Judge Reminds Vexatious Human Being That Ideas -- Even Techno-Dragons With Guns -- Are Not Protected By Copyright

from the oh,-and-also-this-was-some-sort-of-hate-crime,-apparently dept

Tue, Jun 10th 2014 5:27am — Tim Cushing

When someone accuses someone else of "stealing their ideas" in a legal filing, there's a good chance the lawsuit is doomed to fail. Ideas aren't protected. Expressions of those ideas are, but only as long as there's something significantly original about the expression(s) in question. Simply declaring that someone "stole" something isn't going to cut it.

In a dismissal that runs longer than the complaint preceding it, a New York district court breaks it all down for the pro se complainant. Here are the original allegations.

In January 2014, L'Poni Baldwin published a book called The Society on Da Run: Dragons and Cicadas. This book infringes on my book Dragons: Lexicon Triumvirate, which was published in 2005.

Ms. Baldwin's book involves "Space Dragons", which are identical to the space dragons in Dragons: Lexicon Triumvirate. Ms. Baldwin also used a "Dragon God," which is identical to the dragon god Dennagon in my book Dragons: Lexicon Triumvirate.

Ms. Baldwin also combines futuristic technology and dragons in her book, which is a copy of the fact that I used futuristic technology and dragons in my book. She also includes a dragon city and spaceships, which were also in my writing.

Furthermore, she has another book called Tarnished: Tales of Broken Dragons and 300 Other Stories. This book involves aliens fighting dragons, which is identical to the concept of one of my comic books, Dragons Vs. Aliens.

In addition, she has another book called Dragonworld ETC, which is a ripoff of a term I used in Dragons. Dragonworld in my writing referred to the dragons' homeworld.

In her saga, she also makes use of "cybernetic dragons", which was a creature in my book (except in Dragons: Lexicon Triumvirate, they were called Technodragons). She also has the dragons using weapons, which is a ripoff of my world where the dragons use swords and guns.

All this leads up to perhaps one of the most unlikely allegations to ever grace a copyright infringement complaint.

As my book came out in 2005, it is my belief that she stole my writing. Research indicates that she is black. As I am a well-known Asian Supremacist, I believe she may have done this as an act of retaliation.

The complainant, Kenneth Eng, ain't lying. His editorials (read: racist screeds) got AsianWeek in hot water back in 2007. Using the "voice of Asian America" as a vehicle for a rant entitled "Why I Hate Blacks" wasn't well-received. Apparently, this is what Eng does when not writing dragons-and-guns books. (He also posts videos praising the Virginia Tech shooter and gets arrested for assault and harassment in his down time.)

This bit of race-baiting paranoia is referenced in a footnote by Judge Vitaliano but the bulk of the dismissal is a reminder that ideas -- especially those that are "significantly common" -- simply aren't copyrightable. Not only that, but even given the amount of leeway granted pro se complainants, one of the key ingredients to a successful lawsuit is actually stating an actionable claim.

It is clear that Eng, as told by him in his complaint, has seized hold of similarities between his ideas, as expressed in "Dragons: Lexicon Triumvirate," and Baldwin's, as expressed in her own works. Far from being "original" in a legal sense, the ideas which Eng purports to own are similarly common in the corpus of American science fiction and fantasy. Moreover, plaintiff entirely fails to identify how Baldwin's expressions are in any way substantially similar to his own, and even the most cursory comparison of the works in question can make clear that the authors express their common ideas quite differently.

For instance, Eng alleges that the "dragon gods" in Baldwin's stories are "identical" to what the character Dennagon becomes in his own novel. But, where Eng's supreme dragon realized singular, limitless power through contact with the titular Lexicon artifact, and made himself one with eternity itself, the "dragon gods" of Baldwin's writings are many, less-than-omnipotent, and preoccupied with mundane concerns.

Kudos to the judge for being willing to wade into roughly comparable texts dealing with dragons, techno-dragons, gun-wielding dragons and dragon gods in order to make this point. Eng was asking for a mere $10 million for this imagined violation and the judge hasn't entirely closed the door on this particular case. Eng will be allowed to re-plead, even though it seems clear that doing so will probably be a waste of everyone's time (except possibly Eng's, who very obviously needs some sort of constructive hobby).

For the foregoing reasons, Eng has failed to state a claim of copyright infringement upon which relief may be granted. These claims must be dismissed, but without prejudice and with leave to amend, should Eng be able in good faith to identify any protected expression in his work-rather than unprotectable ideas or concepts that defendant has allegedly infringed.

In the meantime, Eng is pursuing another infringement lawsuit against "Fox Group Legal" and variety of linked names for supposedly stealing his script entitled "The Theory of Everything." According to Eng, he submitted (presumably unsolicited) his script to production company Circle of Confusion in 2009 and now notes this company (which has produced a lot of Walking Dead episodes) is apparently utilizing a bunch of Eng's script elements in its produced work. (I'm extrapolating a lot here. The filing's wording leaves a lot to be desired.)

Eng is seeking $5 million "from all parties," of which there are four or five, depending on which page of the filing you read. This could mean Eng expects a $20-25 million payoff, or something more in the range of $1 million per defendant. Again, Eng's wording is less than precise but as written, it tends to indicate the latter. Oddly, unlike most copyright lawsuits, Eng expressly designates that he would prefer no jury trial.

Even terrible people can have their copyright infringed, but even the best people can't claim that general/universal ideas are somehow solely their property and that anyone else who thinks it would be cool if a dragon carried a gun/lived in the future "stole" their work. Eng shouldn't have his lawsuits disregarded simply because he's unpleasant. But measuring them solely on their merits isn't likely to raise anyone's estimation of him.

Eng Dragon Copyright (PDF)Eng Dragon Copyright (Text)

endVbaldwincomplaint (PDF)endVbaldwincomplaint (Text)

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Filed Under: copyright, dragons, expression, ideas, kenneth eng, lawsuits

31 Comments

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Michael, 10 Jun 2014 @ 5:45am

Ms. Baldwin also combines futuristic technology and dragons in her book, which is a copy of the fact that I used futuristic technology and dragons in my book. She also includes a dragon city and spaceships, which were also in my writing.

Holy f***ing originality! Futuristic technology AND dragons in one place? Nobody has done that since - what, wasn't that in 40 year old Marvel comics? http://en.wikipedia.org/wiki/Fin_Fang_Foom
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DannyB (profile), 10 Jun 2014 @ 5:54am

Judge! He stole my idea!
Your honor, the defendant cannot counter sue me and make ridiculous counter claims in his answers to my complaint.

I did it first in the original complaint! He is stealing my idea. The record clearly shows that I, me, I was the first one in this case to make a jackass of myself! I have a copyright on that!
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Anonymous Coward, 10 Jun 2014 @ 6:05am

Kudos to the judge for being willing to wade into roughly comparable texts dealing with dragons, techno-dragons, gun-wielding dragons and dragon gods in order to make this point.
The guy deserves a medal. (And maybe some Tolkien, as a palate cleanser.)
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Rubicant, 10 Jun 2014 @ 6:12am

Um, excuse me? I was making a jackass of myself all the way back in 2001, while riding a dragon..........in space. I am the true owner of jackassitry, and dragons, and space!
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Anonymous Coward, 10 Jun 2014 @ 6:42am

As my book came out in 2005, it is my belief that she stole my writing. Research indicates that she is black. As I am a well-known Asian Supremacist, I believe she may have done this as an act of retaliation.

IMHO, this is quite a huge leap of [il]logic. I am hoping that when Baldwin was asked if she knew of Eng's writings, she answered, "Who?"
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zip, 10 Jun 2014 @ 6:43am

print vs. software
Maybe if this guy had put his 'Space Dragon' ideas into computer software, might the court outcome have been different?

Something I'm trying to figure out is why simple ideas expressed in the form of computer software (or firmware) are patentable, while the same ideas expressed in book form are not patentable. The actual text of each is covered by copyright anyway, but for the idea itself, why is the distribution medium the defining factor of whether a simple idea is patentable?

Or maybe the question I should be asking is, if simple, non-technical ideas are patentable as software or business-methods, why can't these exact same ideas be patented as book material?
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Ima Fish (profile), 10 Jun 2014 @ 6:49am

I'm still waiting for the estate of Algis Budrys to sue over the movie 'Edge of Tomorrow' for "ripping off" his book 'Rouge Moon'. Which uses the idea of fighting, "dying", and then coming back for more fighting.
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Michael, 10 Jun 2014 @ 6:50am

Dear Kenneth Eng,

I assure you, none of the three people (four, now that the judge read them, I guess) that managed to get through your awful books stole your ideas.

- The internet
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Anonymous Coward, 10 Jun 2014 @ 7:14am

Futuristic technology and dragons
Really?

Shadowrun (first edition: 1989) is well-known for its seamless blending of the cyberpunk (of which futuristic high technology is an important component) and fantasy (including elfs, dwarves, orcs, trolls, ...and dragons) genres.

Its most well-known tagline is "Watch your back, shoot straight, conserve ammo, and never, ever, cut a deal with a dragon." The dragon in question being Lofwyr, the CEO of one of the top high-technology mega-corporations.
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IANADG, 10 Jun 2014 @ 7:17am

In your legal filings, do not refer to your dragon gods by name. Use page numbers.
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tomczerniawski, 10 Jun 2014 @ 7:29am

Terra Malatora.
If you know what this means, congratulations. If you don't, it's best you not try to find out.
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nasch (profile), 10 Jun 2014 @ 7:42am

Re: print vs. software
Or maybe the question I should be asking is, if simple, non-technical ideas are patentable as software or business-methods, why can't these exact same ideas be patented as book material?

Theoretically, ideas aren't patentable, only inventions. One could I think legitimately argue that business methods are nothing more than ideas, and that's one of the problems with them.
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Anonymous Coward, 10 Jun 2014 @ 7:59am

Re: print vs. software
Master of orion did space dragons as random encounters in the mid 90s.
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Case, 10 Jun 2014 @ 8:56am

Ms. Baldwin also combines futuristic technology and dragons in her book, which is a copy of the fact that I used futuristic technology and dragons in my book.

Uh huh, so Man Meets Magic and Machine...that sounds strangely familiar for a grand new invention made in 2005...
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Anonymous Coward, 10 Jun 2014 @ 9:22am

Re: Futuristic technology and dragons
Don't Forget RIFTS by Palladium Books, which dates only a couple years after Shaddowrun. It has dragons as a playable class which might occasionally tote a laser gun, and sling spells at the same time.

RPG nerds have been giving dragons laser guns and computers for a long time now.

Because it's crazy; crazy awesome.
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Mason Wheeler (profile), 10 Jun 2014 @ 10:33am

Re:
Mr. Eng, the folks at Capcom would like a word with you...
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Anonymous Coward, 10 Jun 2014 @ 11:14am

Also Spelljammer.
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Dirkmaster (profile), 10 Jun 2014 @ 11:25am

Re:
Isn't the idea of fighting, dying, and coming back for more fighting about 3/4th of Valhalla?
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Michael, 10 Jun 2014 @ 11:29am

When did "Asian Supremacist" become a thing?
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That One Guy (profile), 10 Jun 2014 @ 12:11pm

Re: Re:
Eh, I'd say it's split 50/50 between 'fight, die, get back up and fight again' and 'drink, feast and party hard'.
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Anonymous Coward, 10 Jun 2014 @ 12:37pm

Re:
But Rogue Moon lacks the "reset to the same point in time" aspect of the resurrection that Edge of Tommorrow has. And everything else is different, too, so I assume you were being sarcastic.

I saw EoT a couple nights ago, it's meh OK, despite Tom.
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Anonymous Coward, 10 Jun 2014 @ 12:41pm

Re:
There have been racist douches of every race since forever.

Just like the folk who think the Home Team is righteously morally superior to the Visiting Team.
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Anonymous Coward, 10 Jun 2014 @ 12:51pm

Unsolicited manuscripts
My step-brother once interned at a smallish but successful movie production company.

One of his weekly tasks was to photograph and log each piece of mail suspected of containing an unsolicited manuscript or story treatment, confirm that's what it was, then shred it, while another intern videotaped the process. They then sent back a form letter. Despite this, there was a list of "regulars" who sent in treatments frequently.

He actually had to give a deposition about it a few years later when one of the regulars sued.
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JP Jones (profile), 10 Jun 2014 @ 1:24pm

Re: Re: print vs. software
Master of Orion II is still one of my favorite games ever. No idea why...no other 4X game has captured my imagination (or time) like that game.

And it totally had space dragons =)
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tahuti, 10 Jun 2014 @ 2:16pm

Re: Futuristic technology and dragons
Rifts from 1990 includes cybernetic dragons, while Shadowrun has dragons in cyberpunk setting,they are not augmented.
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Anonymous Coward, 10 Jun 2014 @ 2:58pm

Re: Re: Futuristic technology and dragons
That's very true.

Again: Crazy, crazy awesome.
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Kronomex, 10 Jun 2014 @ 4:21pm

Whatever drugs he's on aren't working and he sounds like a thoroughly nasty and vicious little man. I'm waiting for the Techno Smerfs (intentional misspelling) with B.F.G's and floating cities in space fighting other evil merchandising.
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Zonker, 10 Jun 2014 @ 4:58pm

The "Dragon God" idea was done in books at least as far back as 1977 with the Advanced Dungeons & Dragons Monster Manual as "Bahamut" and "Tiamat" (unnamed versions of the same Dragon Gods appeared in the first D&D supplement "Greyhawk" by Gary Gygax and Rob Kuntz in 1975). I'd say that predates Eng's idea by about thirty years.

I bet Kennith try-Eng though.
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Zonker, 10 Jun 2014 @ 5:09pm

Re:
Although technically, neither Bahamut nor Tiamat were described as a deity until 2nd Editions "Draconomicon" in 1990. Still predates by 15 years.
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Lurker Keith, 11 Jun 2014 @ 12:30am

I guess he's never watched Digimon
Since MetalGreymon could be argued as not being a dragon type, check out Digimon Adventure's (original series) Machinedramon. & this is just one. I chose him because his name is derived from Machine, dra (short for dragon) & mon (short for monster). There are probably hundreds (if not more) of armed/ weaponized cyberdragons in Digimon alone! & I watched it, dubbed, in the 90's! Yugioh also has a bunch!

Searching for the URL, & to verify I correctly remembered Machinedramon was in the original series, I also came across Commandramon (also linked from his page is Sealsdramon & Tankdramon, as evolutions). Granted, it looks like Commandramon wasn't seen until 2010.
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Sheogorath (profile), 14 Jun 2014 @ 9:31pm

I invite you to sue my ass, Mr. Eng
Dragonworld ETC, Dragonworld ETC, Dragonworld ETC, Dragonworld ETC, Dragonworld ETC, Dragonworld ETC, Dragonworld ETC, Dragonworld ETC, Dragonworld ETC, Dragonworld ETC, Dragonworld ETC, Dragonworld ETC, Dragonworld ETC, Dragonworld ETC, Dragonworld ETC.
Go ahead, waste attorneys fees in attempting to sue me over something that's too short to have a copyright on it.
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