UPDATE 12:15 AM – As expected, CBS filed an application tonight for a temporary restraining order to “cease production of, and refrain from broadcasting, the show Glass House until the trial of this matter…” The 37-page document also adds that “if the Court is not willing to order Defendants to cease production of Glass House at this time, CBS respectfully requests that, at a minimum, the Court order Defendants to produce the first taped episode of Glass House by June 15, 2012 to allow CBS’s counsel to evaluate its contents, and to allow the parties to address it in any further briefing regarding CBS’s request for a preliminary injunction.” Glass House, which CBS contends is a rip-off of its Big Brother reality series, is set to debut on June 18, 2012.
UPDATE 8 PM: ABC has issued a statement slamming CBS‘ latest attempt to stop ABC’s new reality series Glass House.
This is a naked attempt by CBS to stifle competition and creativity by claiming that reality techniques that have been developed over many years, on many shows by countless producers, are somehow exclusive to CBS.
PREVIOUS: CBS’ outside counsel tonight will file for a temporary restraining order against ABC in an effort to prevent ABC from premiering the Big Brother-like new reality series Glass House on June 18. The filing will be made electronically at midnight with US District Court judge Gary Allen Feess. The move was expected as the discovery phase in CBS’ lawsuit against Disney and ABC over Glass House has been moving slowly, and a federal judge not expected to make a ruling in the case before June 15 at the earliest. That is the Friday before the Monday, June 18 scheduled debut of Glass House.
We’ve learned that the TRO request is based primarily on the deposition for former Big Brother producer Kenny Rosen, now executive producer/showrunner of Glass House. In a deposition with CBS lawyers last Sunday, he admitted to taking a copy of the Big Brother Guest Manual and having it typed up separately as part of a Glass House manual. Given that the manual is considered a proprietary document and viewed as highly confidential by CBS, the network lawyers will argue that that is a clear violation of the non-disclosure agreement Rosen signed when at Big Brother. Rosen also admitted about two-thirds through his depo that he “consulted” the Big Brother Master Control schedule in an effort to partially figure out how many people he would have to hire for the production of Glass House. Rosen’s attorney Devin McRae shut down the line of questioning at that point, claiming attorney/client privilege. But Rosen also allegedly revealed that even more former Big Brother staffers being employed by Glass House than previously known. He put the number at 25-30, half of the ABC series’ staff. He also acknowledged that development of Glass House at ABC started around the time former Big Brother producer Corie Henson joined the network as an executive in the unscripted department. Additionally, Rosen admitted to deleting Glass House-related emails after CBS had filed its lawsuit over the show.



The two shows may be very similar, but so is every talent competition and every crime drama.
It’s all about access (admitted) and use of (also admitted) confidential, proprietary information.
A couple of things about the BB franchise. The first season had elements that are seen in the ABC show elements. The way I understand it, Endemol allowed CBS to adapt the show to its current format, but the base format is what defines Big Brother, and CBS had borrowed elements (legally) from other versions aired elsewhere of Big Brother, and vice versa.
I suspect part of the issue can end up being not just that the elements that appear similar to the CBS format, but any of the licensed formats of Big Brother aired elsewhere.
But the Rosen deposition is sheer dynamite. I think CBS has a good shot now of “breaking the glass.”
Pathetic. Desilu should have blocked every sitcom that came after “I Love Lucy” for copyright infringement, trade-secret misappropriation, and unfair competition.
I’m just amazed that ABC is fighting tooth and nail over this with CBS. This is clearly a copycat with like 16 big brother staff behind it — they couldn’t have come up with something more original????
What do they gain by filing at midnight? Can’t they file it in the morning? Is there some tactical advantage to filing electronically at the stroke of midnight? The judge Feess will be the problem he’s a dim bulb a moron and he always gets these cases and he never seems to understand what they are about he’s incompetent and should be replaced.
Disney/ABC must think they could win this thing, they don’t usually do this, even though CBS is much smaller, but then again ABC did win in 2002 against CBS.
So which is it, lawyers? Is CBS trying to “stifle creativity” or should they just go away because “countless producers” have done the same thing before?
I really hope CBS wins this. It’s not that I don’t think other networks can’t have their own show. It needs to be different. Look at American Idol. Since it’s debut we have now multiple singing competitions everywhere. The difference is that all these singing competition has a different format. They don’t copy exactly the same format as American Idol or each other.
Glass House could still be on TV if only the people at ABC were smart enough to promote the show with something that is different from Big Brother.
Also, how suspicious is it that 20 or more ex-CBS employees that worked on BB is now at ABC. There is something totally wrong with how ABC has handled this one show.
This is just ridiculous. How much money is CBS willing to spend on this lawsuit? And it isn’t like “The Glass House” is going to provide a realm of competition to CBS’s procedural reruns…
every reality show borrows from every other reality show. this is not news to cbs. i just did a show for cbs where every element was borrowed and done before.
i dont know who the production company for glass house is but ive seen many production companies use their techniques or ideas from their hit shows on shows for other networks. networks are buying into these production companies because of their past experience. then in turn the production companies hire their freelance producers and crew solely off their previous credits (never mind whether these people are good or not, most of the time they aren’t, they just know the formula and logistics of the desired credited show and thats what the prod cos want). they are buying into the producers and crews experience from their past show. it’s the cycle of the business!!
i see documents used from other shows used as templates on new shows all the time. and ive seen “when i worked on such and such show, we did it this way” and heard responses from top level people such as “great, we should embrace that and do it that way” or “okay let’s steer clear of that”. every day!
these networks play it way too safe and these lawsuits are going to occur more frequently as hits become harder to come by.
The problem is they poached staff from Big Brother, it’s not just people who hadn’t worked there in years.
I don’t really know why this is such a big thing. It’s not like there’s been a true original thought rolling out of Hollywood in the last 10 years or so.
Everything is a remake, reboot, whatever.
Anyone can come up with an idea for a lame reality show, but how about hiring someone who can think up a good drama/comedy/action series?
Don’t worry CBS, us BB fans are loyal to you and wont be watching this so called “Glass House.” You can’t beat BB!
Like CBS’s crappy The Talk isn’t a rip off of ABC’s The View. Get over it CBS and move on already!!
EXACTLY!!!