probably, honestly I don't think the estate has much, if any, ground to stand on, they're just flexing for whatever reason
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Yeah they do this a lot actually I think.
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That's exactly what they will do, and they will win, because - also - the notion that you can even copyright "the presence of emotions" is ridiculous
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Not having actually read the suit, the most obvious theory would be that their “emo” works were derivative of the OG, and as separate derivative works there’s a separate (c) in new parts re “emo” Holmes, and so any subsequent “emo” Holmes infringes that new material (c).
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It’s not a great theory, but the argument would be they can’t just “independently” recreate their own derivative to launder infringement of the derivative
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Yeah, this has echos of a past lawsuit, which they were able to settle, against the "Mr. Holmes" movie and the novel it was based on, where they were at least able to point at specific details like "Sherlock is interested in beekeeping" being infringed on. This feels much weaker
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But it does shed light on where the argument is. One could argue that they've invented an alternate Sherlock who loves beekeeping by coincidence, but that's dubious when it's already in official lore. So they could make a similar argument about Holmes's empathy, albeit a weak one
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they are suuuuuuuuuper stretching with this and will fail, it's some pathetic desperate attempt to wring a few pounds out of the last few stories that aren't in public domain
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It's like when the Dresden Kodak guy told everyone he was gonna sue Nintendo for stealing his idea to make Link a girl
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Wait, is Nintendo making a game with Link as a girl???
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