Anas Abdin, the creator of the point and click Tardigrades game, provided an update on his ongoing legal case against CBS and Star Trek: Discovery.
Abdin initially sued CBS for stealing plotlines and characters from Tardrigrades and incorporating them into Star Trek: Discovery. Abdin would lose his initial lawsuit. In September he wrote:
“I just returned from visiting dad from the cemetery, I got the news that the judge ruled against me. I would like to thank everyone who supported me. I don’t have enough words to describe my gratitude to everyone who believed in me and my case. I cannot thank my lawyers enough for believing in me and fighting for me. I respect the ruling and I expect everyone to do so. I’m not sure what happens to my project now, or my independent-game development career in general.”
Despite losing the initial case, YouTuber Gary Buechler created a GoFundMe for Abdin to raise funds to appeal the initial ruling.
Following the GoFundMe campaign, Abdin would report that he had filed an appeal.
“I have filed an appeal to the ruling regarding the Tardigrades lawsuit. As an independent creator, I found myself with no rights. If I don’t have rights, so does everyone else.”
In his most recent update, Abdin thanked Gay Buechler and everyone who supported the GoFundMe.
“It warms my heart the way you all supported me and how the ‘go fund me’ succeeded in a matter of few days. My dearest friend Gary Buechler -Nerdrotic, took time and effort to set up the campaign and with all your help we managed to raise more than $21K in a few days.”
“This appeal wouldn’t have happened without you all. And I’m not only talking about the financial part of it. The positivity and support I got from you are always cherished. The message you sent have been received by the defendants and it shocked them to the point of freaking out.”
Abdin then specifically thanked Buechler:
“Gary, whatever I say, won’t be enough to describe what you mean to me. You believed in me since day one. You have dedicated your time to support me in ways beyond comprehension. But it is not a surprise from such an awesome individual like you. I love you man.”
After thanking his supporters, Abdin then recapped why he was suing CBS and why he pursued an appeal, ”
“My ideas to space travelling tardigrades were denied originality because tardigrades are real life creatures, and because they survive the vacuum of space. I believe the way I presented the tardigrades creatures in my game was original with all the combination of attributes and abilities I gave those creatures that hadn’t been presented in any previous work. There isn’t one single piece of work that uses giant blue tardigrades to help humans travel the universe instantaneously before my game Tardigrades.”
“My ideas were also dissected to the basic elements where conducting a comparison would be completely unfair. It’s as if you are breaking down a painting down to the colors components and saying that the color red is not original and not copyrightable, neglecting the painting as a whole image.”
Abdin then detailed that he consulted with former United States Circuit Judge Randall R. Rader on the case.
He writes, “I have consulted judge Randall R. Rader (former United States Circuit Judge and former Chief Judge of the United States Court of Appeals for the Federal Circuit) about the whole situation and the court’s dismissal. He has shaped United States intellectual property laws for decades in his court. His opinion had a great impact on me going further with the appeal.”
Rader was appointed to the United States Court of Federal Claims in 1988 by President Ronald Reagan and was confirmed with unanimous consent by the United States Senate. He became the Chief Judge of the Federal Circuit in 2010. While serving on the Federal Circuit, Rader taught law at the University of Virginia School of Law, Georgetown University Law Center, the Munich Intellectual Property Law Center, and the George Washington University Law School.
He would retire from the Federal Circuit in 2014 after recusing himself from a number of cases. In a letter sent to his fellow judges, Rader explained that he “engaged in conduct that crossed lines established for the purpose of maintaining a judicial process who integrity must remain beyond question.”
That conduct involved an email message that Rader had sent to an attorney who had argued before the court. Rader explains, “The email reported, with certain inaccuracies, a conversation I had with another member of the court who had praised the attorney’s performance. I added my own priase and urged the attorney to show the email to others. While I never expected that email to emerge as it did, I realize in retrospect that the email constituted a breach of the ethical obligtation to not lend the prestige of the judicial office to advance the private interests of others.”
Not only did Abdin detail that he has consulted Judge Rader, but he details that he offered him to join his team.
“I have extended an invitation to Judge Rader join my defense team which would be an honor beyond my dreams. His contribution would be very beneficial and crucial to the case.”
Abdin also detailed that CBS made similar arguments against Abdin that they had made during the original lawsuit.
He explains, “CBS responded to my appeal brief with the same old arguments that I’m trying to copyright a real life existing microscopic creature and redheads…”
Along with hiring Judge Rader, Abdin explains he plans on hiring a press agency to help him with his legal documentation and appellate court arrangements.
“I’m also going to hire the same press agency for my legal documentation and appellate court arrangements.”
In order to pay for these new hires, Abdin has launched a new GoFundMe Campaign.
The campaign is aiming to raise $40,000. It will cover his extended legal consultation, press fees, promoting, marketing, and contacting news agencies, attorney’s fees, court fees, and administrative fees.”
Do you plan on supporting Anas Abdin in his ongoing lawsuit against CBS over Star Trek: Discovery?