Moore v Light Storm Entertainment complaint
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Transcript of Moore v Light Storm Entertainment complaint
Case 8:11-cv-03644-RWT Document 1 Filed 12/19/11 Page 1 of 64
IN THE UI\'1TED STATES DI STIUCT COURT FOR THE DISTRICT OF MARYLAND
BRYANT MOORE ) 4710 Mangum Road ) College Park, MD 20740 )
Plaintiff, ) )
v. ) CA: )
LlGHTSTORM ENTERTAINMENT ) )
Santa Monica, CA 90401 ) )
JAMES CAMERON ) 9 19 Santa Monica Blvd. ) Santa Monica, CA 9040 I )
20TII CENTURY FOX, INC., ) )
10201 West Pico Bl vd. ) Los Angeles, CA 90064 )
) Defendants. )
)
COMPLAINT FOR DAMAGES, INJ UNCTIVE AND OTHER RELIEF
COMES NO\V Plaintiff, Bryant Moore, by and through undersigned counse l, and
respectfully fil es the im ll1ed iate complaint against Defendants Lightstorm Entertainment
(" Lighlslorm"), James Cameron ("Cameron") and 20th Century Fox, Inc . (" Fox") for implied
breach of contract, copyright in fri ngement, an accounting, and declaratory and equitable relief.
INTRODUCTION
Bryant Moore ("Moore"), Plaintiff, is a pass ionate and disciplined sc ience fiction reader
and writer. Moore has written severa l creat ive works, including the infringed upon products at
iss lle ill thi s litigation, namely "AQUATICA" and "DESCENDANTS: TH E POLLINATION"
("TI-IE POLLINATION"). Both orig inal screenplays were respecti vely originall y copyrighted in
1994 and 2003. Exhibits I and 5. Moore's product ions are distinct and include fundamental I
Case 8:11-cv-03644-RWT Document 1 Filed 12/19/11 Page 2 of 64
similarities, which are rar too umquc expressions, to const itute mere coincidence, includ ing
common themes, plots, sett ings, dialogues, mood, and tones.
Striking Substantial Simi larities between AVATAR and AQUATICA include. but arc
not li mited to: Colossal Fo liage, Hero leaves f0n11er mi li tary lire to participate in hybrid
scientific-mili tary confl ict, lead remale scienti st, military-technical collaborat ion and search ror
resources, genetica ll y created and engineered beings ("Biologicals"), common lab and aquarium
scenes and observ<Jlions or genetica ll y created beings swimming inside, swaying towering
Plants, heroic escapes with aid or plan ts, common rept ilian grabs and tosses, heroic fli gh ts
through giant plants, gargan tuan bioluminescent nora, two grenades that are dropped, rousing
speeches before fi nal battle, explos ion and character's downwa rd ve rsus upward jenison, similar
exchanges and di scussions or terrain data and sc ientific assessments or the enemy's flight
strength to name a rew.
The POLLINA n ON has equa ll y striking substantia l similari ties including, but not
limited, to the followi ng: similar opcning scenes, bioluminescent flora/plant li fe and green
bioluminescence in particular, "alien" trees and/or fo liage, an initial confli ct evolves into
immediate defensive alliance and romance, tribal matriarchs and patriarchs (50ish matriarch)
with strong ancestral connections and ancestral memories, matriarch and patriarch obscrvat ion
and validation of special attraction und re lat ionship between hero and heroine, matriarchal
assignments or responsibi lity over heroic stranger,_ tribal acceptance and protect ion of stranger,
spirituul connections to environment and reincarnation, similar character development, similar
scenes with lush exotic gargantuan plant life, potent ial killing of main character until
manifestation of sign and corresponding revclutions and "connection", similar intuitive messages
through signs; unbrcathable atmospheres, common usc of the tenn " Eastern Sea", a ci ty versus
2
Case 8:11-cv-03644-RWT Document 1 Filed 12/19/11 Page 3 of 64
village inside a tree, sim ilar heroic plot development, natives' belief in death, evolut ion and
reincarnation, anacks on plant life and aggressive mil itary pursuit of resources, scientific
sampling and studies, scientists and soldiers joining forces inside gargantuan forest , uniting of
nati ve groups, use of lighting, presence of floating seeds, spiritual sensiti vi ty of natives and
simi lar romantic ending ..
Plaintiff' s productions were duly transmitted to Lightstorm both directly and indirectly ;
hence, Defendants enjoyed access thereto. Lightslorm and Cameron claim that a treatment of the
movie Avatar was created in either 1998 or 1999; however, the treatment was not copyrighted.
Further, there are substantial similariti es between the Treatment and AQUATICA. The film,
AVATAR, was copyrigh ted in 2006 and subsequen tl y released in December 2009. AVATAR
contains substantial si mi larities, many which are strikingly substantial , and which had to have
been di stinctly extrapolated from AQUATI CA and TH E POLLfNATION . Defendants, upon
infonnation and belief then integrated se lect segments of these films in a derivati ve manner for
purpose of its development of A V A TAR. It then deve loped there fro m underlying themes, plots,
characters, settings moods, tones and dialogues. Defendants jointly and severally, and without
Plaintiff's authorization, permisSIon or credit for his creation , copied and misappropriated
substantial content from one and/or both of Plaintiff's original copyrighted screenplays and
subsequently released the movie "Avatar." Moore all eges (i) breach of an implied contract, (ii)
copyright infringement and seeks an ( iii ) accounting and (iv) certain declaratory and injunctive
relief.
3
Case 8:11-cv-03644-RWT Document 1 Filed 12/19/11 Page 4 of 64
JURISDICTION AND VENU E
I. This is an action fo r breach of implied contract and copyright infri ngement ari sing under
Ihe Copyrighl Acl of 1976, as amcnded, 17 U.S.c. § 101 el seq. ("Copyrighl ACI"). This
COlin has subject matter j uri sd iction under 17 U.S.C. § 50 1 and 28 U.S.C. §§ 133 1 and
1338(a).
2. Venue is proper In this jurisd iction under 28 U.S.C. §§ 139 J(b) and 1400 because
Defendant does business, may be fo und, and is subject to personal jurisdiction here,
having marketed, distributed and featured the production of the movie AVatar in the State
o f Maryland.
3. Plainti ff, Bryant Moore (" Moore"), is a res ident of the state of Maryland. Moore is a
writer, planner, community/economic deve lopment profess ional. He has been involved
in economic/community development efforts which have included biotechnology,
biomedical advances, the li fe sciences industry. green projects, green enterprise
development, environmental health indicators/assessments/analys is, and enviromnental
initiatives. A true and correct copy o f the Certificates of Registration for each work is
allached. Moore has never li censed nor otherwise authori zed anyone to copy, di stri bute
or publicly di sseminate hi s wo rk or any de rivat ive works based thereupon.
4. Defendant, James Cameron ("Cameron") is a writer, producer and director.
5. Defendant, Ligh tsto rm Entertainment ("Light storm"), is a production company owned and
operated by Cameron. It is organized and exists under the laws of the state of Cali fo rnia
and is doing business 111 Santa Monica, CA with a principal place of business at 9 19
Santa Monica Boulevard , Santa Mo nica, CA 90401.
4
Case 8:11-cv-03644-RWT Document 1 Filed 12/19/11 Page 5 of 64
6. Defendant 201h Century Fox Film Corporat ion is a film studio which engages in the
production, acquisition and distribution of mot ion pictures for theatrical exhibition, home
enterta inment, television programming and other fomls of distribution. It is the producer
and distributor of the movie Avatar. It is a Delaware corporation with its principal place
of business at 1020 1 West Pico Boulevard Los Angeles, CA 90064.
7. Upon information and belief, each named defendant was the agent, servant and employee
of each other defendant, acting within the course and scope of his, her, or its agency and
employment with the fl1 11 knowledge, consent and ratification of each other defendant.
8. The motion picture AVATAR ("Film") was released in movie theaters worldwide by 201h
Century Fox Film Corporation in December of2009.
9. Despite Defendants ' contention that the idea for the Film was first conceived by Cameron,
AVATAR is substantia lly similar in numerous material respects to the ideas and
screenplays which Moore previously presented and di sclosed to Lightstorm and
Cameron.
10. Avatar is the highest grossing film ever produced with reported box office earn ings of
$2,782,275,172. It was nom inated for nine (9) Academy Awards, including Best Picture
and Bes t Director, and won three (3) Academy Awards for Best Cinematography, Best
Visual Effects, and Best Art Direction. The Film also won a Golden Globe Award for
Best Director. A video game prequel to the r ilm was released in 2009. A DVD special
edition of the Film was also released and two (2) sequels to the fi lm are planned which
repo rtedly develop the story li ne with respect to the oceans of the AVATAR world. An
AVATAR amusement park and joint venture project is al so being planned.
5
Case 8:11-cv-03644-RWT Document 1 Filed 12/19/11 Page 6 of 64
FACTS COMMON TO ALL C LAIMS Access to Protected Work
11 . Defendants enjoyed access to Plaintiffs copyrighted works. Between 1992 and 1994,
Plaintiff wfote and developed a screenplay entit led "AQUAT ICA" ("Screenplay I")
which was duly registered with the Wri ters Guild of Ame ri ca in 1994 and with the
copyright office on May 9,1994. (Registrat ion No. PAuOO I853245). Exhibits 1 and 2.
In 2006, Plaintiff made revisions to AQUATI CA and copyrighted the work as
AQUAPOCA LYPSE, Registration no. PAu0030363 17.
12. In 1994, Moore transmitted AQUATICA to Lightstorm via Howard Gibson, who worked
at that time as a Product ion Ass istant for Lightstorm Enterta inment on the movie, TRUE
LIES. Upon hi s receipt o f the screenplay, Gibson then represen ted that he transmitted
AQUATICA to Lightstorm Entertainment' s offices. See Exhibit 3: Moore's 1994 proof
of mailing to Howard Gibson.
13. In or around January, 2003 the Director's Gui ld of America provided Moore contact
information for various film directors, including James Cameron 's manager at that time,
namely Sher, Sherr, Oelb & Company ("SSO").
14. Defendant Fox had access to AQUATICA arollnd 1995 via a product ion staffer, Tony
Lancto ("Lancto") Lancto rece ived a copy of AQUATICA from Syracuse Universi ty
classmate John Wiles ("Wiles"), with whom Moore worked at the South East Consortium
for International Development ("SECID") and met in Ballston, Virginia, where he
provided a copy of the sc reenplay. Wi les de li vered the screenplay to Lancto. Moore had
subseq uent conve rsat ions with Lancto about the screenplay while Lancto was employed
at Fox, including getting a producer interested in the project. Lancto informed Mr.
Moore that he kept the script on his dcsk. 6
Case 8:11-cv-03644-RWT Document 1 Filed 12/19/11 Page 7 of 64
15. In earl y 2003, Plaintiff sent AQUATICA to Toya lelia of SSG, James Cameron ' s business
manager. Phone call s concern ing James Cameron' s business manager, SSG, include
those placed on February 19, 2003 and February 20, 2003.
16. After referral from SSG, on April 7, 2003, Plaintiff sent AQUATICA to Tom Cohen,
Creative Executive of Lightstonn Entertainment, Inc. On May 19, 2003, Plaintiff sent a
memo dated as such, a long with a snow globe containing a computer drawing of an
underwater city and submarines as a grac ious remindcr to Tom Cohen concerning
AQUATICA.
17. Defendant Lightstorm subsequently informed Plaintiff it was not intcrested in producing
AQUATICA.
18. In July of 2003, through counsel , Plaintiff SCIll THE POLLINAT ION to Lightstorm via
FedEx with sc ri pt submiss ion cover Ictter. Exhibi t 4.
19. Descendants: THE POLLINATION was sent to the Creative Executive at Lightstorm,
Tom Cohen, with permission from Lightstorm. Plaint iff followed lip via phone call s to
Lightstorm Enterta inment, Inc. in July o f2 003, October of2003 , September of 2003, and
in February of2004 by way ofcommuilicat ion to Tom Cohen through US Postal Express
20. Phone call s records 10 SSG and Lightsto rm reveal the fo llowing:
a. May 20, 2003 - Phone Call (SSG, James Cameron Business Manager).
b. May 20, 2003 -, Phone Call (LighlslOnn Entertainment Inc.).
c. May 30, 2003 - Phone Call (Lightstorm Entertainment , lnc,).
d. June 18,2003 - Phone Call (Lightstorm EntertaimnCl11 , Inc.),
e. Septcmbcr 12, 2003 - Phone Call (Lightstorm Enlerta inmenl lnc.),
7
Case 8:11-cv-03644-RWT Document 1 Filed 12/19/11 Page 8 of 64
21. In April 29, 2005, Plaintiff copyrighted sketches and drawings of key scenes, characters
and crafts, entitl ed POLLINATION ART. The sketches were created by Plaintiff and
Plainti ffs spouse Sherri Moore. On May 3, 2006, Plaintiff registered a revised copy of
TH E POLLfNATION with Write rs Guild of America.
22. In 2006, Plaintiff revised THE POLLINATION ("Screenplay 2") and registered it with the
Writers Guild of America on May 3, 2006 and with the copyright office on May 4, 2006
(Registration no. PAu003067003).
Plaintiff thus possesses legitimate, valid copyright registration certi fi cates for
AQUATICA (May 1994) Exhibi t I, Descendants: THE POLLINATION (J uly 2003)
Exhibit 5, Descendan ts: THE POLLINATION (May 2006) and AQUA POCAL YPSE
(May 2006) which. pre-dale Defendants' registrat ions for the Projec t 880
sc reenplay/AVATAR screenplay and the motion picture version of AVATAR .. For
purpose of thi s complaint , Plainti ff claims that Defcndants infringed on hi s 1994 and lor
hi s 2003 copyrigh ted AQUATICA scripts and hi s 2003 and/or 2006 copyrigh ted
PO LLINATI ON sc ri pts.
24. Almost thirteen ( 13) years after the copyright registration for AQUATICA, and over three
(3) years after the copyright registra tion for TI-IE POLLINATION, Cameron copyrighted
the fi lm AVATAR. (November 2006 pre-registered). It was subsequently released to
theaters arou nd December 18, 2009.
Upon information and belief, Cameron and Lightstorm were given, shown and read both
AQUATICA and THE POLLINATION prior AVATAR's a lleged conception and
development.
8
Case 8:11-cv-03644-RWT Document 1 Filed 12/19/11 Page 9 of 64
26. Givcn Cameron and Lightstorm's reasonable opportunity to vIew and read Plaintifrs
works, Defendants enjoyed the acccss required to actually copy Plaintiffs work.
27. Upon information and belief. Defendants use their documented access to PlaintifT's
original copy written works, selecti ve ly ex trapolated themes and content from each and
further used selecti ve and substantial extracts from PlaintifT's copyrighted work 10
develop, write and produce the movie Avata r.
28. There are substantia l similari ties between the copyriglHablc expressions 111 Plainti IT's
original works and the movie Avatar.
29. Moore has never authorized, consented to or given permission to any of the Defe ndants to
usc, reprod uce or create a derivat ive work based on his origina l copyrighted screenplays.
30. A dctailed sampling comparison of Moore's screenplays and AVATAR is stated below.
THE PROTECTED WORK
31. Moore conceived and developed a full length feature fi lm enti tled AQUATICA between
1992 and 1994.
32. AQUA TlCA is set significant ly underwater with an ent ire bioluminescent rainfores t that
contains, among other fo liage, wonders, gargantuan, alien trees/tree-like flora; (ii) a
bioluminescent sea jungle; (iii) bioluminescent plants hanging from the underside of
immense rock structures; (iv) a man who leaves a former soldiering outfit and joins
another, extreme soldiering outfi t, with thc power to destroy enemies and where he
works bes ide a female sc ienti st and her team as a soldiering escort. The female sc ien ti st
similarl y questions the man's parti cipat ion in the operat ion because of his mili tary
background. The slory's last acl includes a majo r baltle sequences inside the
9
Case 8:11-cv-03644-RWT Document 1 Filed 12/19/11 Page 10 of 64
bioluminescent rainforest of gargantuan rcd-wood tree like , alien plants (among other
flora).
33. THE POLUNATION is set in a lush, exotic world covered by gargantuan, alien nora and
mass ive super trees in a forest of giant treesltree limbs, vast fo liage, giant vines and
leaves. The storyline invo lves, among other clements, a matriarch and patriarch
overseeing a clan like group while the hero and heroine battle for the contro l of the
ga rgantuan forest which conta ins bioluminescent nora. The movie reveals a character
that grows from being a warrior to one who appreciates nature and the environment. The
bioluminescent rainforest andlor forest of gargantuan trees are rendered as backgrounds
throughout the film.
34 . Defendants strategically combined content from both of Plaint iffs writings, altered same
to create a distorted perception that A V A TAR was an original work. As demonstrated
below, Defendants mcrged converted substantive content into its dcvelopment of
AVATAR.
35. Striking substantial similarit ies exist between Avatar and Plaintiffs respect ive works in
plot, character development, sequence, mood, pace, sett ings, theme, and dialogue. A
detai led sampling of same, provided below, reveal Defendants' complici ty, manipulation
of infringed materials, and intentional and malicious infri ngement upon, and conversion
of Plaintifrs copyrighted works. It further demonstrates Defendants' breach of its
implied contract with Plaintiff.
36. Defendants acted at all times herein with an evil and malic ious intent.
10
Case 8:11-cv-03644-RWT Document 1 Filed 12/19/11 Page 11 of 64
STRIKING SUBSTANTIAL S IMILARITIES BETWEEN AVATAR AND AQUATICA
37. Colossa l Foli:lgc Scenes and Plots. In both AVATA R and AQUATICA, parts of the
story and passages deal with a fo rest of colossal fo liage that is other-world ly,
overwhelming, even alien in appearance. For AVATAR, the situat ion is simply moved
from AQUATICA's wmer environ to the ai r over the giant, alien forest.
38. Former Milit:II"Y Life to hyb rid Scientific-military conOict Plot . The mam
character/hero leaves fonner life, j oins a special so ldiering outfit, and ends up in a major
batt le in a forest o f gargantuan trees/bio luminescent plants, while also so ldiering
alongside a se lect group of scienti sts/technologists. AQUATICA states "Commander
Gato served in the Tech Corp under my father before he decided to join the Nautical
Corp."
39. Batlle for Resources. As in AQUATICA, AVATAR sold iers and sc ientists -- people
who want to use resources and nature for good -- fi ght against those who seek to exploit
the resources for destructive ends.
40, Genetically C reated and Engineered Beings: (AVATARS v. BIOLOGICALS): In
A V A TAR, the Avatar is gC!IIeticaffy engineered and controffed vin technology when sent
out on miss ions. In AQUATl CA, creatures are genetically engineered ("Biologicals") Key
characters control and command these biologica l via headset link.
41. L:lbs and Aquariums with created beings inside being obscn'cd: At a lab in
AVATAR, we see Jake's Avatar - a long leg genet ica ll y engineered creature - inside a
gigantic tank filled with nuid. Jake looks on in amazement. At a lab in AQUATlCA, we
see the genetically engineered, " long- leg" creatures inside a gigant ic tank of water. A
key protagonisl looks on in amazement. I I
Case 8:11-cv-03644-RWT Document 1 Filed 12/19/11 Page 12 of 64
42. Deteriorating relations. The AVATAR script states "Relations with the indigenous are
only getting worse. " In AQUATICA, key characters state "Things are so very different
now ... he's been successful in persuading many of non~ali gned city-states to join their
Alliance, promising a future in which they share the power and glory. And many of them
have been traditional Gavadeen enemies ... And we are los in g potential allies by the
lumdreds ... It is hard to know who are our allies actually are."
43. Swaying towering Plants. In the AVATAR script "a plant with swaymg
tendrils .. . toward Jake as he passes" (page 29) AQUATICA includes key scene with an
alien plant which waves/sways in the proximity of the characters, involving giant
" lowering waving kelp" while another mentions" ... In some locations, the plants are
tangled and web-like."
44. Heroic Esca pes with :Iid of plants. In AVATAR, the hero and heroine escape via the
aid of aid of gargantuan hanging, vine-l ike plant. In AQUATICA, the hero and heroine
escape from an attacker with the aid of giant, hanging, vine-like plants.
45 . Similar leaps onto enemies craft. In AVATAR, the hero also leaps from his smaller craft
and onto the enemy' s larger craft to engage in combat. Additionally, the
Na' viJprotago nist clan members leap from their winged creatures onto shUltle crafts
during the action sequences. In AQUA TlCA, there is a major situation and sequence
where the hero maneuvers his craft next to the enemy's larger craft, leaps on its deck , and
combats the enemy.
46. Runs across ships . Part icularly, AVATAR shows the hero runI1lng ac ross the
spine of the eno rmo us, fl ying dragon ship dur ing major area l ba ttl e. In
12
Case 8:11-cv-03644-RWT Document 1 Filed 12/19/11 Page 13 of 64
AQUA TI CA , the he ro runs across n at surface o f <I large subm ar ine ship during
major on the ocean surface.
47. Reptilian grab and toss. In A V A TAR. the reptilian flying creature, grabs the villain
from his craft and tosses him in to the air. In a majo r batt le situat ion in AQUATICA, the
repti lian swimming creature/character grabs the gunner and tosses him into the sea.
48. Heroic nights through giant plants. In AVATAR, the hero flies through the giant
plants. We see the enemy tai ling him as he weaves through the giant plants and plant
columns outrunn ing the enemy. The hero escapes by artfu ll y twisting through the
gargantuan foliage. In AQUATICA, the hero flies through the gargantuan plants. We see
the enemy tailing him as he weaves through the giant plants and plant columns outrunning
the enemy. The hero escapes by artfu lly twisting through the gargantuan fo liage.
49. G~lrg:lI1tuan bioluminescent n Or:l . In the AVATAR, a key aspect of the story is a battle
for land containing gargantuan, bioluminescent fl ora. In AQUATICA a key aspect of the
story is a batt le over a canyon which contains gargantuan bioluminescent flora.
50. Simihlr Vehicles and Flight P:ltte rns. In AVATAR, we see characters on soanng
winged creatures. zooming between the gargantuan tree branches, while in AQUATICA
we see characters in crafts and soaring machines, zooming between the gargantuan tree
branches. In AQUATICA we see a craft, fl ying among the colossal plants in the alien
rainforest which " ... bolts forward, zipping between the plant's branches." We also see the
hero's craft as it ..... weaves between the Plant columns and through a maze of branches."
Also, during a sequence inside a bioluminescent rainforest of gargan tuan redwood tree
like plants we see ""The pack of Quantum Torpedo ("QTs") swish through the water,
lJ
Case 8:11-cv-03644-RWT Document 1 Filed 12/19/11 Page 14 of 64
sai ling around the Plants, intent ly forging ahead. A QT releases its fi rst chamber and bolts
fo rward, zipping between the plant's branches"
51. Missiles :md tree explosion. In AVATAR , there arc several situations where the villains
fi re missiles at a mountain-size, gian t tree which detonates in a massive explosion. In
AQUATICA, we see weapons (torpedoes) crashing against gargantuan trees and
exploding. The AQUATI CA script states that the torpedo "smashes into the side of
the ... tree" and detonates in a massive explosion.
Nose dive down side of gargantuml tree. In AVATAR, the heroes' winged creatures do
nose dive down the sides of gargantuan, plant covered wal l. In AQUATICA, the hero's
craft "'does a nose dive" down the sides of a gargantuan plant pillar. Moreover, there is a
situation/action in AQUA TICA where we sec the fl eet " ... approaching a massive cliff that
drops into the canyon ... they descend downward . . ...
53. Rock Formations. In AVATAR, major battle situat ions take place in the midst of
gargantuan rock fomlations. In AQUATICA, there are several batt lc situations amidst
gargantuan, myth ic rock fonnations.
54. Plant Net versus web of kelp. In AVATA R, "the hunters drop a net of woven vines
behi nd Neyt iri and ... The samson hi ts it hard. The net fouls the ship, fli pping it backwards.
It crashes upside down to the forest floor. In AQUATICA, vessels arc caught inside a web
of kelp and a vessel crashes down to the jungle floor. As detailed in the AQUATICA
script, " In some locat ions, the plants nre tangled and web-like ... They speed into a web of
thin, giant kelp. Torin's vessel gets tangled in the kelp and is brought to a sudden halt."
55. V:lst Mountain backdrops for night patterns. In AVATAR, there arc "floatin g
mountains" while in AQUATICA, we sec underwater mountains. In AVATA R we see
14
Case 8:11-cv-03644-RWT Document 1 Filed 12/19/11 Page 15 of 64
vast numbers of crafts racing between the gargantuan, floating mountains. In
AQUA TlCA, we see vast numbers of crafts racing between vast mountains, as evidenced
in the script which Slates "The squadron ofGavadcen aqua~jcts, racing between 11100mtains
56. Flights thro ugh "mllssivc cliffs". In AVATAR, the heroes soar past massive mesa cliff
walls (for example, pages 6, 27) , as script states "flying over a carpet of rainforest , past
sheer cliffs and cloud-wreathed mesas" In AQUATICA, we see the hero's "vessel crui se
pass massive sandstone cliffs .....
57. Similar fli ght p~ltterns d uring battle scene. During a key, climatic batt le in AVATAR,
hordes of crafts race between Pandora' s floatin g mountai ns and soar between clifT walls of
the floating mountains on their way \0 an attack. During a key, climatic batt le in
AQUATICA, hordes of crafts race between mountains and soar between eliff walls on
their way to an attack.
58. Similar sneak a ttack by heroes. In AVATAR, the heroes use the gargantuan rock
formations as cover and also as a means to conduct a sneak attack on the enemy. In
AQUATICA, the hero and his group use the gargantuan rock formations as cover during
an enemy attack and also as a means to conduct a sneak attack on the enemy.
59. Two grenades ~lnd :I d ro p. We see the hero fi ght villains with two grenades which
mistakenly fall. In A V ATAR, the hero fi ghts vi ll ains, ho lding [11'0 grenades at the same
tillle which mistakenly drop. In AQUATICA, the hero fights villa ins, holding two
grenades al the same lime which mistakenly drop. The script states, "Tarin walks into the
top leve l of the spli t level rOOI11 . We see that the Kinet ictron machine is below in the
center of the roolll. Across the room on a platForm, stand four Gavadeens. They notice
Torin and fire from their cannon guns. K-boom! Torin dives out of the way and rctums
15
Case 8:11-cv-03644-RWT Document 1 Filed 12/19/11 Page 16 of 64
fire from his cannon gun. K-boom! K-boom! Three o f the four Gavadeens are thrown
backwards by the explosion. The fourth falls over the balcony. 7'oril1 pulls ollr Iwo
grenades. As he is abollr ro pill! rheir larches, a cannon gUl1silor lands behind him aud
explodes. 7'orill/alls. I-Ie drops rile grenades ... "
60. Rousing speeches before final batt le. In AVATAR. the villain gives a rousing speech to
his troops before the fi nal battle. In A V A TAR. the lead villa in explains that they are
fi ghting fOf their sUfvival. In AQUATICA the villain gives a rousing speech to hi s Iroops
before the fi nal bail ie. Additionally. AQUATICA's lead villain explains that everything
hangs in the balance. As the lead villain in AQUA T1CA sc ri pt states: "Everything yOli and
I have labored for hangs in the balance. so you know what you must do." Both speeches
build to a climax in forests of gargantuan trees and fo liage.
61. Rigging oCvchicles with weapons for final battle. In AVATAR, the villain 's shuttles
are rigged as bombers before fina l battl e. In AQUATICA, the villain ' s vessels arc rigged
with quantum torpedoes final battle.
62. Escorted fighting crafl. In a major AVATAR batt le, we see large area l craft with an
escort of gunships. In AQUATICA, we see a large submarine with escort of gunner
submarines and/or mini-subs.
63. Low level craft m:meuvering. In A V A TAR, crafts soar and maneuver between the
canopy and the forest floor because the trees are so enormOlls. In AQUATICA, crafts soar
and maneuver between the canopy and the forest floor because the tree- like plants are so
enonnous.
64. Unity and alliances to help defe:lt enemy. In AVATAR, the heroes' actions cause the
united clans to rise up, fi ght and defeat their powerful enemy. Concerning the batt le
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against the vi lla in ' s soldiers, the script says" We rode out to the lour wi nds. To the horse
clans of the plain, to the lkran people of the mounta ins. When Toruk Macto called them,
they came." In AQUATICA, the heroes ' actions cause the united islands and cities to rise
up, fi ght and defeat their powerful enemy. AQUA TICA 's script states: "The news of your
victory has birthed new resolve to fin ish the warlords in every city of the League." It
continues: "Headquartered in the island city Brodaria, we, the enemies of the warlords,
fonned an alliance named after the island, called the Brodarian League, a compact of island
and underwater cities committed to ending warlord powers."
65. Explosion ~Ind downw:lrd jettison. In AVATAR, we sec a key character place himself
within a machine as the larger craft is about to explode. I-I e jettisons downward from
bottom of the larger craft as il explodes above, barely escaping. In AQUATI CA, we sec a
key character place himself wi thin a machine as the larger craft is about to explode. He
j elfisol1s dowl1wardji-om boltom o/ the larger (,-/"{Ift (IS il explodes above. barely escapil1g.
AQUATICA states "As Tarin's submersib le cont inues its descent. .. the submarine
detonatcs ... The immense explosion engulfs the . . . aqua-jets ... We see Torin 's tiny
submersible rapid ly descending, narrowly escaping the explos ion' s destruction and force ,
then comes 10 a slow halt."
66. Similar exchanges and discussions oftcrrain data. In AVATAR, Jake gives Quaritch
terrain data to fight his opposi tion, the Na 'vi. As the script states, there is a meeting in the
Ops Cenler where "Grouped around a table are Jake, Colonel Quaritch, Selfridge and few
engineers and officers. Jake is talking them th rough plans he ' s made of Home tree 's inner
structure." Jakes says " You ' ve got outer columns, then a secondary ri ng here, and an inner
ring. Then a core structure, it's like a spiml, that' s how they move up and down." Quaritch
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replies by saymg: " / 'm going 10 need acclIrate scans 0/ all these CO IIlIllIlS." In
AQUA TlCA, the hero says to a key character " I would like your terrain data and
geological maps of the surrounding region." Later the key character gives the hero the
terrain data and says "Concerning, the fil es of the geological terrain data , no other maps of
thi s region are as precise and recent. They contain detailed maps of the region's waters
the sea floor, sea~jungles, vegetation, and canyons. It may take you some time to analyze
them, but I'm sure they will be of great help." Thus, the kcy character, Lord Rane, gives
the hero terrain data that turns out to be integral in helping him fight hi s opposition. As in
A VATAR, a related event in AQUATlCA shows the characters viewing the terrain data
li ke thi s: A key character states that " I have been assessing the detail s" of the terrain dalll.
Next we sec "a three dimensional representation of the ocean noor, revealing vegetation
and kelp forests, a canyon, and rock surfaces." The result is a major batt le in a rain forest
of gargantuan, bio luminescent red wood tree like plants which is similar to the sequence
ofevcl1 ts in AVATAR.
67. Large rocks and overgrown rain forests. In AVATAR " ... cnormous islands of rack are
hovering a half mile above the ground. They are overgrown wi th rainforest, and straggly
beards of vines hang down beneath them. Waterfalls stream down the sides and disso lve
into spray at the bouom." AQUATlCA has gargantuan, mythic rock formations versus
"enormous islands of rocks." The heroes trave rse a "vast, mountainous underwater canyon
with jagged canyon floor, and deep drops." P<u1 of this "islands of rock" C<Ul)'on is also
overgrown with rain forest as revealcd in the AQUATICA script: "A vast cathedral of an
underwater rainforest of bio-Iuminescent redwood tree-like vegetation. TI1C place is an
underwater forest with a rock roof and rock wa ll s. The plants grow from the floor into the
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rock cavern ceiling." AQUATI CA also describes anothe r area of rocks "overgrown with
rainforest. It states " sea jungle also contains the huge red wood-like bioluminescent plants,
but they are much thinner. A second plm1t, large, waving, mId kelp-like plm1t hfUlgs from the
ceiling and grows from the bottom. In some locations, the plants are tangled and web-like.
Torinjets along the outside of the plant forest along the jagged rock wall."
68. Bioluminescent backdrops. In AVATAR, "Neytiri and Jake move through the night
forest, surrounded by galax ies of shimmering bioluminescence." In AQUATICA, we see
the hero and heroine moving through a vast rainforest o f bioluminescence. The
AQUATICA script states "ex t. underground-a vast cathedral of an underwatcr rainforest
of bio-Illminescenr redwood tree-like vegerariol1.
69. Vines that trapped or wrap trees versus plaints. In AVAT AR, "Thick vine-like trees
have trapped large floating boulders of unobtaniulll in their gnarled grip" while
AQUATICA describes a forest of gargantuan, redwood tree-like plants where we see "a
thick vine that wraps aro und several plants ... "
70. Similar nose dives by heroine versus hero. In A V A TAR, "Neytiri leads an arcing dive
around the flank of Mons Veritatis. The scenery is stunning" whi le in AQUATICA the
hero "does a nose dive and Cliis arol/Ilel' a gargantuan plant pillar. AQUA TICA states while
riding his winged croft, the hero "makes a hard , hairline right upward and makes a U-turn
around a plant pillar."
71. Distinctive hunting predators. In AVATAR, we see a predator called Ha di ving
Leonopteryx" that hunts down the hero; whi le in AQUATICA see a sinis ter looking slayer
called a Quantum Torpedo that hunts down the hero. A V ATAR includes a sequence
where " A Leonopteryx in a delta-dive, wh istling straight at him. Like a banshee, on ly
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several times larger, it is the king predator of the air." In AQUA TlCA, quantum
torpedoes CQTs), track and destroy torpedoes wi th artificia l inte lligence, also called
"sinisrer looking slayers," zoom straight at the hero as the script demonstrates
72. Scientific assessments of the enemy's flight strength and aerial attacks. After lake
confronts the predatory Leonopteryx in A VATAR, he ponders images Grace has ca lled up
at her workstation~-sci ence graphics of the Leonopteryx. Trudy and Norm are crowded
around as well. Grace says "The Great Leonopteryx is the apex aeria l predator ... " After
the hero confronts the "sinister looking slayers in AQUATICA, the script says " Wearing
a headset connected to her computer, Deroria sits at her workstation in front of her
monitor. .. Dn her display monilOr, Deloria views a blueprint with texts on the QT (quantum
torpedo)." She says "the aspect that gives it its unique quality to hunt and tai l a target
should be the same."
73 . Close craft p:l ttcrns. In AVATAR, "Neytiri leads Jake in a sharp bank, skimming close
to the cliffs" while in AQUATICA, we sec Torin 's craft skimming close to the gargantuan
plant pi llars and rocky cavern wall. In A VA TAR, we see Jake yank " into a hair-pin bank,
right through a gap between two huge branches." In AQUATICA, we see "Two
quantum torpedoes, speeding side by side, streak toward Torin's vessel. The vessel weaves
between the Plant columns and through a maze of branches."
74. Simil:tr use of power deton:ltors to cause explosions lit location of targeted resource.
During AVATA R, in an effort to dcstroy Homc Tree which will allow access to the
resou rces beneath it, we sec "blasting techs are sett ing radio-detonated primer charges into
two-ton stacks of explos ive compound. The stacks are band-strapped together on pallets.
In AQUATICA, when the hero seeks to destroy a caveIJacility benearh rhe ocean floor
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which houses key resources, the hero says "Have our people set up all available high
powered derollators. " Moments later we sec " ... squad members running through the
corridors laying detonators .... in the other corridors. We see the tcam members darling
around and laying explosives.
75. Soldier escorts of Tech characters. In the AVATAR, soldier escortlhe scientific Sorties
whi le. In AQUATICA, the Tech Corp sub has soldiers and aqua-jet escorts to assislthem
wi th missions.
76. Common selection of soldier to work with Scientific or tcchnic:d unit. In AVATA R,
lake is choscn to soldier with the science team, as the script states "A Marine we can usc.
I'm assigning him to your team as security cscort." In AQUATICA, the hero is chosen to
soldier with and defend the Tech Corp team because of his military skil l.
77. Tcaching of locals and common subjcct of peace. In AVATAR, Grace and her team
work and teach the locals in an effort to engender peace between both sides. In
AQUATICA, the sc ientists - Dr. Hillia and the Teclmology Corp - work with and teach
the locals to bring about peace between two opposing sides. The AQUATICA script says:
"We were going to show everyone that by improving the quality of life in the warlord
territories, we could turn things around - withou t al1 the bloodshed warring brought. "
78. Grievances about heroes' military/soldier mindset. In AVATAR, Grace has a
grievance wi lh the hero 's warrior/soldier mindscl. In AQUATICA, Dr. OClOria I-Ellia has
grievance with the hero 's warrior/soldicr mindset. The A V ATAR script shows Grace
stating regarding lake "I need a research assisfanr, 110t sOllie jar/wad dropollf .. The last
rhing J need is anarher rrigger happy asshole oW there! ,." In AQUAfI CA, Dr. Octoria
Hillia has grievance with the hero 's warrior/sold ier skill set, as the script states "Bur cOllie
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79.
on Torill, you're known throughout tlte Leaglle as the Brodarian Leaglle's War/ordl And
rhey call yO/lr IInitthe Death Barration "
Unity :md Co Jl abor:Hion. In AVATAR, Jake unites the clans. In AQUATICA, the
Lord-Chancellor Orkham uni ted the clans. AVATAR script also states: " Tonik l\;facro
was mighty -- he brought the clans together in a time of great sorrow, All Na'vi people
know thi s story" whi le in AQUATICA, the Lord Chancellor Orkham brough t the islands
and underwater cities together at time of great cri sis. Addi tionally, Torin helps to bri ng
the island and underwate r cities together, united them in new resolve to defeat villains.
80. Liter:try accomplishment with Icnd scicntists. In AVATAR, lead scientist Grace is
renowned for her writ ings, as the script states "Grace Augustine is a legend. She's the
head of the Avatar Program, and she wrote the book -- I mean litera ll y wrote the book -
on Pandoran botany." In AQUATICA, Dr. Hillia is renowned for his wri ting, as the script
states "You are my guest of honor here Dr. l-li1lia. I have great respect for your mind. It' s one
of the greatest minds of the millennium. I realize that. And I know you are the League's
inte ll ectual foundation. I have read all of your writings."
81. Enemy chase and escape through gillnt foliage. In AVATAR, the hero flies through the
giant plants. We see the enemy tai li ng him as he weaves through the giant plants and plant
columns outrunning the enemy. The hero escapes by a rtfully twisting through the
gargantuan fo li age. In AQUATI CA, the hero flies th rough the gargantuan plants. We see
the enemy taili ng him as he weaves through the giant plants and plant columns outrunning
the enemy. The hero escapes by artfully twisting through the gargantuan fo liage.
82. One arm gnlsp of hero and shooting of villain beforc killing of hcro. In A VATAR, a
large r sized vi llain, thanks to his body armored amp suit, li fts up the hero with one arm,
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rcaches for his weapon with the other, but is struck by another weapon before he can kill
the hero. In AQUATICA, a body armored, larger sized villain, lifts up the hero with one
arm, reaches for his weapon with the other, but is struck by another weapon before he can
kill the hero.
83. Common battle scene where soldiers and scientis ts fight enemy. In AVATAR,
soldiers and scientists come together to combat a powerfu l enemy. There are scenes
whcre soldiers and sc ienti st fi ght the powerful enemy inside a gargantuan, alien-like forest
fi ll ed with mountai n sized trees. In AQUATICA, there are scenes where soldiers and
scientist fight the powerfu l enemy inside a gargantuan, alien-like forest filled with
mountain sized trees.
84. Doth heroes speak at "E;lstern Seas." A V A TAR, the hero goes to the Eastern Sea and to
the " ... people of the Easte rn Sea" where a large crowd of the people o f the Eastern Sea
stand with him on the shore as he speaks to them. Moreover, a leader o f " .. . people of the
Eastern Sea" stands ncar him. In AQUATICA, the hero goes to the "Eastern Sea" and to
the people of the Eastern Sea at an island where a large crowd of these people stand with
him on the shore as he addresses them. Three leaders stand near him. The AQUATICA
scri pt states "title card: The Eas/em Sea IVaI' Zone ... 11 flee r of Brodaricll1 League aqua-jets
cruise through the waters in altack formation .... AI the helm ... is l\Jajor Torin Ga/o . ..
Whi le still in thc Eastern Sea War Zone, the script states "The shore is crowded with
hundreds ofpeopJe of all ages - men , women and ch ildren - all standing quietly but
eagerl y. In the distance, behind the Irce lined shore, stands a city ... Torin stands in fron t o f
the three orficials and salutes." I-Ie then says "'nlC last of the ... warlords in these waters has
been deposed."
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85. Three dimensional rcpl'cscnt:ltions of forest and/or vegetation. In A V ATAR, we see
a three dimensional representation of the fores t at the headquarters/base of operati ons. In
AQUATICA we see a three dimensiona l representat ion of the vegetation and kelp fo rests,
a canyon, and rock s urf~lces at the characters ' base of operations.
86. Wingcd flights. In A V ATAR, characters on winged crea tures "swoop between hang ing
vines" while in the bioluminescent jungle in AQUATICA containing "a ... Iarge, waving,
and kelp-like plant hangs from the cei ling." We see key characters in winged crafts spccd
into and through the large plants hanging frolll the rock cei ling.
87. Common usc of term "pillars" as per trcc/fo rests. A V A TAR mcntions a tree with "a
base of massive mangrove-pi ll ars" while AQUATICA describes fores ts as having "giant
planl pillars. "
88. Hordes of craft racing through mount~lins in attack mode. During a key, climatic
banle in AVATAR, hordes of crafts race be tween Pandora' s float ing mountains and soar
between cliff walls of the fl oat ing mountains on the ir way to an attack. During a key,
climatic batt le in AQUATICA, hordes of crafts race between mountains and soar between
cli ff wa ll s on their way to an allack.
89. Cavity filled with cnormous trees. In A VATAR, there is an enormous cavity filled with
enormOllS, alien trees. As a version of the AVATAR script explains " the well of souls is
a deep caldera 100 meters across. It is ringed with enormous willows whose roots seem to
pour down the sheer rock wa lls." In AQUATI CA, there is an enormous cavily filled with
enormOIlS, alien trees. As the AQUATICA script explains, the story involves " .. . a
vast.. .cavity, housing a bio-luminescent forest of gigant ic, green, red-wood tree like
plants ... "
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STRIKI NG SUBSTANTIAL SIMILARITI ES BETWEEN AVATAR AND DESCENDANTS: T H E POLLINATION
(AKA TH E POLLINATION AND/OR POLLINATION)
90. Similar opening scenes. A vatar begins with a view of the gargantuan, al ien
forest. THE POLUN ATION begins with a view of the gargantuan, alien forest (Page 1).
91. Bioluminescent fl ora/phlllt life and g l'ccn bioluminescence in particular.
AVATAR conta ins alien, bioluminescent flora/plant life throughout the vast forest of
gargantuan trees and foliage (e.g. page 75). POLUNATION includes ali en,
bioluminescent flora/plant life throughout the vasl forest of gargantuan trees and foli age.
In AVATAR, bioluminescence spreads over plant life. In particular, AVATAR states
that "Rings of green light.. .expand outward from each footfall. " TI-IE POLLINATION
detail s "pale green bioluminescence" that "spreads" whi le A V ATAR details "Rings of
green light" that "expand." "Ripples" is clearly another way of stating the same action as
spreading. (page 112).
92. "Alien" (rees and/or foliage. The AVATAR script states " 'l1le frees are alien"
while '1'1-1£ POLLINATION script stutcs: "ext. upper treetop city - night- Primordial,
luxuriant vegetation of the upper treetop canopy. Lush, splendorous terrestrial fo li age
textures illumined by the moonlight. Eerie, other-worldly, ovcrwhelming, alien in
appearance. " (Page I).
93. Unbrcathablc atmospheres. In AVATAR, the Pandora atmosphere is
unbreathable. In THE POLLINATION, the Bio-Vapor in the atmosphere is a major part
of the story (e .g. pages 26, 34, 35). The POLLIN ATION script detai ls the Bio-Vapor like
thi s: " ... The bio-vapor, the unique mist engulfing the Mega Forest. . . " (Page 26). As the
sc ript explains " .. . atmospheric chemists and environmental microscopists . . monitor ? - )
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everything having to do with the bio-vapor - its impact on the atmosphere and the
canopy." Because of the Bio-Vapor that engul fs the Mega forests covering the planet ,
the atmosphere is toxic and almost /Illbreal!wble.
94. Initial Conflic t evolves into immediate defensive alliance and romance. III
A VA TAR, the hero and heroine begin their relationship ill emotional and physical conflict
and slIbseqllemly make peace, ending lip fighting side by side. III THE POLLlNATlON,
'he hero alld heroine begin their relationship in emotional and physical conjlict and
subseqllently make peace and end IIpfighting side by side (e.g. pages 6-10.50-55).
95. Tribal Acceptance of Stranger Pust Initial Conflict. The gender role reversals
in A V A TAR were meant to conceal decept ion as per character deve lopment of hero and
heroine by switching genders. Despite reversal of gender, the simi larities remain
apparent. In AVATAR, after the heroine and hero make peace, she brings him back to her
group (lhe Na'v i) and convinces them to accept him. In addit ion, after the heroine heads
back to home-base fo llowing thei r confrontation, the hero goes after her and she ends up
bringing him with her to meet her group. After the heroine and the hero make peace in
THE POLUNATION, the hero takes her back to his group and convinces them to accept
her. Additionally, in THE POLLINATION, after the hero heads back to home-base
following their confron tation, the hero ine goes after him and he ends up bringing her with
him meel his group (e.g. pages 6-1 0, 17-29, 36-40).
96. Palriarch and M:ltriarch clcanmce. In AVATAR, " ... NEYTIRI says, "Stop!
There has been a sign. This ij' (ll1ltltler for the Tsflhik .... .. and later Jake is brought before
the Matriarch and Patriarch. In TI-IE POLLINATION, the hero has to "gel clearance"
from the matriarch and patriarch, by bringing Ninurta to meet them, before they can work
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with her. They take Ninurta to see Hadeana and Hadean to get their input , as the script
states " ... our most senior Descendants ~- Hadeana and Hadean. sister and brother who . ,
guide the Descendant community back home ... We're supposed to get clearance on you."
Afterwards, Ninurta is brought before matriarch and patriarch, Handeana and Hadean.
(Page 39, page 50-59).
97. M:ltriarch support of hero vcrs us heroinc. In AVATAR, matriarch MO'AT
grudgingly agrees that Neyt iri will work with Jake: 'Neytiri will test thi s "warrior." In
the POLLfNATION, matriarch Hadeana grudgingly agrees that Gimil will work with
Ninurta and will be responsible 1'01' her (page 55). THE POLLINATION script shows
thi s: Gimi l says " I learned on the job. She can learn on the job." Hadean (the pollinator
patriarch) responds by saying " You were under us. She won't have that advantage out
there with you and Mitanni. I'm against it. .. " However, matriarch Hadeana says, " If we
decide against him, he's going to follow his own mind . . . I am going to support you on thi s
because you're going to go your own way and do what you think is right regardless of
what my brother and I say." (pages 54-55)
98. Matriarchal assignment of responsibility over he roic stranger ch~lracter. In
A V A TAR, the matriarch Mo-at tell s Neytiri: "Daughter. You will leach him ollr way, to
speak and walk as we do . . . I-Ie is your responsibility." In THE POLLINATION, the
Matriarch Hadeana agrees that Gimil , the hero, will take responsibility for Ninturla, the
heroine to help and work with her (e.g., pages .51-59). The matriarch and Patriarch give
decide to allow the hero to teach the heroine. I-Ie tells her he will "get you ready
99. X winged structures. Banshees -- Oying, winged creatures in AVATAR the
movie -- have a unique, horizontal X-wing structure. Addi tionally, the script states ". The
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ai r battle is joi ned. Jake 's great Leonopleryx nai rs imo ils signature crimson X shape"
(p:lges 132-133). In POLLINATION, the winged crafts also have a unique, horizontal
X-wing structure, as the script states "!-Ie looks up to see unique X-wing aircraft called a
canopy crawler-sleek, black with raised insect li ke wings - more than an aircraft, it is
especially designed to navigate the Mega Forests ... " (Page II ).
100. Spiritual connections to environment :lI1d reincarnation. In AVATAR, the
Navi' believe their life feeds off the powcr of the planet Pandora and the great tree . Eywa
has great power over all li ving things in AVATA R (page 53) as the script states "Who's
Eywa? Oh, only their deity. The Great Mother. The goddess made lip o f all living things."
THE POLLINATION script states that the Pollinator tri be is inex tri cably linked to the
Bio-Vapor, feedi ng off it. The Bio-Vapor, a mist that engulfs the mega forest , is emitted
by plant li fe and trees, and resides inside the trees. When Pollinators die, their bodies
aeroso li ze and pass on into the BiD-Vapor. The Bio-Vapor nurtures plant li fe , while the
Pollinator tribe very li fe feeds off the Bio-Vapor, which is released by the Trees and the
soil. Accord ing to the Pollinators, " ... the bio-vapor has power over all li ving things on
earth and in earth . In A VATAR, people die and join Eywa in the Tree of Souls within the
foresl. In POLLINATION, people die and join the Bio-Vapor. (page 37). AVATAR
states " ... She must pass th rough the Eye of Eywn -- and return (page 120) ... He looks lip
into the tree. The hanging tendri ls undulate softly. It 's easy to imagine a presel1ce ... If
Grace is there with you -- look in her mcmories" (page 128). In POLLINATION,
Pollinators aerosoli ze when they die. Fly trap, the leader of the Poll inators, attempts to
aerosolize to merge into the Bio-Vapor \Vhich emanates frol11 the trees and return. The
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script states, "My body will aeroso li ze, merge wi th the bio-vapor and become stronger. J
will re-emergefrom the BiD-Vapor ... "(page 35)
10 1. Tribal Illlitriarchs :lnd patriarchs, 50ish matriarch , ancestral connections
:lOd ancestn ll memories. In AVATAR, the Na'v i is led by 50ish matriarch and patriarch
Eytukan and Mo'at, an older man and older woman, with un ique insights, gi ns and a
special connect ion to the ancestors. In A VA TAR, the matriarch Mo'at is described as "a
severe woman in her 50's." in THE POLLrNATION, the script states "Hadean<l is ... Early
fifties and exoti cally beaut iful." (Page 51). In TH E POLLINAT iON, the Descendants
led by 50ish matriarch and patriarch, Hadean and J-Iadeana, have unique insights, gifts and
a special connect ion to the ancestors. The hero explai ns that everyone who is in the group
called Descendants arc able to access memories o f ancestors. As the script says
concerning the ancestors: " ... As Descendants, we inherited their knowledge and can
access their memories." However, the script goes on to say that: "I-Iadeana and J-Jadean's
genetic memory goes back the farthes!.. ." (Page 74). Later we see them accessing the
ancestor's memories to solve a problem and obtain vi tal infomlation concerning their fi ght
against the villain (pages 74-75).
102. Matriarch and Patriarch obsen 'lltion llnd vlllidation of special attraction and
rela tionship betwecn hero and heroine. Similar character developmcnt. In
A V A TAR "Mo'at and Eytukan follow their look, seeing the obvious connection" between
Jake and Neytiri. In TI-IE POLLINATION, I-I adean and I-Iadeana sec a connection
between Gimil and Ninurata. Hadean, the matriarch says of Gimil and Ninurta " ... you
share an experience that connects YOll ... " (Page 54).
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103. Similar sccncs. Lush exotic gargantuan plant life. A V A TAR is set on a lush,
exot ic world covered by gargantuan, alien nora and super trees in a forest of giant
trees/tree limbs, vast foliage, giant vines and [caves. THE POLLINATION is set in a lush,
exotic world covered by gargant uan , alien flora and massive super trees in a forest of giant
trees/tree limbs, vast foliage, giant vines and leaves (Page I und throughout script)
104. Common ~tneient counterpart/mentors. In AVATA R, Jake, the hero has an
ancient counterpart called Toruk Macto, who was ancient warrior, while in TI-IE
POLLINATION, the hero as an ancient counterpart who was also an ancient warnor.
(Page 127-128).
105. Futuristic trains. Earl y on in AVATAR script , e levated futuri stic trains are
shown as part of the li fe of the city. Early on in PO LLINAT ION, e levated futuristic trains
are shown as part of the li fe of the city. AVATAR states " J-Ie stares upwards at the leve ls
o f the city. Magtrains roar overhead" (page 3) while in POLLINATION " ... suspended
trolley car like trains trave l to and fro between the cities."(page 40)
106. Human insertion of genetic designs . In AVATAR, the humans insert their
genetic design with the AVATAR bodies. In Descendants: THE POLLINATION, key
characters insert thei r genetic design with the foliage. There is a scene we ' re a character
in The Pollination says "We're going to insert our genetic design with the fo liage ." (e.g.
Page 112)
107. Ne:lr kill ing of main character unt il ll1anifestation of sign and corresponding
reve lations and "connection." In A V A TAR, Neyt iri says concerning the hero '" was
go ing to ki ll him, but there was a sign from Eywa." In THE POLLINATION, Ninurta
was going to kill Gimil unt il she saw his mark ings, which we learn are a sign of their
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ancient connection. The script states: "Gimillooks in amazement at her forearm , which is
adorned with a tattoo of glowing symbols. Ninurta looks astonishingly at Gimil's forearm,
which is also adorned with a tattoo of glowing symbols - very simi lar and possibly, even
the very same symbols ... We share almost identical symbols. Both ofyoll know what that
means .. .It means you share an experience that connects you somehow ... " (e.g. pages 6-10,
50-55)
108. Similar sign messages. In AVATAR, we learn that the sign from Ewya connects
lake to an ancient war, giving him the ability with the " the Great Leonopteryx" which
allows the hero to overthrow the villains' power. In THE POLLINATION, we see that
the sign shows ability linked to an ancienl warrior that allows the hero to oveflhrow the
villains ' power. (127-128).
109. Appearance of mist in sccnc .. AVATAR describes a wide vista li ke thi s: "mist
blowing through the treetops as the morning sun burns it away. A spectacular panorama of
a vast, primeval land." THE POLLINATION gives the forest a similar "vast, primeval"
characterization which entails moving mist, describing the upper treetops as "Primordia/,
luxuriant vegetation of the upper treetop canopy ... Eerie, other-worldly. overwhelming,
alien in appearance. A fine, splendid mist rises. These trees belong to the dark , dense
Mega Forest dominated by ta ll, gargantuan, mountain-like, colossal trees." In particular,
A VATAR describes the mist as "blowing" while the POLLINATION describes the mist
as " rising." (pagel)
110. Sunlight to moonlight. In AVATAR. the script says "Sunlight streams down
through gaps in the towering vault." The A VATAR script also shows a scene describing
the colossal tree fil led forest like this: "up ang le tracking among the trees, the sunlight
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shaft ing down like light in a cathedral," while in THE POLLINATION, "moon rays
streaking between leafage of the colossal trees sending sha fts of light to illumine the
foliage deep sea." (Page 12).
111. C r:,ckling from g:lrganfuan foliage. In AVATAR we see "Some of the hanging
vines are brushing over the upper branches of the beansta lk with a crackli ng hi ss" while
THE POLLINAT ION shows: "crack li ng as the ship moves through the fo li age." (Page
12).
11 2. Large environmental terr:lin ami common usc of term " prop up". In
A V A TAR, Hometree is large enough 10 prop up an ent ire village. In THE
POLLINATION : " It is clear that these Mega Forest trees - large enough 10 prop lip cities"
(page 1).
113. Common leadership interpre tation of ancestral memory. In A V A f AR, Motat
interprets the will of the powerful Eywa, including a place which holds the ancestors'
memories. In TI-IE POLL INATION, Hadcana and I-Iadean in terpret "Semblances,"
memories and inheri ted knowledge from the ancestors. (pagcs2 1, 74-75)
11 4. Blue sldn/green skin. In AVATAR, the protago nists go from human to a
physical manifestation as a Navi with blue sk in. In THE PO LLINATION the Pollination
Order goes from human to another physical fo rm as Poll inator with green skin that is
fi lamentous. The scri pt details this: "The" skin" on the Group of Pollinators is green,
filamentous -- SCIIIIIIIIY patcltes on their faces seemingly percolate with bubbles .. . Girth
takes on Poll inator form . . . " (page I). "The Pollinators take on form with green
filamentous skin wi th bubbly scummy patches" (page 11 2).
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11 5. B::lttle scenes on limbs/branches. In AVATA R there are action sequences where
crafts fight among the giant trees and gargantuan tree limbs. In TH E POLUNATION,
there are several action sequences where the Canopy crawlers and other crafts fly fight
among the giant trees and tree limbs (e .g. page 12). As the Pollination script detail s,
"dashes between the gargantuan, monstrOlls branches of the super sequoias and
through ... a li en, otherworldly plan ts, divi ng downward . .. moon rays streak ing between
leafage of the colossal trees sending shafts of light to illumine the fo li age" .
11 6. Common climbing up side of gargantuan treesl tree trunks. In AVATA R. we
see hunters climbing up gargantuan trunks. In POLLINATION we see Pollinators
climbing up gargantuan trees. AVATAR states "200 meters up the beanstalk , the hunters
nimbly climb along the vine-trunks" (page 70) while POLLINATION states describes a
scene inside the forest o r gargantuan mountain like trees: " Below, Pollinators . . cl imb up
side of the trees as if they were spiders ascending a wall" (e .g. page 11 4)
11 7. Common aerhll (suspended) walkways linking mountainous forest
structures. In AVATAR characters cross an aeri al walkway connected to fo liage
covered mountains. In POLUNATION characters cross an aeri al walkway connected to
roliage covered mountain-like trees. AVATAR states: "Ext. mons veritat is - day tiny
figures cross a causeway of vines connect ing a small island of unobtaniulll to the main
mass of Mons Veritati s" (page 70) while inside the forest of gargantuan mountain-like
trees that are alien in appearance in POLLINATION "Gimil and Ninurta descend over
down on small network of suspended walkways with cabled net wa lls. In the trees linking
lhe walkways, the freakish fl ora grows ... "
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118. Reclining on leaves and plants. In AVATAR, characters recline in a plant life
be which resembles e longated leaves, while characters recline in elongated leaves in TI-IE
POLLINATIO N. The script states "We see a water lily pool cluttered with green lily
pads. Peppered between the lil y pads arc large-sized, long leaves whose ends disappear
into the water ... A large, elongated leaf rolls and we see that it is actually a pod. We see
the leaves open up like expanding wings of a raptor. We see the fi gure of a Pollinator in
roll out." (page 89)
119. Glowing seeds as sign of specialness. In AVATAR, glowing seeds reveal the
specialness of the hero. In the A V ATAR script: Wood sprites (g lowing seeds) ... Morc
sprites come, land ing al l over his arms, hands, body ... " In THE POLLfNATION,
glowing seeds signify the special ness of the hero/heroine (pages 127-128). AVATAR
theatrical release, "seeds of the Sacred Tree" are glowing seeds that arc a sign that Jake -
the hero - is special. The script ca ll s them " . .. Seeds of the Great Tree .. . " In THE
POLLINATION, glowing seeds are a sign that the hero and heroine are special. The
glowing seeds were later revealed \0 be seeds of an enti re, new forest of great trees (page
135). It is notable that woodspritcs look like dandelion seeds but act like insects.
120. Similar descending of seeds with gr:lcc. In AVATAR seeds descend with
ce lest ial grace when it is revealed that Jake is chosen for something special. The
POLLINATION has a sequence where seeds descend from the trees "with celestial grace"
as described in the sc ript. As explained in the screenplay, "A swann of large long-tailed
single seeds descend thro ugh the fo liage construct with almost a celestial grace of motion.
(Page I 17).
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121. Circular forest life forms spinning around hero ~\Od heroine. In AVATAR, a
horde of fla t, spiraling life forms spinning around the hero and hero ine. In particular, the
A V A TAR script says "night -- they enter a clearing filled with chest-high ferns. Neytiri
signals him to move slowly. They approach a creature on one of the ferns. An ugly, st ick
li ke li zard-thing perched on a frond. As he approaches --snap! A long spine whips in a
circle, unfurli ng a bioluminescent membrane -- a disk a meter across, opening like a
Chinese fan. It flies off, a living Frisbee. The fan li zard fl oats across the clearing. 65.
Neytiri plunges among the ferns wi th a sharp cry. An explosion of color as dozens of fan
lizards takes flight. THE POLLINATION script describes "In the tree foliage. We see
hordes of single seeds with long, flat plant tail s." In The POLLINATION, spiraling, fl at,
long tai led seeds, spin around the hero and heroine (e.g. page 112, 116-117). As the scri pt
states: "Attached to the freakish flora are enormOllS single seeds - seeds with two long
tails ... Above them are hordes of the large single seeds." The scri pt goes on to say
"Hordes of enormous single seeds break from branches and spin downward ... A swarm of
large long ta iled single seeds descend through the fo liage construct with almost a celestial
grace of motion. Gimil and Ninurta begin dodging them and scurrying out of the way."
Page 11 7 says of the spiral ing foliage "Hordes spin down through the leafage." Pages
116- 11 8 all detail these phenomena.
122. Fire-like insects land on main characters' bodies in large numbers. In the
A VA TAR script: Woodsprites (glowing creatures) circle around them, some alighting on
their shoulders and arms. The official AVATAR script states" ... More sprites come,
landing all over his arms, hands, body ... " In THE POLLINATION, hordes of glowing
fi re-flies land on the Pollinators. Firefly-like insects land on various wri lh ing bodies. We
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see insects landi ng on a key character. In the mist, we see silhouettes of bodies
wri thing ... the bodies move in ecstasy, while Ihe fire:fly like insects, seemingly dance all
over and arolllullhem (page 77).
123. Access to ancestnll mClIlor')'. Characters in AVATAR access the wisdom of
their ancestors by plugging the ends of their braids into a tree. Characters in THE
POLLINATION access the knowledge and memories of their ancestors through a process
called "semblances" via connecting forearms, for example. (e.g. pages 21 ,22)
124. Similar heroic plot de"clopmcnt. The hero in AVATAR helps the Na'v i fi ght a
powerful villain who seeks to destroy the weaker Na' vi. In THE POLLINATION, the
hero and heroine fight the Pollination Order, a powerful force that seeks to destroy the
weakened populace of the Mega Forest cities.
125. Forest baseo oC:lth and tI·:msfonunHon. In A V ATAR, the Trees give power to
the Navi' tribe. When the Navi die, they " li ve within Eywa" and the "Tree of Voices." In
TH E POLLINATION, a Bio Vapor released by the forest, gives power to an ancient tribe.
When the Pollinator tribe dies, they pass on into and merge with the Bio Vapor which
engulfs the Mega Forest trees. We see this in the script " . .. Which brings us to the new
power Polli nators have developed -- aeroso lizing into the air like spray from a can
minutes after they die. II feeds the Bio-Vapor." (page 77); "My body will aeroso li ze,
merge with the bio-vapor and become stronger. I will re-emerge fro m the Bio-Vapor and
retake Illy original form ." (Page 35).
126. n.c-c lJlel"/,~ in g new body versus new body p:lrt. In A V ATAR, a charac ter passes
inside a tree and re-emerges in another body. In THE POLLINATION, the Bio-Vapor is a
unique mist which emanates from the trees. A character stales that "My body will
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aerosolize, merge wi th the bio-vapor and become stronger. I wi ll re-emerge from lhe Bio
Vapor ... " Also, similar to AVATAR, thi s characte r was also para lyzed, used a wheel
chai r and was seeking a new body, which inherent ly would result in hi s legs getting
stronger, allowing him to walk.
127. Common plots: attacks on plant life and aggress ive military pursuit of
reso urces. In AVATA R, the villains attack the forest of the Navi' to obtain a key
resource. In the POLLINATION, the hero 's attack the plant life of the villains, whi le the
vi llains attack key and significant gardens created by the heroes to obta in a key resource.
In AVATAR, the antagonists seek a key resource possessed by the protagonists. The
villains attack the plant life to acquire the resource. In TI-IE POLLINATION, the villains
seek a "natural" key resource possessed by the protagonists and attack their plant li fe to
obtain it.
128. Final conflict in deep forest_ A V ATAR 's hero and the villa in engage in one
final conflic t deep in Pandora's giant fa res!. During THE POLLINATION's last
act/ending, the hero nnd the villain engage in one final conflict in deep the Mega Forest.
129. Sprawling twisted trees/plants into the si<y. In AVATAR, there is a key scene
as with " twisted vine-trunks. This is some sort o f freak natural occurrence -- like the
mythical bcanstalk, going up into the clouds." In A VA TAR, "Jake looks up at the
beanstalk going into the clouds .... In the POLLINATION, "Anther looks down. We see
the trees are "almost in the in the stratosphere." Their trunks extend downward then get
lost in the fo liage and whi rling mist be low. Additiona lly. the POLLINATION script
contains a key plot point where the characters look lip and see "the gargantuan trunks of
the Mega Trees stretching lip into the sky."
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130. A common bl:mkct of grecn. In the official A V AT AR, a character drops past
"A blinding blizzard of green." THE POLLINATION includes an action scene where
characters speed over foliage, as the sc ript states roaring chorus of engines as several
submersibles · the same retrofi lted Japanese Ohkas are speeding over the tree tops. The
foliage beneath is a speeding blur of various greens (page 11 8).
131. Characters plummct into forcsts. On Pandora in A V A TAR, also characters
plummet into the forest during major act ion sequences. In THE POLLfNATION , key
action sequences involve characters plummeting and crashing down into the Mega Forest
fo liage.
132. Glowing seeds idcntify :lnd clmracterize lead characters. In AVATAR,
glowi ng seeds identify and separate the hero from all other characters. In TH E
POLLINATION, glowing seeds identify and separate the hero and heroine from all other
characters.
133. The passing of a bowl of liquid at similar gMhcring places. In A VATAR, "A
bowl of some kava-like intox icant is passed around" at Hometree commons, a gathering
place for clan members. In TI-IE POLLINATION, the protagonist receives a bowl of
medicinal tea at a gathering place for Descendants' members (page 68·70). As the script
states "He scoops the hot water OUI with the wooden dipper and pours il into the small
bowl containing the tea, which takes on a unique orange glow ... then decorously passes
the bowl to Ninurta." "The tea is made from a combination of upper treetop, seeds, roots,
and leaves." (Page 67).
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134. Transformation 11nd lighting. In AVATAR the clan moves together in a trance
like state as they endeavor to transfonn a heroine from a human body to her Avatar body.
While the clan writhes, the blue skin of the Na ' vi is bathed in light. In TI-IE
POLLINATION, we see the Pollinator clan writhing together, bodies moving in ecstasy as
they endeavor to complete a transfonnation of themselves and forest li fe. While lhe clan
writhes, the green skin of the Pollinators is bathed in light. As the script states "of bodies
writhing ill the pool. Glowing green eyes become a blur as the bodies move in ecstasy,
whi le the lire-fl y insects, seemingly dance all over and around them" (Page 77). The
aforementioned scene in AVATAR is strikingly simi lar.
135. Location of mass concentrMion of phenomcn:1 and protective facility
established. In AVATAR, the heroes locate a massive concentration of a phenomenon in
the ali en forest and place a faci lity at the site for a last major stand. In TH E
POLLINATION, the heroes locate a massive concentration of a phenomenon in the alien
forest and place a fac il ity at the site for a last major stand.
136. Scientific sampling and stud ies. .In A V ATAR, key story situations and
character actions involve the scientists taking and studying samples from the ali en forest
of gargantuan, mountain size trees and freakish flora. In TI-IE POLLINATION, key story
situations and character actions involve the scienti sts taking and studying samples having
to do wi th the alien fores t o f gargantuan, mountain size trees, bio-vapor and freakish nora
(pages 11 ,38, 70-72,76-79). Such samples and sample taki ng include collecting "airbome
aerosols ... Skin cell fragments from a dead Pollinator. .. pollen from the Mega
trees ... lnsect parts ... a pyx idium, a seed vessel" and "seeds."
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137. Scientists :lnd soldiers join forces inside gargantuan forest. In A VA TAR,
soldiers and sc ienti sts work together to fi ght a powerful enemy, including character
actions and situations where soldiers and scientist fi ght the powerful enemy inside a
gargantuan, ali en-like forest fill ed wi th mounta in sized trees. In THE POLLINATION,
soldiers and sc ienti sts work together to fi ght a powerful enemy, includ ing character
actions and situations where so ldiers and scient ist fight the powerful enemy inside a
gargantuan, ali en-like forest filled with mountain sized trees. (e.g. pages 36, 49, 50-70-72,
75-80, 134 and 135)
138. Hero ' s winged craft. In AVATAR, the hero rides a unique, winged creature
which does things no other creature can do. This winged creature's actions are essential
conceming the outcome of the conflict. The winged creature has a unique, distincti ve
name. In TH E POLLI NATION, the hero rides in winged craft which does things no other
craft can do. This winged creatures actions nrc essenti al wi th respect to the successful
outcome of the confli ct. The winged craft has a unique, di sti nctive name. In AVATAR,
the giant winged creature has a di stincti ve, unique name.
139. C ity/\'ill:lge inside a tree. In AVATA R, a key tri be of Na ' vi has a village inside
a tree, called " Hometree" which " is 250 meters tall , with a trunk four times the diameter
of the largest Sequoia ... " (Page 44). The POLLINATION sc ri pt shows a c ity inside a tree:
"Among the enormous Mega Trees, the same ki nd that serves as pillars that uphold the
canopy treetop urban landscapes, we see lights emi tting from windows of a city built in
the side orthe tree which serves as the Pollinators base o f operations" (page 14).
140. Covering of bodies with bioluminescent flora. In AVATAR, thread li ke
biolum inescent plants cover bodies. In TH E POLLINATION, rreak ish nora grows over
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the body of the hero (page 94). "A severed hand grips his shoulder and the freakish moss
grows from his shoulde r to his neck." Eartier we see "moss covered Pollinator bodies."
In another sequence of events in TI-IE POLLINATION, bioluminescent covered flora can
be seen over human bodies, as the sc ri pt states " Ext. the tree crown ... bodies shriveled up
like prunes with the freakish flora sprouting out ofthem ... thcy sink thei r fingers into the
bodies, which become overwhelmed wi lh a pale-green, bio luminescent scummy
filamentous covering that spreads up the tree into the branchcs and the foliage." It is
notable that a dict ionary definition of " fil amentous" is composed of or containing
fil aments. f ilaments arc defined as "a very fi ne thread or thread like structure." There are
other examples in THE POLLINATION: " ... The "skin" on the Group of Pollinators is
green, fil amentous ... Gri th takes on Pollinator form of fil amentous skin and bubbly,
scummy patches ... We see they arc grecn, fil amentous pollinator bodies ... " (Page 77)
In TH E POLLINATION as in AVATAR. the fil amentous plant ("very fine
thread ... thread li ke" as desc ri bed by a dictionary de fi nition) extends over the human
bodies which are essel1l ially "fused" to the forest. The POLLINATION script states:
" . .. The Pollinators take on form with green fil amentous skin wi th bubbly scummy
patches ... they sink the ir fingers into the bodies, which become overwhelmed with a pale
green, bioluminescent scummy filamentous covering that spreads up the tree into the
branches and the fo li age." (page 112)
14 1. Dangling Icgs from vchiclc. In AVATAR, "high over the forest, Jake grabs the
edge of a weapons pod, hi s fee t dangling over open space." In the POLLINATION, hero
ho lds on to a vehicle, with his fee t dangling high up over the rorest - " I-lis legs dang le as
the canopy (reetop thicket passes by as a green blur beneath" (page 122).
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142. Strikingly similar mountains tops .. AVATAR has fl oat ing moumains which is
a recurring dev ice in the script and movie, while the POLLINATION describes
"Mountain-like trees." [t is notable that "mountain-like trees" have mountain-like trcc
crowns. In particular, tree crowns of these mountain-like trees arc both surrounded by
whirling mist and described in one instance as being almost in the stratosphere, arc
strikingly similar -- physically and visually -- to floatin g mountains.
143. Sequence. New b'lse of operations ncar end. In the end of AVATA R, the
heroes set up a new base of operation on the ground deep in the alien forest of gargantuan
trees. In the end ofTJ-IE POLLINATION, the heroes establish a new base of operation on
the ground deep in the alien forest of gargantuan trees. (Page 134-135).
144. Similar enemy chase of prototypes. In AVATAR, the heroine is pursued by
enemy crafts and we her on a winged creature "zigzagging through the dangling vines ... "
In TI-IE POLLINATION, enemy vesse ls pursue the hero who is close behind as the hero
via his winged craft "weaves through the spider-like branches and vines ... " (Page 13).
145. Similar aerial att;lcks and forceful vchicul:lr slamming scenes. down and
dest ruction of ae ri al craft. In A VATA R, during a battle over the alien treetops, the hero 's
winged creature slams down hard onto the enemy's aeria l craft, ultimately sending the
craft downward into the forest. In POLLINATION, during a battle over the ali en-l ike
treetops, the hero's winged creature slams down onto the enemy's aerial craft, ultimately
sending the craft downward into the fores t. For example, in A VATAR, "The pilot of the
Scorpion sees nothing but jaws slamming into his canopy. Jake rcleases the gunsh ip and it
careens into a cli iT, tearing off one rotor -- then plummets into the trees . There is a
satisfying fireball" (Page 133) ... "--k-wham!! The Leonoptcryx slams the gunship, driving
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it downward in a dive (page 134). In POLLINATION, the hero a lso while in his winged
cran maneuvers directly beneath Gimil. Gimil points hi s gun downward firing as a
defensive maneuve r then slams down hard on top o f craft and the driver before the
Pollinator gets a shot off. Gimil ri ses up and we see the driver is crushed by the force o f
Gi mil 's Ohka. Gimil fires, raking the vehicle into a ball of smoke and flames. It spirals
downward into the canopy (page 120) .... Gimil's Ohka speeds over as he looks back and
fires on two Ohka's tai li ng him. Both swerve while firin g back. Firing, Gimil weaves in
and out avoid ing the shots, then pulls the joystick backwards in reVCrSC. I-Ie slams the rear
o f the craft into the driver in the open cockpit (Page 12 1).
146. Fl o~ltin g life like seeds flowing in the a ir and landing on characters versus
tiny glowing fi re-fly insccts landing :lnd flying off char acters. The seeds of the Great
Tree in AVATAR move and ac t like insects. They are seen engaging in a wing-like
fl apping movement, c ircl ing in the air, landing on a chanlc ter, alighting on a character,
and flying off. In the POLLINAT ION, by compari son, one obse rves glowing, fire fly
like insects, which pollinate, and help fo liage to grow, fl ying, land ing, flying off and
alighting on characters. "G lowing green eyes become a blur as the bodies move in
ecstasy, while the fire-fl y li ke insects, seemingly dance all over and around them.
" Fire fl y-li ke insec ts land on vari ous writhing bodies. We see they arc green, filamentous
po ll inator bodies with bubbly scummy patches ... 1l is 11 euphoric merrick grilh. We see
insects land ing on him .. . " (Page77).
147. Similar anatom ica l conduits fo r unique physical connect ions. In AVATAR,
the tendrils are anatom ical elements that allow two be ings to link and share mental acts.
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In THE POLLfNATION, the anatomical markings similarly fac ilitate a unique physical
connection.
148. Sim illlr unique euphoric anatomical interactions from Hero to horse versus
from hero to heroine ("semblance"). In AVATAR, when Jake li nks his queue with the
horse's antennae, they bond and the horse phys ically reacts. In AVATAR "Jake bends
one of its an tennae down 10 the tip of his queue. He hesitantly touches them together
and ... tight shot -- the tendri ls interweave. Jake's pup il s di late and his mouth drops open.
The horse's eyes also go wide and it honks nervously." (Pages 54-55). In
POLLINATION, when Gimil links markings with Ninurta, they bond and she physica ll y
reacts: "For a fleeting moment, Ninurta seems hesitant, but Gimi l's approach is work ing.
She is desperate to know about the ancient Symbols glowing on her foreann - now
glowing more wondrous than ever before. We feel the wonderment as he presses his
foreaml against hers, causing their Symbols to connect as if they arc about to arm wrestle
-- but arm wrestling is the most remote activity at this moment. He turns his hand unt il it
is right in front of hers, then he grasps it with gcnt le subt lcty." Gimil , " looking at her
gently and intently" goes on 10 say: "Ninurta, brace yourself. You are about to experience
the power of genetic memory. Soft ligh t explodes from their anns ... " and they then share a
genetic memory. Moreover, the script states as per the glowing symbols: "We caB this
kind of memory a Semblance - a common memory to a ll Descendants - triggered by
anatomica l elements unique to Descendants." (Page 24).
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149. Similarly tight flight patterns. In AVATAR, we see Jake yank " into a hair~pin
bank, right through a gap between two huge branches." THE POLLINATION includes
sequcnces where "The Phys is dashes between the gargantuan, monstrous branches of the
super sequoias .. . the vessels jet betweell profolllldly dijJereJ1l alld varied hllge, beast-like
mega tree branches and thei r fo li age." (page 12). We also see a sequence where the hero
"weaves through Ihe spider~like branches (md vines." (page 13)
150. Flight into gloom versus night into dlu"kncss. In AVATAR, the script slates
" .. .Jake snap~roll s and dives toward the forcst canopy. He pilimmets into the
gloom ... "(pagc 74). In the POLLINATION, the heroes' craft zooms into the
undcrstorylbeneath canopy unli t layers. The sc ript states: "We hear the crackle of leafage
as the vessel zooms through thi s callopy ... We're depar,ingjrom the last layer o/mool/lit
ClillOPY layers ... We see 'he vessel ellter the canopy foliage darkness. (j)age 132)
l SI . Similar biological environmental developments . In AVATAR, Grace says
"Someth ing big is going on in there, biologically" (page 76). In THE POLLINATION,
key characters indicate a si milarly bio logical development in the environment: The
humans will never fi gure out this means the Bio~ Vapor is getting stronger. .Ihe Bio~
Vapor, which is affecting evel)' level 0/ the atmosphere may forever aller the
photosynthesis process ... " (pages 1, IS , 26)
152. Simil:lr closing scenes: Heroinc kissing hero, along wilh mcmbers of group
gathered :lround bioluminescent greal trec(s) during a transformational occurrence.
In AVATAR' s last scene. we see "Ext. we ll s of souls ... the willows glow soft ly. The
entire Omaticaya clan is gathered, seated in a praye r circle around the Mother Tree . ..
Neytiri removes the mask from Jake's human face. She gently closes his dead eyes wi th
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her fingertips. Then bends and ki sses him" (page ISO). In TI-IE POLLINATION's last
scene, thc scri pt states: "The microscopist, Ninurta, and Mitanni are at the work site with
a fcw other Descendants. In the di stance we see the huge tree trunks of the super
sequo ia's stretching lip into the sky. Gimil and NinuI1a 's eyes are locked on each other.
Ninurta steps closer and leans in. She and Gimil kiss ... Ninurta looks up at the new Mega
Trees." (2006 script)
153. Common arrowhcad necklaces. In AVATAR, Neytiri 's mother has an
arrowhead shaped O1'l1amelll on her necklace, which is prominent ly di splayed. In TJ-IE
POLLINATION, the sc ript states "She is a woman warrior with a stri king resemblance to
Ninurta. Luminous beauty. A firebrand. Around her neck are I/umerous necklaces
ado/'lled wilh arrowheads. (page 127)
154. Symbolic natural healing of fOI-cstl " new trees." In AVATAR. the forest heals
aner experiencing destruction. AVATA R states "The forest will heal , and so will the
hearts of the People. New li fe keeps the energy flowing, like the breath of the world ."
(Page ISO). POLLINATION states " ... the new trees streak upwards wrapping themselves
around the trees - as if they were being pai nted on, overwhelming them a ll the way to the
upper canopy. We see the new tree branches growing over the original branches .. . New
trees ... They're overtaking over the all the Mega Trees that are releasing the Bio-
Vapor .... and restoring the photosynthesis process back to its fonner state."
ISS. N:lture' s res iliencc. In AVATAR, Eywa, a uniquc, great ent ity wi th power over
the trees and the planct fi ghts back - as initiated by lake - against Quaritch and company.
In TH E POLLIN ATION, a forest of great trees and the planet fi ght back: " If you did you
wouldn't have allowed the sac red forests to be desecrated. Due to our help the forest
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struck back with the Mega Forest.. .both are now striking back. Flora and fauna and
insects .. . " (Pages 90-91 ).
COUNT I
BREACH OF IMPLI ED CONTRACT
156. Plaintiff incorporates paragraphs I- ISS as set forth ful ly herein.
157. At the time of Moore's aforementioned conversations and communications with
Lightstorm regarding hi s copyrigh tcd works, an implied-in- fact contract ("contract") was
formed. Thereupon, Defendant(s) effective ly agreed not to use Plaint ifrs works wi thout
paying him reasonablc compensation and affording him credit in accordance with
enterta inment industry customs and practices.
158. Plaintiff clearly condit ioned his di sclosures to Ligh tstorm upon an expectation
that its usc of his copyrighted works would result in compensation, and Lightstorm
accepted Moore's works wi th that in mind.
159. A duty to pay compensat ion arose when Pla intiff clearly conditioned his
disclosures of hi s copyrighted work to Defendants upon an obligat ion to pay, and
Defendant(s), with knowledge of that duty, vo luntari ly accepted the information and used
the idea.
160. In releas ing AVATAR to the public, and in prepari ng sequels and derivat ives,
some of which arc ment ioned herein, wi thout compensating Moore or giving him any
credit, defendants breached their implied contract with him.
161. As a direct and proximate result of Defendant 's wrongfu l act, Defendant and its
agents and assigns have and will continue to be unjustly enriched, and Moore has su ffered
and will cont inue to suffer to suffer damages in an amount not yet to be detemlincd.
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CO UNT II
VIOLATION OF FEDERAL COPYRIGHT ACT 17 USC § 101 ET SEQ. ALL DEFENDANTS
162. Plainti ff incorporated paragraphs 1- 161 as irsci forth full y herein.
163. Examples of substant ial similarities between the Plainlifrs work and Avatar do
not point to random, unprotected elements that appear in both works, but stem from
distinct , detai led aspects of the copyright protected sc ience fi ction/action-adventure stori es
(Plaintiffs works) where action, character, se ttings, and character interplay are vital parls
of the works.
164. These protected similarities definitive ly foml the basis of substantial similari ty,
particularly with respect to certain key, essential plot and sequences, sett ings, character
development, di alogue, and mood and pace that are so marked ly alike. Therefore, with
clear basis in fac t <lnd law to support Plaintiff's claim of copyright infringement , Plaintiff
seeks immediate remedy with prejudice.
165. As a consequence oflhe aforementioned, Plaintiff alleges that there is ajustifiab le
copyright infringement claim aga inst all Defendants concerning A V A TAR under 17
U.S.C. § 106, and that Fox, as the corporate Defendants, al so contributory infringed upon
that copyrigh t.
166. Defendants have infringed upon Plaint ifr s copyright by its making an
unauthori zed de rivative work- namely, the A V A TAR based upon significant select
segments of Plaint iff' s copyrightab le screenplays and through its unauthorized copyi ng,
di stribution and public di splay of the movie, A valar, its subsequent market ing and
production of A VATA R in DVD form , through domestic and international sales thereof,
related paraphernalia and through development o f ant ic ipated A V A TAR sequels . 48
Case 8:11-cv-03644-RWT Document 1 Filed 12/19/11 Page 49 of 64
167. If not enjo ined. Defendants will continue to infringe upon Plaintiff' s copyrighted
works by continuing to adve rtise, market, and promote AVATAR, having released the
Movie and otherwise di stributed or licensed others to distri bute the Movie in variolls
fonnats and di stribution channels; and , by di stri but ing or li ccnsing derivative works.
168. Defendants ' conduct constitutes intentional, deliberate and, at the very least,
reckless copyright infringement in disregard of Plaintiff' s rights.
169. Defendants' wrongful infringemcnt has caused irreparable injury to Moore, and
unless thi s Court restra ins Defendants from further use of his infringed upon copyrighted
work, he wi ll cOnlinue to suffer irreparable injury for which he has no adequate remedy at
law.
COUNT III
FOR AN ACCOUNTING ALL DEFENDANTS
170. Plaintiff incorporates paragraphs 1·169 as set forth fu ll y he re in.
171. Plainti ff is cntit led 10 a full and complete accounting with respect to all revenuc
derived by Defendants, in order (Q determine profits and or royalties to which he is
en titled.
172. The amount that the Defendants have collected is unknown to the Plaintiff and
cannot be ascertained without an accounting. Plaintiff is informed and believes thal the
amount owed (Q him exceeds $ 1,500,000,000.
COUNT IV
FOR DECLARATORY R E LIEF AGAINST ALL DEFENDANTS
173. Plaintiff inco rporated paragraphs 1·1 75 as sel fo rth fu lly here in. 49
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174. An actual di spute and controversy now exists between the named Defendants and
the Plaintiff as to the ownershi p/autho rshi p of "A V AT AR." Plaintiff contends that he should be
credited and paid as creator and co-producer thereo f.
175. Plainti ff is informed and be li eved the named Defendants or each of them dispute
Plaint ifrs contentio n. Plaintiff, therefore, desires and requests aj udiciu l determination and
dec laration regard ing the parties' respective rights and obligations as pe r AVATA R. Plaintiff
seeks to be credited and paid as a creator and co-producer on all Future broadcasts, DVD
releases, licenses, etc., of "A V A TAR" without exclusion.
WHEREFORE, hav ing stated heretofore its claims, Plaintiff prays that thi s Court enter judgment
in its favor and against Defendants joint ly and severall y, as follows:
A. For actual damages and profits in excess of $1 ,500,000,000 acco rding to proof.
B. For a pre liminary and permanent injunction enjoining Defendants from infringing further
upon PlaintifPs copyrighted material in any matter;
C. An account ing as to any and all gains, profits, interest thereupon related to Defendant 's
infringement ;
D. Declaratory relief, as appropriate, relative to Plaintifrs copyright;
E. Punitive damages in excess of $1 ,000,000,000.00, if and where appro priate;
F. Legal fees and costs related to bringing thi s case; and
G. Such other relief as thi s court declares appropriate and necessary.
Dated: Mond:IY, December 19, 2011
Plaintiff demands trial by jury of all issues so tr iable.
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dtem le law{@ ·mail.com Attorne for Plaintiff
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