ABC Wins Immunity from "Survivor"

The tribe--or in this case a federal judge--has spoken and the Survivor legal team has been voted off the island.

ABC got the go-ahead to broadcast its reality series I'm a Celebrity...Get Me Out of Here! after U.S. District Judge Loretta Preska ruled Monday that the show was no clone of CBS' Survivor.

CBS had sued ABC in federal court in New York last November to stop the alleged copycat show from airing. The Eye also sought a substantial payout.

Treading the blurry line between creative inspiration and stealing (known in the music biz as "sampling"), the judge diplomatically defined network programming as "a continual evolutionary process involving borrowing frequently from what has gone before."

Ultimately, the two survival series' formats had about as much in common as previous shows with similar concepts, decreed the judge, like The Honeymooners and I Love Lucy or Bewitched and I Dream of Jeannie.

Those similarities weren't enough to can ABC's C-list celebrity show. "Both shows combine well known and frequently used elements of earlier works," said Preska. "Each series also includes well-known elements not in the other."

Blocking the ABC series would "stifle innovation and stifle the creative process," said the judge. (Right. Never mind that the series is actually a British import.)

Preska also found that CBS' series had a much more polished look than ABC's low-budget affair.

And the judge didn't buy CBS' claims that they had to put their own celebrity series on hold while the legal battle played out. (Lawyers argued their cases last week and again on Monday before the judge issued her ruling.)

The Walt Disney Company, which owns ABC, applauded the immunity idol they'd been handed. "We're delighted with the court's decision, which we believe is entirely correct, and look forward to giving the American public a chance to see this fresh new reality show," said spokesman John Spelich.

CBS, meantime, took some comfort in trashing ABC's efforts in its statement: "The judge ruled that due to its quality and tone, the ABC program is substantially different than Survivor. We respect the ruling and are now studying our options."

The ABC show, which will now air for 15 consecutive evenings during February sweeps, strands eight washed-up celebrities in a remote location (which sounds suspiciously like ABC's other series Celebrity Mole: Hawaii without the deluxe resort accommodations) and makes them compete in grueling challenges.

The normally pampered participants battle each other for better rations and the chance to win money for a charity of their choice (the catch-all celebrity rationale for embarrassing behavior). The winner will be chosen via an American Idol-esque phone poll.

Survivor, now in its sixth season, pits 16 castaways against each other in a remote location and makes them compete in grueling challenges. The adventurous exiles must brave each other, the elements and Jeff Probst's shtick for the chance to win $1 million as voted on by the ousted tribe members. Charitable donations optional.

In related news, CBS announced its new lineup of 16 castaways for Survivor: Amazon yesterday, which include the show's first deaf contestant.

As news of ABC's victory spread, the net announced the names of the semi-famous faces shipping out to the Australian jungle where its "fresh, all new series" (per a network press release) will play out.

The star cast includes model Tyson Beckford, former MTV veejay "Downtown" Julie Brown, Olympic champ Bruce Jenner, Lifestyles of the Rich and Famous alum Robin Leach, E!'s own fashion critic Melissa Rivers, actress Alana Stewart (who has the dubious distinction of being an ex to both Rod Stewart and George Hamilton) and Howard Stern whipping boy Stuttering John. An eighth contestant will be named at a later date. Comedian John Lehr will host.