ABC just scored a pretty big victory in "The Glass House" lawsuit. A federal judge said he would deny CBS's restraining order to derail Monday's launch. The decision wasn't completely surprising — this would have a set a major precedent in an industry, the reality TV trade, where copycats usually are unrestrained. (Fox's "The Choice?" A copy of not one but two shows — "The Voice" and "The Dating Game." ) CBS argued "The Glass House" was a direct copy of "Big Brother."
In a statement, CBS said: We appreciate the Court’s continuing consideration of this case and our request for an injunction. Win, lose or draw on the TRO, we fully intend to proceed with our claims against Disney/ABC for copyright infringement and misappropriation of trade secrets over “The Glass House,” which may still warrant more injunction proceedings depending on the content of each episode. At the same time, we will move forward with our individual claims for liability and liquidated damages against any current “The Glass House” producer who violated their “Big Brother” confidentiality agreement.
Here's what the Hollywood Reporter reported a short while ago:
The judge [Gary Allen Feess] said he did not think the CBS argument that Glass House would violate the copyright on Big Brother was very strong, adding that production techniques are not a form of intellectual property. “I don’t know that Glass House will have any impact on Big Brother,” the judge said in his courtroom in downtown Los Angeles. “Big Brother will go forward.”
CBS has not persuaded us that it will succeed on its claims” in a full trial, the judge said, calling many of the elements of the show “generic.” He said that while there are similarities between the two shows, “the idea, in my view, cannot be copyrighted.”