Update: Judge Feess noted during the proceedings that “CBS has not convinced me that they will succeed in their copyright claims…CBS seeks to protect the idea of a show of contestants in a house where cameras are running…you can’t copyright that…. I don’t know if Glass House will have any effect on Big Brother… It will continue to go forward and be successful.” CBS Scott Edelman says ABC took CBS’s #1 summer show and copied it. Citing Wikipedia as a source showing other shows similar to Big Brother, the judged joked back and said he thought Big Brother was “just Survivor in a house.” Edelman argued, “The voyeuristic feel is the embodiment of the expression of Big Brother and found on both shows.” In regards to the deposition of producer Kenny Rosen, “We thought the record that was developed was extremely compelling,” Edelman said. “We clearly have violations of a [non-disclosure agreement] and violations of trade secrets.” The judge responded, “I am not persuaded the adult appetite of viewers for Big Brother (will change).” He went on with some personal comments, “I thought after one or two reality shows we would never see others. Audience fascination with these shows is well understood even if some of us can’t understand it.” Judge Feess also wanted to note that “The closer we get to nonfiction (programming), it’s more difficult to argue copyright infringement.” It seems networks can still attempt to sue for copyright infringment but that they shouldn’t expect a victory.
ABC has incurred a short-term victory. In the ongoing lawsuit that we have been keeping you updated on, early Friday morning, U.S. District Judge Gary Feess temporarily denied CBS’ request for a temporary restraining order against the ABC series. The Glass House, set to premiere Monday June 18 at 10/9c on ABC, will live on – at least for now. The hearing is still in session, as lawyers from both sides are arguing their points in front of the presiding judge.
As we have been reporting, CBS claims that ABC and The Glass House contains private, confidential and copyrighted information from the reality summer hit, Big Brother. ABC denies these allegations, stating that the production values of The Glass House are not trade secrets and that Big Brother is actually a “stale” franchise.
This lawsuit has been clogging the internet since May. Fans of the CBS hit have been hinting at wanting live feeds for the behind the scenes battle in the lawsuit. Sadly, there is no such luck. While the Glass House premiere is just days away, Big Brother is set to hit airways July 12 at 9/8c on CBS! We, of course, are chatting up both shows and more in our FORUMS, so join us! Also, be sure to consider buying your Early Bird Superpass Feeds for Big Brother 14 through the Yak! It’d mean a lot!