Afraid not. That's not how it works at all. There's no requirement to show actual harm in a copyright lawsuit. That only enters into it if they ask for *actual damages*, in which case they need to show the harm. But instead, in basically all lawsuits, they ask for *statutory damages* which are up to $150k per work infringed and do not require any demonstration of harm.
In this particular case (again common) CBS has asked for statutory damages but also said they are retaining the right to choose actual damages instead if they demonstrate harm later in court. But they won't do that, since there's no way they could beat the free statutory damages.
I could see it going a lot of different ways, depending on the judge. I doubt it will be a 100% win for CBS -- at the very least, I'd be pretty shocked if the court agreed that there are 79 counts of infringement on all 79 individual prior episodes. That will probably get kicked back and forth a bit until CBS adjusts their claim to list a handful of specific episodes that establish identifiable elements which they say have been infringed.
Actually the 79 episodes they claim infringement on are the ones that came before the public domain ones, and there are some others that came afterwards which are not included in that part of the suit or the damages calculation (but are mentioned as part of establishing their ongoing copyright on the characters). Sorry if that wasn't clear in the post. Though frankly I'm sure they would have sued over the later episodes too if they thought they could get away with it.
And since everyone is explaining how the US is a torture state, I think we can go ahead and cast the net a little further:
Solitary confinement is considered torture by virtually all experts on the subject, and by the UN. The US holds an estimated minimum of 20,000 citizens in solitary confinement at any given time, and possibly as many as 80,000. No other modern free state comes even close.
The only bizarre thing would be claiming that the US is *not* a mass torture state.
Dude, nobody cares about your obsessive comparisons to criticisms of other candidates or past politicians.
I mean, if you really want to, go for it: do some sort of data mining study, count up all the words on Techdirt discussing each of these people, rank them on a scale of how critical they are, crunch the numbers and give us a report on precisely how hard we've been on every politician. We'll gladly look at it and say "hm, interesting" - then we'll get back to doing what we do, which is comment on important policy issues as they come up.
Other than that, get over it! Trump is gonna be president, and so we're going to spend a lot of time analyzing and criticizing him. That sort of comes with the territory. We're not going to add a footnote to every post saying "Clinton and Obama also suck" just to keep reminding you.
Re: Playboy, Kotaku Misreport On Nintendo Firing Employee
That writer says "citation needed" after the assertion that gamergate is a harassment campaign under the guise of being about ethics in games journalism - so he's either a naive fool, or a lying part of gamergate himself. Either way, not much credibility.