646 Arc User
    coldnapalm wrote: »
    So...people don't care about truth or justice anymore...k

    The truth is the lawsuit is an absurd joke that should have been laughed out of court on day one. The dev is a guy who got caught stealing the intro from dune word for word for his game and who went back and tweaked several things as well as making statements that made it sound more in line with discovery prior to announcing this lawsuit. He has no business pointing fingers at anybody for stealing anything

    The reality is he has to prove they not only stole the concept but stole it specifically from him, and that they had access to enough of his info to do it. Which he can't. The discovery phase is going to end with the case getting dismissed. At which point he will be fortunate if cbs doesn't get pissy and decide to sue him for defamation
  • starswordcstarswordc Member Posts: 10,963 Arc User
    edited January 2019
    > @coldnapalm said:
    > That's all nice and good...but that was not what the complaint was about. You are falling for what the CBS lawyers were trying to do by obfuscate the actual legal complaint with real world facts.

    Nah, I just find the science more interesting than the complaint. :tongue:
    "Great War! / And I cannot take more! / Great tour! / I keep on marching on / I play the great score / There will be no encore / Great War! / The War to End All Wars"
    — Sabaton, "Great War"
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  • trygvar13trygvar13 Member Posts: 697 Arc User
    rattler2 wrote: »
    *facedesk*
    Its stupid. Not only that... I had never even HEARD of that game before all this shtako.

    I was aware of the game at least a year before TRIBBLE got on the air. I had forgotten all about it until a friend a mine told how TRIBBLE was a rip-off of Dune and Tardigardes. I then went back to look it up and the similarities were staggering. The character has a very similar name, is TRIBBLE and has a black boyfriend, the uniforms are very similar (not Star Trek like at all) and he travels the mycelium network. Really? But the real problem here is the Tardigardes themselves. The real things are microscopic. But in the game they are man-sized. And guess what? This is exactly how they appear in TRIBBLE. And there were apparently no Tardigardes in Fuller's version of TRIBBLE so they were brought in late in production, years after the game had been registered and started production. The developer was not even aware that TRIBBLE had copied him until someone told him so. I never liked this bad parody of Star Trek but that was the nail in the coffin for me. Star Trek died with Enterprise.
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  • lazarus51166lazarus51166 Member Posts: 646 Arc User
    So...assuming he did something wrong in the past, you are honestly claiming that HE stole the idea from essteedee?!? When he was PUBLICLY working on the game WAY before the release of essteedee?!? Seriously...that is what you want to imply with that first paragraph. There is exactly ZERO chance that he took the idea from essteedee. Even if he did steal the intro from Dune, that does not mean CBS gets to steal from him.

    No, that isn't what i'm saying. I'm saying that he has made deliberate attempts to try to make it look like cbs stole ideas from him. He changed several details retroactively to try to make things more in line with discovery. I'm also saying that he himself is a proven liar and thief of intellectual property, which proves nothing he claims is trustworthy. Particularly when you combine that knowledge with his retroactive changes to the game to try to give himself a reason to sue. The thing about liars is they tend to point fingers and accuse others of doing the things they themselves are guilty of

    In short? I'm saying he is a liar and trying to pull a scam. Likely hoping for a settlement offer
    While he does have to prove they did steal it from him, he does not have to prove it beyond a reasonable doubt. This is not a criminal case...but a civil one. Burden of proof is a lot less lax in these cases.

    The burden of proof in this case requires him to prove cbs both had knowledge of the game and deliberately ripped off his game in developing discovery. He can't do that and will never be able to do that. The burden on proof is on HIM to prove these things, not on them to disprove them, and in this case he must absolutely prove both occurred or he has no case.
    Also unlike in a criminal case, you can actually hold the fact that somebody will not give evidence against them. Like the lawyers for CBS being completely dodgy

    lol what? There is nothing 'dodgy' about anything the lawyers did. Do you think cbs - a multi billion dollar company, hires idiots as their legal team? But there very much is quite a bit dodgy about what the dev has been doing
    And you like many other people in this country have no idea what legal defamation is

    Oh really? Thats funny considering i've taken multiple people to court for defamation, and won every time. I guarantee you I have far more experience in that particular area than you do. But by all means, keep telling someone who has successfully taken multiple people to court for defamation, that they don't understand defamation
    There must be LEGAL malice. Legal malice means you must know 100% that what you said was false (good luck proving that from somebody just bring a suit against you)

    No. Malice doesn't mean what you think it means. As far as any court is concerned, attempting to TRIBBLE somebody over in a way that leads to or attempts to lead to your financial gain is more than sufficient malice to take him to court for defamation. I'll say it again - i've done it. It does not require '100%' proving you knew it was false when you made your defamatory statement. That would be absurd and virtually impossible in any case. All cbs has to do is prove he didn't make a reasonable effort to prove what he said was true before he said it. and he didn't. He not only was very quick to make the accusation, he took the steps of altering his own work and made statements to deliberately make people think they ripped him off AND took them to court to hammer in his point.

    In this case, all a court will care about in a defamation suit is whether this case was dismissed, which it will be. Plenty of people have sued for defamation after having a false claim against them dismissed. It happens all the time

    To put it simply, if you're going to accuse a multi billion dollar company of stealing your concept and making money off it, you had better have some pretty strong proof of it, or they can sue you for defamation. Its very much just that simple.
    Also there must be damages. Not legal fees...but actual damages

    Costing you a fortune in legal fees IS damages. That aside, shall we start with the fact that making public accusations to the point of dragging them into court results in significant damage to the reputation of the accused and therefore cost them money as a business? Hint: that alone is legally considered damages and grounds for monetary compensation. You are making it clear you don't know what defamation is or why you can sue people for it
    Look, the nuiances of the legal system is pretty damn complex...but the basics are not

    and the basics are: if you accuse somebody of stealing from you publicly you are giving them grounds for a defamation lawsuit. if you take them to court and lose, you're giving them further grounds, backed up by a court verdict that what you claimed was not true
    Being moved to discovery is a big deal in this case

    No it isn't. Not in the slightest. What it actually means is that the judge is saying: 'you use tartigrades and they use tartigrades and you are making an accusation that they stole stuff from you. now prove they stole from you within x number of days or the case is going to be dismissed on the spot'
    getting it dismissed entirely would have been bloody easy for CBS to do.

    No it wouldn't. If anything it would have violated the developers legal rights to dismiss it on the spot like that. Why? Because a plaintiff has the legal right to attempt to prove their case, no matter how legit the case may or may not be. In this case that means being able to access the development history of discovery, which would contain any such evidence. The developer can't gain access to that information in order to attempt to prove his case on his own, which requires entering the discovery phase, which requires cbs to turn over the relevant information relating to the development process of the series. It got that far because it literally had to
    All CBS had to do was tell a yarn about how they came about the story development in a semi believable manner and the case would have been dropped...like immediately

    Nope, and I just explained why this is not true. Because of the nature of the case, he can't even attempt to prove his case, which is his legal right, without entering the discovery phase to get access to the relevant info
    If they are not guilty...it's even easier as they could show various production notes and once again that is that

    Nope. That would allow them to cherry pick what information was provided to the court. The plaintiff has a legal right to access all relevant information, not just what notes cbs wants to show them at their discretion
    CBS does the one thing that makes them look guilty as all hell

    No it doesn't
    Does this mean CBS did it 100%? Once again no. But it sure LOOKS like it to any juror with any critical thinking skill

    No it doesn't
    It was bad...really bad. Luckily for CBS, it seem people these day seem rather incapable of any sort of critical thinking.

    No it wasn't. and considering what you've claimed so far I wouldn't point fingers about lacking critical thinking skills at anybody
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