After a very long wait, and a somewhat disappointing second season, Heroes has finally returned for Season 3: Villains.
At the end of season 2, Sylar (Zachary Quinto) had just gotten his powers back, Noah Bennet aka “HRG” (Jack Coleman) had just gone back to work for “the company” in order to spare his family, and Nathan Petrelli (Adrian Pasdar) had been apparently fatally shot just as he was about to reveal his ability to fly to the world.
BTW, full-on spoilers in the review below.
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Heroes is run by folks (led by series creator Tim Kring) who actually listen to the fans, take their complaints to heart, and use that information to improve the show. This season there will be no slow, dragged out story arcs, and Kring says there will not be any new characters introduced (although this episode seems to contradict that). This season will also be comprised of two “volumes.” The first half of the season will be called “Villains,” but there is no title for the second half yet.
Enough of that… on to the season opener!
The episode opens with Claire (Hayden Panettiere, looking all “Matrixed” out in black leather) trying to kill Peter (Milo Ventimiglia), four years after Nathan’s announcement of his powers. Peter goes back in time to change the past, since it seems that things became very bad for super-powered beings after Nathan’s revelation.
So yes, the assassin is Peter Petrelli from the future.
Cut to Japan, where Hiro (Masi Oka) now owns his father’s corporation. He’s quite bored by the whole thing and yearning for a new quest. Of course, the show is happy to oblige. He watches a video left behind by his father stating that he needs to guard the contents of a safe (without ever opening it), the contents of which could lead to the end of the world. It is half of some sort of chemical formula.
Of course, he opens it.
A blonde girl who moves as fast as The Flash promptly steals it. And here lies the first thing that bugged me about this episode: Why didn’t Hiro just go back in time 60 seconds and put that piece of paper back in the damned safe?
Instead he goes to the future, sees his best friend Ando (James Kyson Lee) who is now super-powered kill him, and the destruction of Tokyo.
Nathan was dead for all of five seconds, but came back to life somehow – and claims to have seen God. I’m curious how they develop this and how it comes across to fans as he comes across downright born-again. Linderman is also back despite the fact that he seemed definitively dead during last season. Turns out he healed Nathan and has big plans for him.
Sylar finds Claire, intent on once again trying to take her healing power. He does the skull slice trick on her, sucks her powers… but surprisingly, leaves her alive after a very creepy scene in which he talks to her while he has the top of her skull off. Sylar tells Claire that she is not like the others – she is special and she can never die. And now, neither can he.
Suresh (Sendhil Ramamurthy) is with Maya (Dania Ramirez, who unfortunately is still on the show) and she still wants to be cured. He flashes on the idea that the abilities are not based in the blood but in the adrenal gland. Suddenly he shifts his research (and ridiculously quickly creates a serum) from curing super-powers to being able to give them to anyone via an injection.
(”Click here to continue reading Heroes Season 3 Premiere Review“)
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152 Comments
@ STYLE:
Insinuating that I must be ignorant of the facts, not a lawyer, or (gasps) an NBC employee in order to disagree with your opinion (and that is exactly what it is) with my opinion (again all I claim it to be) is silly.
First of all I am not an employee of NBC, nor do I ever wish to become one.
Secondly, I am an attorney, and while my specialty is not in copyright law but in criminal law, both criminal appeals and civil appeals work under the exact same premise and guidelines. I would guess that my knowledge of what is actually occuring under law, is probably pretty accurate.
I think that the facts in this case are not all that unclear. The Twins have their product, and NBC has theirs. They are similar enough to where the Twins felt it necessary to exercise their right to due process under law. And they did. And they lost. They then exercised their right request a hearing to determine whether they can appeal the judgement. This is still to be decided. Realize that this is a two step process, first the appeal needs to be accepted, and then they have to win the appeal.
This process is not as easy as it may sound. You have to get an Appellate court to find “significant cause” to review the case. And you get one shot at it.
Also, you said that Kring might see jail time. False. This case is a civil dispute, and he has not been accused, prosecuted, or even charge with a crime. You need to stop trying to sensationalize this and stick to the legal facts in the case. Even if the plaintiffs in this case win, it will never result in any jail time for the defendants. If you are going to accuse people of not having the facts, it would be much better for you if you were to get them straight yourself.
Honestly, I am all for someone protecting their hard work from exploitation within the parameters of the law. The Twins have exercised their rights and no one is preventing them from doing so. However, they do not own a patent on “people who paint the future”, an idea that has been used in numerous other forms long before the Twins. Yes, it smacks of unoriginality and yes, it could even have been a direct result of them hearing of the Twins, but since they (the Twins) cannot hold a copyright on “someone who predicts the future by painting it” there is no case.
Furthermore, did you happen to see the CBS show Fringe this week that had a guy that scribbles pictures of future terrorist events? Are the Twins going to sue CBS too? Or do you think that Heroes has a case against Fringe?
Hey but wait STYLE…
I respect this site… Unless I OD’d on Pancakes and only then, I might get a sugar rush that would make me think that Superman Returns was actually a good movie… (scary.. I hope it never comes to that!)
Anyway, thank you Style for sharing this vital info with us. I for one have to say, the first season was great, everything there after was a free fall… I mean it was dreadful and as a writer, I spotted right off the bat that there was something really wrong with the writing team on the show.
It wasn’t due to the writers strike, I was certain of that… it was just badly written and in this case badly adapted from another story which they had to tippy toe around, in order to not get caught… but alas, creativity ran out and it became painfully obvious that the show wasn’t very original when it came to it’s “Creator”.
But yeah, I’m fascinated with the progress of this mess… I need to know more… in particular, how NBC could let this happen.
Isn’t it time to say “Ok, fans… we messed up… It’s time to hire new minds to branch out the show from it’s original concept.”
Anyway, I’m still hoping for a quick and painless solution… mostly because those hired on the show WILL loose their jobs if they cancel and that’s sad.
It’s not like the show isn’t able to bounce back… but that means they have to be honest and say… we’re going to sit down and actually mend the show… which in my opinion they haven’t done since the first two episodes in season 3.
It’s just a mess.
But thanks for keeping the story alive and telling us what’s going on with the show.
If you could share some vital links to these other stories I’d love to read more about them.
Have a grand day!!
I am sorry, but STYLE, you are wrong…the entire second season was focused around Issac Mendez’s last 8 paintings, as well as Peter’s own ability to paint the future. I do not think that the lawsuit has effected this in the slightest, and that coming from an outside observer.
You are also mislead on that process of law. The judge does not “have to look in favor of the plaintiff”. That is rubbish. It is actually the plaintiffs burden of proof to prove that the defendants did what they are accused of. That is how the justice system works in our country…the burden of proof is always on the plaintiff…or do the words “innocent until proven guilty” not matter?
Also, there have been numerous other “precogs” preventing horrible events in print, comics, movies, and many other forms of media. Some have done it by saying what they saw, some are little kids who draw pictures with crayon and marker, some speak in a trance, Issac’s eyes milked over and he painted. Why do you insist that they haven’t been out there?
Also, the Twins do not have a monopoly on claiming this ability in real life:
http://forums.randi.org/showthread.php?t=3287
Did you know that X-Men had a character that drew the future? In like the 80’s. Did you also know that there was also an X-Men comic #189 in January 1984 that eerily predicts the events of 9/11?
Find it here: http://tenser.typepad.com/tenser_said_the_tensor/2004/05/uncanny.html
And here: http://forums.comingsoon.net/showthread.php?p=2481565
And also there was a scene drawn on one of the panels of a closeup of eyes over the burning buildings, similar to that same one shown of Atta? How do we know that the Twins did not rip that off? We don’t and suggesting so would be stupid. I am simply saying that suggesting that the world’s two largest buildings in the world’s largest city, that have been attacked before is not a stretch of the imagination, and the iconic disembodied evil eyes superimposed over the destruction have been seen time and time again in all sorts of medium.
See, I cannot help but think that you are a very partisan player in all this yourself. I was at, one point, just a simple watcher of the program, looking for hints at what are to come, and now I find myself trying to prevent this discussion area, from becoming overtaken by someone with an obvious bias, claiming others have a lack of facts, while presenting none of their own, and claiming that a District Judge knowingly violated the law, yet not knowing the law at all…
Personally, if you hate the show and think it is a rip off, great. And if the Twins win their lawsuit, wonderful. And if Heroes gets cancelled, fine. But people who come on to public foums like this, and misinform and misdirect about the law, not to mention anything else get no sympathy from me.
Style:
You are unfortunately, wrong on many different points. 1) The Judge, while providing comments on his/her summary judgement, does not have to “look in favor of the plaintiffs” as part of their civil procedure! That is wrong, wrong, wrong. Rather, it is the plaintiff’s burden of proof to prove the claims that they present to the court. Hence the saying: “Innocent until proven guilty.” To suggest otherwise is not only patently wrong, but to do it in a public forum should always be refuted. So please, stop trying to be a lawyer when you obviously are not just an observer, but a biased individual trying to win over a crowd.
Now, another thing that you are wrong on is that the “precog artist” template has never been used before. How many times have we seen everything from kids coloring their futuristic dreams to even precog grafitti on TV, movies, and comics….it is even in a X-Men character, someone who would paint the future…and there is even an X-Men comic #189 in January 1985 that has a character fortelling the destruction of the World Trade Towers:
http://tenser.typepad.com/tenser_said_the_tensor/2004/05/uncanny.html
Here is a pic of it: http://tenser.typepad.com/tenser_said_the_tensor/images/xmen189.jpg
Notice on the lower left hand side the panel which has the eyes of Amara hovering over the destruction of the Towers (sound familiar, as in the same as the image of Atta’s eyes by the Twins?). Now, if I was so inclined, I could suggest that the Twins stole that image from the comic…but that would be irresponsible. Rather, I would suggest that the idea of the two tallest buildings in the world being destroyed in an attack, as well as the iconic image of disembodied eyes floating of a scene of fear and/or destruction are not original ideas. To suggest ownership over such is silly.
Will the Twins win their lawsuit, honestly, if they do, I hope they get every dollar they deserve, as long as they prove it according to due process.
Is Heroes a unique concept…not really, but what ever really is? That is why the reality shows all get copied over and over…find a successful formula and emulate it. To copy a basic idea is not infringement, it is simply lack of originality.
If Heroes ends up being cancelled, oh well, it is just a show. My life will move on quite nicely thank you. But I will not sit here and let you deceive people with the rules of law, just to prove a thinly veiled bias.
You say that those who oppose you are obviously in league with NBC, yet you do not expose your own reason for bias, which is obvious. Could it be that you are making a documentary?
You say that you are in the industry…could it be as a set designer? Yes, I have seen your posts on lots of sites when I was looking up info on this case, and I must say that your litany of disgust has been amazingly frought with suggestions of bribery, racism, and fraud, yet you never offer one shred of proof to anyone, and just spout words.
You were right about one thing, however: “It doesn’t matter what anyone of us thinks, what matters is what the Appellate will rule.” So lets please let those who do know the law, and who do have all the facts please make the judgement, and lets keep this about the show itself.
If you hate the show, move on, and stop trying to poison the enjoyment of those who do.
I’m confused…
I don’t know who’s the legal authority on this matter… that’s why I’d love to read some articles on this story…
But never the less, thanks for throwing this bit of info out there… On my part, I’ll stay out of the who’s right and who’s wrong… I know too little about what went on behind the scenes… All I know is that the series has fallen victim to some serious lack of imagination…
Stay cool folks…
I have to thank STYLE, for exposing the news of this suit,,, more than the legal issuses, I appreciate this info because its exposed the faults in the storyline.
Everyone seemed to notice the difference in quality after season 1,,, and now it seems we have a possible explanation.
However that may be,,,
Due to the information provided by Realmwalker, I now understand what’s going on here with the trial.
This link, (however boring to read) exposes the case,,, and the Twins are unfortunity “out of luck”.
^
http://www.nylawyer.com/adgifs/decisions/121107cote.pdf
^
It also appears that the Twins, could be forced to cover the legal expenses to NBC,,, (its the Twins that didn’t look before they leaped). I feel bad for them in a way.
Sure it looks like there influence was taken, but considering what I’ve read they have no case. (You can’t copyrite influence)
At this point I don’t see any threat to the show other than possibly bad writting ideas.
Again nothing personal against STYLE, and thanks again for posting that info!
Also thanks to Realmwalker, for the legal point of view.
No need to be confused Ergo, there is only one legal authority, and it is not me, and it is definitely not Style…it is the Southern District of New York Court, and, if the appeal goes through, the New York State Court of Appeals.
Here is the ruling again: http://www.nylawyer.com/adgifs/decisions/121107cote.pdf
The important thing to keep in mind is that the defendants have already been ruled innocent, nine months ago, and unless an appeal is granted, this case is closed.
Yes, I agree, the series has fallen victim of a serious lack of imagination since the end of season one, but I am willing to give this new season some time to develop, as I think that there are some good seeds for plot available if they choose to use them.
But lack of imagination or not, it is still better IMHO than all the stupid “reality” tripe or the nth iteration of the Law and Order template.
I’ve been in the production offices at Heroes (Gower Studios) and I can tell you for sure that X-Men, has a huge influence on the staff there.
The X-Men series, is also one of Tim Krings favorite comics…
I also want to thank everyone, including Style, for their contributions and their viewpoints.
Let us just hope that the Twins still get their audience and the exposure they deserve. Maybe, like Style said, they will get hired on to provide creative assistance…in which case, everyone wins!
Okay, about the show:
Some things that I would like to see:
1) Serious ramifications for “time jumping”. You see Hiro say he is never going into the past again, but can we get the same conviction out of Peter? Or perhaps discover that there is something dangerous or even fatal about doing so?
2) A problem with using Claire, Adam, or Sylar’s blood to regenerate? There should be some major long term effect (losing their ability?) for people using someone else’s blood to come back to life/regenerate. Otherwise there will be no end to anyone. It could be a really simple and unique plotline to have someone lose their abilities(or some other major effect), but be able to live.
3) New minor abilities. Lets see some more abilities that are minor, but useful, be manifested. The big, epic powers are cool, but showing minor powers will make it seem like something is changing in the world, and also lead to some creativity to how the caraters use those abilities. Example: the ability to make something glow, or the ability to determine the chemical makeup of any substance. Both of these abilities could be useful, but not necessarily “strong” and would require a hero/villain to use their brain.
4) Bring the Heroes together. I am geting tired of all he sorylines hat continually try to create tension between the Heroes. After season one, when the events at Kirby Plaza happened, I thought that with everything that went on, everyone would rally around that shared event and begin to work together…instead they spend valuable creativity on how to keep them separate instead of working together.
Finally, they need to keep HRG in the show…I liked what one person said earlier, that he was a man without any abilities able to strike fear into those that do…and PLEASE do not give him an ability!
Thank you Realmwalker and 790 for the PDF link, it makes sense now… I had no clue about just what had happened… but now it does show a lot more info on the actual law suit.
Well… I don’t really have much more to say on the issue… I’m sure it’s going to be taken care of… either in a bad way or in a way that will favor the fans.
But for now, all we can do is focus on season 3 and hope it surprises us and makes us happy again..
The problem with “time jumping” is that it makes it difficult to explain why some bad event is not simply “undone” by jumping back in time 5 minutes. (Think Hiro and the formula being stolen.)
At least they’re addressing how terribly the timeline is getting hosed through their meddling.
Vic
Agreed, Vic. Peter’s tampering has, from his perspective and that of his mother, made things worse. If they continue to play on that theme, it could be used to explain why time jumping isn’t used.
If that plays out, time travel could, potentially, fall by the wayside as someone else here has said he’d like to see happen.
Realmwalker, if you want a minor ability, look at the webisodes. Not only a minor ability, but a pathetic rendering. Yes, I’m talking Mr. Python and the Flying Circular Camera. Dudes, having a camera swoop-de-loop around a skinhead guy hugging a “gasp” victim, even with choppy closeups on his elbow and wrist, and even if you add the sound of a balloon stretching–it does NOT convince me that there’s any super powers (or even minor powers) involved.
L-A-M-E.
I think that a great “lesser” ability would be to be able to disrupt the time stream in such a way that anyone who travels it would arrive at their destination without a stitch of clothing!
Maybe that would help the show stop farting around with the whole “Time” thing and concentrate on the now…like season 1.
M.W.L.
Well Ergo it is a mess… To understand this lawsuit you really have to KNOW the copyright laws. and if you know the copyright laws, you KNOW that Realmwalker does not know what he’s talking about.
You’re right Ergo, If the show is taken off the air or canceled look at how many people lose their jobs.
It’s wrong to associate stellar talent like George Takei of Star Trek, Jack Coleman of Dynasty, Hayden, Masi, Milo etc.. to a stolen product. like Heroes. What a waste of talent.
When the truth comes out ,all of those talents should sue Tim Kring and NBC.
Santiago received the worst treatment.
Put your self in his shoes as a talent,
to open a major show on a major network and watch your character not be developed and killed off because of a lawsuit before you could make it to the cover of People magazine as the most sexiest man alive is career suicide!
his agent must be fuming.
Why kill Isaac off and let the power float from one hero to the next, just to fall back into the hands of a African artist that can paint the future?
Is this any way to treat a pioneering character? and I repeat: GIVE ME THE NAME OF THE ACTOR, THE TV SHOW, THE FILM , THE BOOK AND THE DATE OF THE ARTIST THAT COULD PAINT THE FUTURE ON CANVAS BEFORE IT HAPPENS”.
don’t say well there was a show and there’s tons of shows that have this power yuk!yuk!yuk! Give me data. Where is it? In their exhibits in the lawsuit, NBC COULDN’T. Go and look at their exhibits, it’s all there.
The Twins don’t have to look at anyone’s work and copy anything and i’m glad that Realm realize that he would be an absolute moron to suggest so.
I am White and I know that if anyone painted the future first, it was a tribe in Africa and the exhibitions on the Luba tribe at the Met museum proves this fact.
I suggest that you line up all your facts before you post.
and a visit to the Met will show you where Tim’s next story lines for the african artist that can paint the future are coming from.
ANd SORRY for the CAP LOCKS HERE , BUT REALMWALKER DOESN’T HAVE A CLUE AND HE DOES NOT KNOW WHAT HE’S TALKING ABOUT. HE DOES NOT HAVE ALL THE FACTS .
As a lawyer, he’s scary. Lawyers that talk a lot without knowing all the facts are scary.
There’s no reason to feel sorry for The Twins. Feel sorry for Tim Kring, Tim should have looked before he leaped!!
YOU DON’T HAVE ALL THE FACTS PEOPLE.
Read the papers submitted into the Appellate courts on both sides. They’re available online and as a lawyer Realmwalker should have no problems viewing them online and sharing the info with all of us in his next posts.
and while we’re waiting for Realm’s post……. Let’s ponder a few questions:
Was Realmwalker privy to all the meetings between NBC and The Twins?
Do you know that The Twins were in Jeff Zucker’s office on Friday?
What did they talk about Realm?
Why was the Wall Street Journal there?
And the FBI agents were asking those questions for what reason? Do you know why?
You don’t.
you don’t know nothing.
I do and I’m posting to give Screenrant exclusives.
YOU EITHER RESPECT THE EXCLUSIVE OR YOU DON’T. and if you don’t , then what’s the point on you being on this site?
NOW…. for all those that GET these posts, here’s another screenrant exclusive:
The dates open to the public for the lawsuit will be available soon. Let’s see if Realmwalker can get those dates for us.
And FYI: Over 75 of NYC’s top lawyers will be there.
This case is the hottest case in the legal industry right now, The case made the cover of the NY Law journal and a follow up cover story is forth coming.
Now,,, Realm, to fully understand the judge’s decision you must read NBC’s motion to dismiss. Have you read it?
post after you’ve read it. and if you haven’t read it , then why are you spouting mis-information as facts on this site?
Have you see The Letter? Have you read the book? Do you know what’s being said in legal circles about the judge’s decision? Give us the answers to all those questions Realmwalker. A real Realmwalker could.
A few days ago you knew nothing about this lawsuit. Why was the info posted here? Do you know why?
No I’m not working on a documentary. That’s another TwinHead in the movement.
I work in the industry and i’m not a set designer, that’s another TwinHead in the movement. In fact I look at Tim Kring everyday and I don’t like what i see or hear.
I gave you leads to do your own home work,
googling the few names I gave you will not get you all the info you need about this lawsuit.
you need exclusives…. And I got them baby!!
now… make up your mind rantheads, do we move forward or do we stay stuck on stupid?
One last note:
PLEASE do not think I don’t understand your love for the show or the pain that you all are in about the mess the show is in.
But you must understand all of our pain in the movement about watching a writer take a valuable artform that has the ability to impart info that can save lives, turn this artform into a silly cartoonish lame show.
you all must remember some of us traveled from Europe to Hunter College NYC just to see this academic exhibition on these artists work.
There were art dealers, scholars, students, stars etc.. at that show that night and I had never seen anything like The Twins or their artform before.
The next day I went to the Met and saw their family’s work on exhibit and I was blown away.
now…. to see a Latino artist on tv crying that he can only paint the future when he shoots up drugs is racist and heinous.
If a writer respects his fans, he wants his fans to get creative, original writing.
The Twins demonstrated at Hunter College that they can tell these original stories because they’re stories of their lives and tribe.
The Twins do not have to research painting the future, scholars research The Twins painting the future.
SCREENRANT EXCLUSIVE:
Tim Kring and NBC have a MAJOR PROBLEM on their hands with this lawsuit.
SUMMARY JUDGEMENT STANDARD ACCORDING TO THE COPYRIGHT LAWS:
In addressing a motion for summary judgement, the court must view the evidence in the light most favorable to the party against whom summary judgement is sought and must draw all reasonable inferences in (its) favor. Matsubita Elec. Indus co. Ltd v. zenth radio corp., 475 U.S. 574, 587 (1986).
now… to all writers on this site.
be wary of a lawyer that spouts mis-information based on emotions, not facts and then have the gall to insult your intelligence with the statement “But then again I’m not a copyright lawyer”.
anyone reading the judge’s decision know the judge is in serious error, as in violation of civil procedure. error.
these type of judges used to litter the deep south and the pattern continues to this day.
The Twins are black and everyone involved in this suit is white. so we expect the rules to change,
after all, America still has a problem with a black man being president even though his mother is white. We would prefer to vote for the old man Mc Cain that looks like he couldn’t pick up a sandwich because he’s white like us.
for any of us to believe racism is not part of this picture with so much money at stake in this lawsuit would be foolish on our part. Plus at this rate The Twins work pulled a major network out of the mud, can NBC deal with the fact that two Black artists have that much power?
NOTE: before the plaintiffs are able to go forward with an appeal, a lawyer and the county clerk of that court must make the decision if the case has merit to go forward in the appeals process and guess what cowboy? The courts let it go forward.
Now in NYC, most lawyers because of high rents, won’t waste their time on a case with no merit and if the case didn’t have any merit, it would not have cost NBC $100.000.00 to try the case . What were all those hours spent on?
The judge’s decision said Oh Yeah! NBC you’re right!! The Twins are wrong and I’m going to make that decision just based on your word NBC not on any evidence that you’ve submitted to prove otherwise. There will be no jury or discovery for you NBC and I’m going to issue a summary judgement without notice and guess what Twins? case closed, NBC said they didn’t do it Twins and I believe them, and here’s a $100.000.00 bill for saying NBC stole your work.
Yeah……. this lawsuit is going to be really interesting.
Oh my, where shall I begin.
Let me just start by saying that I do not claim to have any “special insider information” or be privy to anything unique in this case. As a matter of fact, I am not even in New York, LA, or any other place that would put me in the unique position of knowing ANY of the people in this case. It is apparent, however, that you Style either do or claim to know all of the particulars in this case. How? Who are you that you are so privy to this information? In whatever way that you are attached to the case, you are evidently VERY biased.
You have characterized the judge as racist (without any proof, evidence, or even case record to back it up), have portrayed the defendants in this case to be theives (even though they have been deemed blameless so far in a court of law), and have refuted any attempt at giving a reasonable legal reason why the lawsuit will not succeed as misinformation (although you have provided nothing to prove that is what I am trying to do). You do all this with offering nothing but supposition and your “insider knowledge” without providing us anything but innuendo and the same slanted, biased, and undocumented opinion you have offered time and time again.
Here is a brief overview of what a summary judgement is:(anyone can look this up to online to know for sure)
A party moving for summary judgment may refer to any evidence that would be admissible if there were to be a trial, such as, depositions, party admissions, documents received during discovery (such as contracts, emails, letters, and certified government documents). (IMPORTANT)Each party may present to the court its view of applicable law by submitting a legal memorandum in support of, or in opposition to, the motion.(IMPORTANT) The court may allow for oral argument of the lawyers, generally where the judge wishes to question the lawyers on issues in the case.
Summary judgment is awarded if the undisputed facts and the law make it clear that it would be impossible for one party to prevail if the matter were to proceed to trial. The court must consider all materials in the light most favorable to the party opposing the motion for summary judgment. See Adickes v. S.H. Kress & Co., 398 U.S. 144, (1970), and Celotex Corp. v. Catrett, 477 U.S. 317 (1986). Anderson v. Liberty Lobby enunciated the moving party’s burden on summary judgment and for that reason it is so frequently cited by appellate courts when reviewing a trial court’s grant of summary judgment that it is the most-quoted Supreme Court case of all.
If a trial could result in the jury (or judge in a bench trial) deciding in favor of the party opposing the motion, then summary judgment is inappropriate. A decision granting summary judgment can be appealed without delay. A decision denying summary judgment ordinarily cannot be immediately appealed; instead, the case continues on its normal course. In United States federal courts, a denial of summary judgment cannot be appealed until final resolution of the whole case, because of the requirements of 28 U.S.C. § 1291 and 28 U.S.C. § 1292 (the final judgment rule).
In order to defeat a motion for summary judgment, the non-moving party only has to show substantial evidence that a dispute of material facts exists, regardless of the strength of that evidence. For example, if the moving side on a summary judgment motion can produce the evidence of “a dozen bishops”, and if the non-moving side only has the testimony of a known liar, then summary judgment is not appropriate. This is because deciding on the relative credibility of witnesses is a question for trial, and in the case of ruling on a summary judgement, the judge must consider this potential witness in the MOST FAVORABLE LIGHT for the non-moving party.
I apologize for the lengthy explanation, but apparently I need to do so. My point is that the judge in a summary judgement does not have to AGREE with the plaintiff, it simply means that with regard to disputed material facts, the judge must consider what is disputed material fact in the most favorable while deciding whether to issue a summary judgement. Please note that when the motion to submit summary judgement was filed, BOTH sides had an opportunity to supply the judge with evidence in support for and against a summary judgement. This was NOT some maverick judge just passing quick judgement, the legal process works people, and everyone had their due process.
Now, I am not saying that the creators of Heroes did not receive some sort of inspiration or even out and out got their ideas from the Twins. Okay, like the judge, I am going to ASSUME that they did. The issue is NOT whether or not they got their ideas from the Twins, in fact, I think that in the court documentation this is NOT a disputed fact. It is a matter of question whether or not Clifton Mallory and company were infringed upon by the character of Issac Mendez in Heroes. The first step in this process is to determine if the Twins HOLD COPYRIGHT on this character. And it has be determined that they do not. So you can call NBC copycats, you can call them unoriginal, but you cannot call them theives because the Twins do not hold copyright on a Latino Precog who paints his visions. Bottom line.
Character archetypes are not copyrightable, and this has been shown time and time again in the court of law.(Superman vs Greatest American Hero for example Lord of the Rings vs Sword of Shanarra)
FBI? 75 lawyers? Cover of the NY Law Journal? (maybe in March of 2007, please tell me the other date so I can get it online) All of this does not matter if they do not have a case!
In the end, I hope that we can finally put this to rest. I enjoy the show Heroes, and whether Nathan flies like Superman, The German is like Magneto, Claire heals like Wolverine, or Issac paints like the Twins ultimately does not matter. (Art imitates life, and all works of art are, in some way, derivative, and inspired by others.)
Actually, if I were the Twins, and I did have this “psychic ability” FOR REAL, I would consider Issac to be the greatest advertising EVER! I would go on the Today show and grant interviews and use Heroes as a way to say “Hey, this hit show has someone using a super power that I can actually do! And I can save the lives, watch!”
So you think that Heroes is copied, unoriginal trash. Great, move on, get the Twins out of the courtroom, into the real world and have them use their ability to save lives (if their ability is real), rather than trying to earn some cheap publicity and quick money trying to prove they OWN the concept.
I guess I am just really saddened because when I first heard about this, I was actually excited and interested in the story of these people. But as I have researched and tried to find out more information about them, I find out little (nothing) about them and pages and pages of some person ranting over and over about the lawsuit on various Heroes fan sites, using the same language, and the same retoric, and most of them from December of 2007 or earlier. Nobody has to believe me on it..just google the names, and you will see what I mean.
So, please Style, unless you can provide all of us here with something NEW, provable and truly “exclusive”, and not found on about 50 websites from 9-18 months old, I would appreciate it if you would just give your ranting, undocumented racist claims, and Heroes hate a rest.
And for those of us still interested in getting the Letter, story, or more information on the Twins, can you give us a actual website to go to? I would love to see it for myself.
Oh, by the way: I would love to have Obama for president!
STYLE,,,
What other earth changing events have the Twins painted?
And, I have to ask, if they can see into the future what did they see when the concentrated on this lawsuit?
WTF, Is this the Mile Long Post or the Law & Order thread?
i’ve been known to craft some mile long ones too…but i hope they weren’t wonkish.
STYLE said: “make up your mind rantheads”
Are we “rantheads” now??
@790 That’s not necessarily how prescience works. Their’s no doubt in my mind that anyone who claims this kind of thing for real will admit to limitations. If they have no limitations they would have conquered the world already, instead of chasing down some, attention in New York. How can anyone know for sure that a prescient person would just have some small window to peer through? It’s just as valid to demand that a truly prescient person would have the power to look at some aspect of the world and be able to tell you everything about that from the moment they looked onward. EVERY detail! Person, place, or thing. The catch is, and here is where suspicion grows about such a thing, it’s almost NEVER claimed, talked about or explored in this way. It’s obvious why, anything that deviates from the prophecy is proof that it wasn’t by true prescience that the person in question is relying on for prediction. Besides who would want to know what was going to happen to them in the tiniest of detail from this moment till their death. “Your life would become instant replay, an utter bore!” No, they all need wiggle room, even the valid fictional ones like “Paul Of Dune.”
All true prescients should be stoned!They lead down into stagnation for society.
Old Man, have you ever heard of (TRV)
Transcendental Remote Viewing?
Yeah, have you heard this story??
http://www.americainwwii.com/stories/ynamregetsthebomb.html
Old Man, what does the Manhatten Project have to do with remote viewing?
I think you clicked on the wrong link?
Ya didn’t read the story did ya?
Old Man, I read the entire story, what am I missing?
Veggie Tales needs to sue Yahoo because VT had the floating hands next to the veggie, before Yahoo had the new animated smileys with floating hands next to the happy face.
It’s a travesty of justice, I tell you.
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