I strongly doubt that they actually could protect the "Sherlock" TV show based only on the fact that its a modern take. I think it would need to have many more similarities than that. As you say, the idea to set a classic story in the modern day is very common, and certain things naturally extend from that idea (for example "people have mobile phones" is just a natural part of the modern setting) - you couldnt just own those parts. Where you would start having a case is I think more in specific things likeLunncal said:Making modern versions of classic books isn't exactly a revolutionary thought, and I'd be extremely surprised if there wasn't a whole host of modern takes on Sherlock out there.
"a clue left by a victim turns out to be a password for a mobile phone".
The point of the court case is to figure out where to draw the line as to what counts as being specific enough to be an original idea and a new invention to the story.
Its a bit of a chicken & egg problem... Would that person have had the idea to make a better modern show if the original modern show hadnt existed? I mean, in the case of Sherlock the stories have been around for decades... CBS hadnt wanted to make a modern sherlock holmes before now, why the sudden interest? Or, if the original modern show hadnt done the work to get people interested, would the new one have actually managed to be more successful? It needs to be figured out whether the new competitor is actually creating their own customers, or if theyre just stealing the customers the first guy spent their time and money creating.If someone out there can make a better modern day Sherlock Holmes than you can (doubtful in this case, as I hear the show is really good), then why shouldn't they be able to do it? That's what capitalism is all about, yet copyright laws make it illegal to compete with the first product in that specific area.
The other part of the idea of IP laws is that they are intended to create an incentive to take risks and make new things. Like the chicken & egg problem I mentioned above: Its much easier to come into an existing market than it is to develop something from scratch. Without IP laws to say "you have some exclusive rights to ensure you profit from your hard work", a lot more people would want to just sit and wait for someone else to do it first and then copy them, because theres no benefit to being the first. IP is supposed to reward people for creating new things, so that we end up with more new & unique things being made.