CBS/Paramount sues to stop Axanar

Discussion in 'Fan Productions' started by Richard Baker, Dec 30, 2015.

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  1. RedForman

    RedForman Fleet Captain Fleet Captain

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    He's just trying to control the narrative now that he and his sycophants are apparently done spamming the Kickstarter comments. The delusion is strong with that one.
     
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  2. Jedi_Master

    Jedi_Master Admiral Admiral

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    Nobody loves me, everybody hates me, I guess I'm gonna have to eat sushi...
     
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  3. Tom

    Tom Vice Admiral Admiral

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    Alec, you got caught with your hands in the cookie jar and now your paying it back. Had you not got caught, you would not be paying that money back. How stupid do you think we are? Self imposed restitution does not alter the fact that spend money that was not yours. Your a fucking thief and you got caught, nothing more to it. Many of these donors believed in you and gave you there a hard earned money.
     
  4. oswriter

    oswriter Captain Captain

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    This might be a good time to mention 17 U.S.C. § 506, which makes "willfully infringing" a copyright a crime--punishable by up to five years in prison--if said infringement was "for purposes of commercial advantage or private financial gain." And while I'd have to check with the Justice Department, I'm fairly certain, "But I'm Star Trek's biggest fan!" is not a viable criminal defense under this statute.

    And while I'm thinking out loud here, I'd also direct everyone's attention to 18 U.S.C. § 1962, which is popularly known as the RICO statute. This happy little fellow makes it a crime to use any income "derived, directly or indirectly, from a pattern of racketeering activity" to establish or operate a business. And yes, criminal copyright infringement is expressly defined as a "racketeering activity." And the maximum penalty for racketeering is 20 years in prison plus forfeiture of all ill-gotten gains.
     
  5. RedForman

    RedForman Fleet Captain Fleet Captain

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    Hopefully the folks at L&L or perhaps the DOJ are keeping this in mind.
     
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  6. muCephi

    muCephi Commodore Commodore

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    Is it also a crime to divert financial assets of your corporation to yourself as payroll and expenses generating tax deductions which you keep, [hypothetically] pay no personal income taxes because of how you structured it, and then put the money back the next year, whereby the cycle could be continued indefinitely? When you openly declare that in retrospect it was *never* intended as payroll or expenses?

    Haven't you just manipulated the payroll and business expense tax systems to give yourself a negative-interest loan paid for by the govt?

    And isn't the situation aggravated and amplified by wiring several people into the loop, not just yourself?

    As I see it, the only way Alec could get out of this would be to admit that yes, the original payments *were* intended as payroll and expenses, and that his "putting back" of money was a voluntary unrelated act. Is he really going to try to go so far as tell the IRS the deductions were taken by mistake? He said its all squared away except for "some entries in the taxes". Is he really going to try to sell the IRS on the idea that it was not intentional?

    So if he denies it was pay and expenses, potential crime. If he admits it, caught with hand in cookie jar.

    Guess its his choice.
     
    Last edited: Nov 22, 2016
  7. RedForman

    RedForman Fleet Captain Fleet Captain

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    Someone got owned.........

    [​IMG]
     
  8. Jedi_Master

    Jedi_Master Admiral Admiral

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    So you are saying that it is possible that the NIGHTMARE SCENARIO isn't that "the film that thousands (or tens of thousands) of people want to see doesn't get made?"

    How lovely. :)
     
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  9. feek61

    feek61 Fleet Captain Fleet Captain

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    I find it interesting that the "the most transparent fan-film" has to redact the financial information so the donors won't see where the money went; they can only see Alec's doctored accounting (pre-court documents). Not really so transparent.
     
  10. oswriter

    oswriter Captain Captain

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    On last Sunday's G&T Show someone--I think it was @jespah--compared LFIM to Frank Abignale, Jr., the famous con artist who was the subject of the Steven Spielberg film Catch Me If You Can. Personally, I think LFIM is more like Kevin Trudeau, the FTC's longtime arch-nemesis who is now serving a 10-year federal prison sentence.

    For those unfamiliar with the story, Trudeau spent years producing and appearing in infomercials designed to sell bogus cures to people on subjects ranging from curing cancer to getting out of debt. He was the subject of numerous FTC orders, which he largely disregarded, claiming he was the victim of a government conspiracy to silence him and his followers. Here's just one highlight of Trudeau's shenanigans, according to a 2010 opinion from the Seventh Circuit in Chicago:
    Trudeau actually beat the contempt conviction in that case, but he was quickly cited again for failing to obey a 2004 FTC settlement, which led to his present incarceration. The Seventh Circuit upheld that conviction earlier this year.

    Incidentally, Trudeau's lawyers are Winston & Strawn. Sound familiar?
     
  11. OtherGene

    OtherGene Fleet Captain Fleet Captain

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    Holey buckets, Alec will be apoplectic when he finds out. He strikes me as someone not used to being told "no". Kickstarter, what a bunch of #haters, eh?
     
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  12. Jedi_Master

    Jedi_Master Admiral Admiral

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    I am very familiar with Kevin Trudeau - having had to rescue a few family members from his scams and schemes - but I had no idea he was represented by W&S.

    How interesting....
     
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  13. muCephi

    muCephi Commodore Commodore

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    Lord Garth could plead temporary insanity, compelled to skirt the law by his love of Trek and mission to rescue it for the fans.

    You know, original costumes may have more mojo than expected.
     
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  14. Potemkin_Prod

    Potemkin_Prod Commodore Commodore

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    Why us everyone taking Alec at his word that he paid anything back? Again, show us the cancelled checks and/or the bank statements.
     
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  15. jespah

    jespah Taller than a Hobbit Moderator

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    I mainly mentioned Abignale due to the Netflix wackiness. Agreed on Trudeau; he's like the evil version of Billy Mays.

    -- we also talked about this fun stuff on Semantic Shenanigans. Blog post and YT video will be up after the holiday because we are both swamped. But yeah, the main thing about the current W & S s/j filing is, those lovely unredacted documents? They have had over 3 full business days to try to petition the court to close the barn door. They have not done so.

    Hence that is telling me that they don't want to. Mr. Lane can call for sanctions all he likes as can any of them, but it's Ranahan and Oki and the defense team who left 100% unredacted information out there. Which is under penalty of perjury, of course.

    It is plaintiffs' responses to interrogatories and, while these aren't AP's actual statements (they are clearly paraphrased) and they (plaintiffs) of course are going to cherry pick what they will put into their interrogatory answers, those answers are still based upon sworn documents and testimony, subject to perjury rules and standards, by the defense.

    No matter who anyone wants to believe, and no matter who 'hates' whom, the statements in this case from the defense have changed, and those statements very often pose perfect and direct contradictions to themselves.

    Statements from the defense have not been as constant and unyielding as steel or diamond. They have been as slippery as sushi.
     
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  16. drt

    drt Commodore Commodore

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    I'm guessing Peters is going to find it difficult to ever raise money on Kickstarter or Indigogo ever again.
     
    Last edited: Nov 22, 2016
  17. muCephi

    muCephi Commodore Commodore

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    It just makes it worse for him if you give him credit and there is a lie that comes out later. I'm fine entertaining something like 150k donation or 400k studio buyout claims (as hypotheticals, whether or not I believe it), and don't want to get in his way if he wants to walk out into the air past the cliff edge. Give him credit, then demand he prove it.
     
    Last edited: Nov 22, 2016
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  18. RedForman

    RedForman Fleet Captain Fleet Captain

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    Scumbags, the whole lot of em

    [​IMG]
     
  19. muCephi

    muCephi Commodore Commodore

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    What are the chances they are fed up and want to force a settlement out of Axanar?
     
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  20. RedForman

    RedForman Fleet Captain Fleet Captain

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