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CBS/Paramount sues to stop Axanar

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Certainly anything he has is discoverable and I suspect that a conversation with the folks from Loeb has happened or soon will. But that only goes toward the causes of action in the lawsuit not toward any criminal activity.
Until (and if )someone from the CA Attorney General's office; or the Los Angeles DA's office takes a look - again, maybe after the trial, but still, it's a distinct possibility.
 
He did. You're right. I totally missed that.
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Can’t get paid if you crawl away like a little bitty bug, neither. I got a share in this job. Ten percent of nothing is—let me do the math here. Nothing into nothin’. Carry the nothin’…
--jayne Cobb
 
Mike Bawden is the worst PR representative I've encountered. And in my time as journalist, I've encountered plenty.

But its like a White House press conference. No matter who is in office, the job isn't to enlighten with just the facts, but to use up the audience's time on some sort of suggested reality. Mike suggests Alec is out of control and nothing happening in Axanar is knowable. In a vague general sense it is one possible explanation to use up your critical analysis energies, but it isn't the actual information. Questioner's energy deflected without outright misstatements, time consumed, impact prevented. PR at its finest.

He did. You're right. I totally missed that.
head-slap.gif

Where did you get Erin's picture?

Can’t get paid if you crawl away like a little bitty bug, neither. I got a share in this job. Ten percent of nothing is—let me do the math here. Nothing into nothin’. Carry the nothin’…
--jayne Cobb

Ok Alec, here's the deal for the list software and cleaned list. 100% of industry studios shares, divided up and handed out in substitution for the patches and other perks. Announced immediately, put in escrow, distributed within 30 days. Immediate spinoff of a nonprofit to make fan films, given full control of the escrowed moneys and assets. Nonprofit board of directors nominated from shareholders. All current and past Axanar staff excluded from elected offices, appointed offices/advisory committees and managerial positions of the nonprofit forever.
 
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Well, here's the thing. If they had done the studio as a totally separate deal from the Trek film, I for one would have much less problems with the whole mess. Of course, nobody is going to DONATE money so you can build a FOR-PROFIT studio. If only there was a way to do this. Oh, yeah! Find a venture capitalist or two and convince them to INVEST in the studio as part-owners. And with his years of business experience, I'm sure he could have made that happen (I'm being serious on this one). If he had gone that route, there's even a chance CBS would have left him alone once he got around to making the film.
 
Well, here's the thing. If they had done the studio as a totally separate deal from the Trek film, I for one would have much less problems with the whole mess. Of course, nobody is going to DONATE money so you can build a FOR-PROFIT studio. If only there was a way to do this. Oh, yeah! Find a venture capitalist or two and convince them to INVEST in the studio as part-owners. And with his years of business experience, I'm sure he could have made that happen (I'm being serious on this one). If he had gone that route, there's even a chance CBS would have left him alone once he got around to making the film.

Absolutely.

But why seek investors who get control over you and a big chunk of the profits, when through crowdfunding you can create investors who have no control over you or share of the profits at all?

I mean, c'mon, the fans envision a society beyond money and beyond being controlled by having to work for necessities, right? What could better express their vision? :cool:
 
So last year my old pals at the Federal Trade Commission realized people might use crowdfunding to try and scam people. I came across this case from June 2015 involving a guy who raised over $122,000 to produce a board game that was basically a parody of Monopoly. Here's a snippet from the FTC's press release:

According to the FTC’s complaint, Erik Chevalier, also doing business as The Forking Path Co., sought money from consumers to produce a board game called The Doom That Came to Atlantic City that had been created by two prominent board game artists.
[...]
Chevalier represented in his Doom campaign on Kickstarter.com that if he raised $35,000, backers would get certain rewards, such as a copy of the game or specially designed pewter game figurines. He raised more than $122,000 from 1,246 backers, most of whom pledged $75 or more in the hopes of getting the highly prized figurines. He represented in a number of updates that he was making progress on the game. But after 14 months, Chevalier announced that he was cancelling the project and refunding his backers’ money.

Despite Chevalier’s promises he did not provide the rewards, nor did he provide refunds to his backers. In fact, according to the FTC’s complaint, Chevalier spent most of the money on unrelated personal expenses such as rent, moving himself to Oregon, personal equipment, and licenses for a different project.

One thing I found interesting about the FTC's order was they expressly barred Chevalier from "disclosing, using, or benefitting from customer information" obtained through the Kickstarter. In fact, he was ordered to destroy his crowdfunding list.

This appears to be the first case of the FTC directly targeting a crowdfunding scam. It's clearly an area they want to get more involved with. I suspect if someone were to present them with information about the Axanar case they would be VERY interested.

Oh, and as a postscript, apparently some other company acquired the rights to the board game and actually fulfilled all of the Kickstarter orders. Somehow I doubt the Axanar donors will receive the same consideration.
 
This appears to be the first case of the FTC directly targeting a crowdfunding scam. It's clearly an area they want to get more involved with. I suspect if someone were to present them with information about the Axanar case they would be VERY interested.

We're here from the government and we are VERY interested in you...

ea_tng25_qjudge.jpeg
 
Can’t get paid if you crawl away like a little bitty bug, neither. I got a share in this job. Ten percent of nothing is—let me do the math here. Nothing into nothin’. Carry the nothin’…
--jayne Cobb
heyyyy ---- I get that reference
:beer:
 
So last year my old pals at the Federal Trade Commission realized people might use crowdfunding to try and scam people. I came across this case from June 2015 involving a guy who raised over $122,000 to produce a board game that was basically a parody of Monopoly. Here's a snippet from the FTC's press release:



One thing I found interesting about the FTC's order was they expressly barred Chevalier from "disclosing, using, or benefitting from customer information" obtained through the Kickstarter. In fact, he was ordered to destroy his crowdfunding list.

This appears to be the first case of the FTC directly targeting a crowdfunding scam. It's clearly an area they want to get more involved with. I suspect if someone were to present them with information about the Axanar case they would be VERY interested.

Oh, and as a postscript, apparently some other company acquired the rights to the board game and actually fulfilled all of the Kickstarter orders. Somehow I doubt the Axanar donors will receive the same consideration.
I get the feeling we are going to see massive regulation re crowdfunding. It's just far too easy to exploit, and the people who provide the cash have virtually no protections.
 
I get the feeling we are going to see massive regulation re crowdfunding. It's just far too easy to exploit, and the people who provide the cash have virtually no protections.
One can only hope... at the very least the large corporations are going to start leaning on their favorite Senators to get some IP protection regulation on those websites, although I imagine that conversation doesn't go well with cocktails and a steak dinner.
 
One can only hope... at the very least the large corporations are going to start leaning on their favorite Senators to get some IP protection regulation on those websites, although I imagine that conversation doesn't go well with cocktails and a steak dinner.

Technically both KS and Indiegogo state in some fashion in their TOS that their sites CAN'T be used to fund projects for projects the starter doesn't have the rights/permission/ a license for and they state they will enforce that policy if they find a project in violation; but NEITHER site does. I recall someone DID report Axanr to Indiegogo and all they received was a boilerplate reply that Indiegogo would investigate; but until the actual lawsuit was filed, they did nothing.

I also have a feeling that, until there's a truly major Crowdfunding scam; or a massive lawsuit directly against Kickstarter, Indiegogo or another high profile Crowdfunding company that nets a massive judgement, lawmakers won't do much.
 
Technically both KS and Indiegogo state in some fashion in their TOS that their sites CAN'T be used to fund projects for projects the starter doesn't have the rights/permission/ a license for and they state they will enforce that policy if they find a project in violation; but NEITHER site does. I recall someone DID report Axanr to Indiegogo and all they received was a boilerplate reply that Indiegogo would investigate; but until the actual lawsuit was filed, they did nothing.

I also have a feeling that, until there's a truly major Crowdfunding scam; or a massive lawsuit directly against Kickstarter, Indiegogo or another high profile Crowdfunding company that nets a massive judgement, lawmakers won't do much.

I wonder if CBS and Paramount turning around and suing Kickstarter as well, for making money off unliscensced IP, would get them to enforce their own policies.

Maybe what they find from discovery will be used.
 
I wonder if CBS and Paramount turning around and suing Kickstarter as well, for making money off unliscensced IP, would get them to enforce their own policies.

Maybe what they find from discovery will be used.
I think they may have a better case against Indigogo, as my understanding is that Indigogo pursued Axanar's business, so they'd have a harder time playing the "we have so many fundraising campaigns going we missed the specifics of this one" card.
 
I think they may have a better case against Indigogo, as my understanding is that Indigogo pursued Axanar's business, so they'd have a harder time playing the "we have so many fundraising campaigns going we missed the specifics of this one" card.
Indeed, Indiegogo's hands are all over this, so they can't use the DCMA's "safe harbor" provision to escape responsibility for unlicensed IP being used to raise money on their platform.
 

Not sure what he's trying to get at with that mention of 'The Axanar Precedent' (it sure isn't anything to be proud of.......), hopefully his use of that Rihanna track though is an allusion to him seeing the light as Terry did..........
 
Funny how he fails to mention that for the PAST 15 YEARS the vast majority of that same fiercely loyal industrious made MANY a feature length fan film and many TV length episodes via crowd funding (for the last 10); and NONE tried to profiteer or make obtain 'for profit' business capitol and in the end - NOT PRODUCE A $%^& thing other than 5 minutes worth of teasers TWO YEARS after raising 1.3 million.

(Oh, and don't forget that the Axanar productions group says "Well 1.3 million STILL isn't enough to do anything..." Really? Not to mention that in two years, despite having a full time person with part time help, they STILL haven't delivered the promised Perks for a pledge donor base of 10,000. You'd think in two years and with 1.3 million supposedly in Escrow - they could get SOMETHING in the mail.)
 
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Funny how he fails to mention that for the PAST 15 YEARS the vast majority of that same fiercely loyal industrious made MANY a feature length fan film and many TV length episodes via crowd funding (for the last 10); and NONE tried to profiteer or make obtain 'for profit' business capitol and in the end - NOT PRODUCE A $%^& thing other than 5 minutes worth of teasers TWO YEARS after raising 1.3 million.

(Oh, and don't forget that the Axanar productions group says "Well 1.3 million STILL isn't enough to do anything, really. Not to mention that in two years, despite having a full time person with part time help, they STILL haven't delivered the promised Perks for a pledge donor base of 10,000. You'd think in two years and with 1.3 million supposedly in Escrow - they could get SOMETHING in the mail.)
A dog don't smell their own stink.
 
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