Judge Finds 'Heroes' Suit 'Absurd,' Just Like the Show--The Hollywood Reporter | Esq. | Entertainment and Media Law

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December 12, 2007

Judge Finds 'Heroes' Suit 'Absurd,' Just Like the Show

Posted by Eriq Gardner

Oka_heroes Earlier, we posted an item about a former judge who is suing David Chase for using his idea to help make "The Sopranos."

These "idea theft" suits are quite in vogue. Though not often very successful.

New York District Judge Denise Cote has dismissed a lawsuit against NBC Universal that claimed the show "Heroes" was a rip-off. Judge Cote didn't see it that way, ruling that "Nearly every instance of alleged similarities between Heroes and the plaintiffs' work relates to unprotectable ideas rather than protectable expression, and viewed more broadly, the 'total concept and feel' of these works is profoundly different."

Judge Cote went on to call the allegations by plaintiffs Clifton Mallery and Amnau Karam Eele "absurd." She didn't comment on whether they were more absurd than the plot lines of season 2 of the show.

The Lawsuit is not over people.
According to an interview the artists did on tv in NYC a couple of days ago, the artists are filing an appeal and they should!
I'm working on a documentary about how Tim Kring and NBC stole these artists work.
I read about the judge's decision in the NY Law Journal ,and the only thing "absurd" was the judge's racist decision inspite of the strong evidence.
Most of the case's "substantial Similarities" are listed right in the NY Law Journal article. ( now how strange is that?)
NBC even admitted to "ACCESS AND COPYING", it's all in the article and the lawsuit files, read it!
The judge said:" what was copied was not protected by the copyright law". WHAT A SCAM!

I also read her decision online and her decision is filled with several factual errors, check out the judge's footnote on the bottom of page 11 of the decision.( this mistake is profound).

The whole decision reads like good PR for NBC, the judge "glows" about the show in such positive terms that "one is not only left wondering what show she's talking about, but if the show is so great as she rants in her decision, then why is the show's ratings in the toilet?
The case should and will go before a jury, because the evidence in this case is profound and I my documentary will show this.

This is America, and a white female judge would never rule in favor of two BLACK artists against a powerful WHITE owned corporation like NBC and GE that put her on the bench.
She's bought and paid for by the powerful coporations she serves.

I hope those artists walk up to Tim Kring on the strike line and beat the shit out of his wretched low-life ass.
But from what I've read about "The Twins" they're just not violent people and that's the type of people that people like Tim Kring choose to rip off.
I wish them success, should they choose to appeal.
Tim Kring is a thief and soon he's going to steal from the wrong person. And on that day, that person will introduce him to the mysteries of the GRAVE and a ugly ( check her photo out) racist cow like the judge won't be able to save him.

Ummm... did you really read the opinion and judgement? Or, did your bias color your interpretation? Loosely worded "ideas" do not create an infringeable concept. NYC has a few major, iconic buildings. If someone wants to create a story based around terrorism and NYC, which buildings do you think they will use? Also, the minority person with paranormal abilities is a cliche character. It has been used many times before the plaintiffs tried to make it "their own".

POLITICIAN, you have chosen a poor subject to make your documentary, and just like this lawsuit, it will fail. as a matter of law, there is no way that these artists will win this suit on appeal. even if tim kring did take their ideas, which was by no means admitted in the submitted documents, heroes is not similar enough to the plaintiffs' works to constitute infringement. ideas and characters can be incredibly similar and not infringe, as long as the expression is dissimilar; obviously the case here. ideas are not protected by copyright law; expression is. since copying ideas is all the plaintiffs can credibly claim, the lawsuit will fail.

As the opinion states, this conclusion is utterly obvious upon a review of "the case law, which reveals that creations far more comparable than Heroes and the plaintiffs' works have been found not to be “substantially similar” as a matter of law."

finally, claims of the judge's racism are not very credible when you call her an ugly cow in the same sentence. keep that in mind for your next rant.

You" hope" the appeal is not successful because either you're Tim Kring posting or someone that works for his tired retarded ass.
My comments about the judge's ugly face has nothing to do with the fact if she's a racist or not.
she is a racist and she is ugly, that's a fact and a simple reading and viewing of her silly decision and her photo proves that point.
Just like the judge you don't have your facts right. But why would you? Your post demonstrates that you're not the sharpest knife in the drawer.
Have you read the judge's decision? Answer: NO!
My documentary has already succeeded, it made you post about something you know nothing about.
Access and copying were admitted in the documents and you would know that, had you read the documents.
Read it! why run your mouth, read it.
I wish the artists well in their appeal and i'm sure as black people they are well aware of the fact that no ugly ass white woman sitting on a court bench is ever going to give them any justice in any court of law.
I think it says a lot about the artists characters that they choose to deal with this mess through legal channels as oppose to
"busting a cap in Tim Kring's ass".

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