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.
- 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)
- 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).
- Then they argued (and I can't believe I'm saying this...) that what they copied has no similarities.
- 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.
