Now that The Glass House has all but failed on ABC, CBS is ready to give up its fight in court alleging the show is a Big Brother ripoff.

CBS issued this statement today: “The viewers have spoken and delivered the ultimate form of justice against The Glass House. As a result, we filed in federal court this morning a voluntary dismissal without prejudice of our claims against ABC. The contract and trade secrets claims against former Big Brother producers for violating their confidentiality agreements will continue separately in arbitration. We reserve the right to re-file this claim against ABC/The Glass House, or any other entity, that goes to such shocking lengths to duplicate our copyright material.”

The ABC reality show, which relies on viewers to vote out contestants, has only averaged 2.9 million viewers this summer.

Earlier this summer, CBS sought to stop Glass House from premiering, arguing that “Glass House employs the same plot, themes, mood, setting, pace, characters, dialogue, sequence of events and other concrete elements making up Big Brother.” U.S. District Judge Gary Feess denied its request and agreed with ABC attorneys, who argued that many of the filming techniques employed on Glass House are not unique to Big Brother and are used in other reality TV shows. The eye still pressed ahead with its claim of copyright infringement.

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