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this post was submitted on 05 Nov 2026
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With the exception (maybe) of the younger training doctors, though I imagine doctors gotta learn, everything described there is a definitional part of a medical drama set in an emergency room. I understand the court letting this move forward because there may be good reason to explore the more detailed similarities. But the ones they listed there... that is baseless.
You cannot copyright a real world setting or genre. The subject matter of emergency room medicine is not owned by Michael Crichton, Warner Brothers, or anyone. Would be like saying the creator of Honeymooners owns the rights to domestic abuse. ER's copyright encompasses its characters, and specific stories. Not the entire concept of an ER or triage medicine. It did not create any of those concepts. It also doesn't own the style of narrative, pacing, editing, cinematography, etc. used, either.
And the training doctors are an audience insert, so that characters can explain shit that would be obvious for anyone who is actually at home in the setting.
It's also shot in a totally different way that is obvious, even to people who don't understand tv production. If there had been no mention of ER, NOBODY would make the connection.
It sounds like they had this medical show with Noah Wylie, and someone had the bright idea of shortcutting the promotion by tying to a beloved old show he'd been in. There was really no connection, but if it could make the show get accepted faster, it would be worth it. So they float the idea, but move forward anyway, because the project doesn't rely on the ER connection.
Later, the Estate claims the ER connection was everything because of course they do.