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The third season of "Stranger Things" is scheduled to debut on Netflix on July 4th, but the creators of the series, the Duffer Brothers, are probably more focused on another date after a judge today dismissed their attempt to obtain a plagiarism lawsuit.
Unless Superior Court Judge Michael Stern does not change his mind or the plaintiff Charlie Kessler does not back down, Matt Duffer and Ross Duffer head for a May 6 back trial.
"The questions of fact to be considered remain to be determined as to what the plaintiff said, what he intended to say in his conversation and the reaction of the defendants before it can definitively be concluded whether a contract implied de facto was formed or not, "Judge Stern wrote Wednesday (read it here).
"The defendants claim that their creation was independent and took place before the plaintiff revealed their idea to them," added Judge LASC, noting that the Duffers had insisted that Kessler's allegations were unfounded. "They each submit statements that invoke and corroborate the credibility of each other's testimony. However, there is little evidence of independent verification of the originality of their idea. "
Basically, this case of one year is going to be judged because the court has found no evidence that Matt and Ross Duffer have invented the eerie drama of the 1980s, incredibly successful and presented by several Emmy, to the Except for Matt and Ross Duffer.
Extras may end up "regrouping" this fall to turn the "Stranger Things" show.
(Netflix)
"Without such admissible evidence, there remains a problem of determining the credibility that must be decided by the trier of fact," denying the notes of the motion for summary judgment of the brothers. "Moreover, whether or not there is a similarity between the concepts to be discerned by comparing them is a sub-issue of independent creation that must be decided by the trier of fact."
"The Duffer brothers have our full support," a Netfix spokesman said on Wednesday about the Demogorgon potential. "This case has no merit, which we hope to be able to confirm by a full hearing of the facts before the courts."
Clearly, the other party thinks that the case has a lot of merit and also thinks it's time for the streaming service and the Duffers to abandon this line, among others.
"Now that the judge has ruled and dismissed his motion for summary judgment, we can now dispense with the nonsense promoted by the Duffers and Netflix that this lawsuit is unfounded and that they had the" evidence " that they had created the series, "said Kessler Attorney S. Michael Keman of the Santa Monica firm is named after today's decision. "If the trial was unfounded or he had the" evidence "he created, then his summary judgment would have been a winner. They lost. It is very difficult to fight against these motions and winning this motion shows that Mr. Kessler has a good cause. We are eager to prove Mr. Kessler's case at trial. "
Director Kessler claimed in his first filing on April 2, 2018 that he had introduced the concept to the Duffers four years ago at a party at the Tribeca Film Festival. The director of "Montauk" also claimed that he had subsequently handed over "the script, ideas, story and film" to the brother and that they would have used this material to develop Stranger Things.
Kessler says the Duffers used the working title "The Montauk Project" at the very beginning of Stranger Things, which had originally taken place in the title city of Long Island (a setting later changed to Indiana). It should be noted that when the Duffers project with Netflix was announced in 2015, it was called "Montauk" and took place on Long Island.
A bit like the first season of "Stranger Things" in 2016, the plot of Kessler's short film "Montauk" in 2012 revolves around a missing boy, a nearby military base conducting experiments on children and a monster of another dimension that looks like a toy.
Be that as it may, the day after Kessler's pursuit was inscribed on the LASC, the Duffers declared that they considered the action "totally unfounded" and "simply an attempt to shoot". profit "from the Netflix series.
They may have to offer a little more than that in court next month.
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