CBS/Paramount sues to stop Axanar

[muCephi]

So he "cut a deal" with the studios?

He tried to build himself an empire of scifi productions on the back of donors and lost it all in an ego-driven defiance of the law. He tried to ingratiate himself into the Star Trek professional circuit and earned himself presumably a permanent, if perhaps unstated ban (and nickname). He provoked the public disclosure of his profligate waste, managerial incompetence, self indulgence and contempt for the spirit of fan films. He spent all the money keeping his donor-bought personally-owned studio afloat, and never delivered the film promised. He forced the creation of restrictive guidelines. He disrupted the 50th for many people. And in the end, he has to deliver on promises made on $1.4 million from multiple fundraisers, using the 15 minute format and only private money.

Yet it is a "win" for the fans and for Axanar Productions.

They can't claim they "won" over the copyright violation charges, because they have to admit they not only did that like all fan films, but also "overreached".

I suppose the reasoning that they "won" will be they will be motivated to make something good in order to vindicate their Trek fan and professional reputations, and the future will see that product, while ignoring the abuses, thus "proving" their virtue all along. Maybe. I think it a bit more likely that not all the permitted actors will want to come back, and it will still be mediocre, since it will still probably be managed the same way and still feature Gary Stu Garth and pewpew. But we will see. They could make it as a few "choice segments" of what "could have been done" and try to sell even more sizzle.

 

[jespah]

Blog post will be up in about an hour and 45 minutes or so (I want to look at it again to be sure it makes logical sense). Per an Ars Technica article, defense did not pay damages.

And when this one is finally completely put to bed, there's still the Seuss case and plenty of other shenanigans.

 

[Philip Guyott]

The following is Peters' full email message to donors.


-------------------------------------------------------------------------------------------------------------------


AXANAR Productions has settled its lawsuit with CBS and Paramount.
Here are some donor-exclusive details.

Dear Donors:

You have stood by us for over a year and today I'm pleased to announce that Axanar Productions has settled its lawsuit with CBS Studios and Paramount Pictures Corporation.

Since the beginning of the lawsuit, over a year ago, we have expressed our desire to address the concerns of the studios, and our willingness to make necessary changes, as long as we could reasonably meet our commitments to Axanar's over 14,000 donors, fans and supporters. We are now able to do exactly that.

According to the terms of our agreement with CBS and Paramount, we are able to share a little more detail with you than the general public. So, here are the highlights of the deal struck with CBS and Paramount (or, at least as much as we can tell you) ...

• Our settlement was finalized late last night and early this morning; we are letting you know as soon as possible so you hear from us first. There are several things we can not disclose to the general public, although we've been given the okay to share some of them with you.
  
  
• Axanar Productions can continue to distribute PRELUDE TO AXANAR on YouTube and at film festivals and conventions - but not at official Star Trek events or conventions. All exhibitions of PRELUDE TO AXANAR must be non-commercial.
  
  
• Axanar Productions can produce the story of AXANAR, but not as a full-length, motion picture feature. Instead, we are limited (as all fan films are now under the Fan Film Guidelines) to two, fifteen-minute segments that can be distributed on Youtube, etc. We also have to stick to the guidelines regarding the use of the name "Star Trek" in the title of the project, the use of an approved disclaimer, etc.
  
  
• The two segments may use the services of Richard Hatch, Gary Graham, Kate Vernon and J.G. Hertzler but no other actors who have appeared in professional Star Trek productions. There are also strict guidelines put in place concerning the compensation for the production team (as in none) with regard to their work on the permitted segments.
  
  
• Axanar Productions will not publicly fundraise for the production of these segments - that means no more Indiegogo or Kickstarter campaigns to support the production of the Axanar story - although private donations may be accepted. That may slow things down a bit, but we're developing options that fall within the conditions of our settlement with CBS and Paramount and promise to keep you informed when we're ready to go.
  
  
• And finally, all of Axanar Productions' future Star Trek fan film productions need to adhere to the "Guidelines for Fan Films" that were issued last June.

Also, according to the terms of the settlement agreement, there are still some legal details that require our immediate attention over the next sixty days. These aren't major issues, but they are the first things we have to check off our list so we can get back into the business of making AXANAR. Once these issues are resolved, we will begin adapting the script to the new format and begin the entire pre-production process once again from scratch to match the new format.

All in all, we have a lot on our plate. And we're happy to be back at the table!

Throughout this process, we will continue communicating with our fans and backers to ensure they are informed and involved until we reach completion of the production.

As you know, Axanar Productions was created by lifelong Star Trek fans to celebrate our love for Star Trek. Without your support, we wouldn't be able to do what we've done so far or realize our dreams for the future.

Together, we can work together to make our vision of Star Trek a dynamic reality. Thanks so much for your confidence and support.

Live Long and Prosper,

Alec Peters

According to the terms of our agreement with CBS and Paramount, we are able to share a little more detail with you than the general public

There are several things we can not disclose to the general public, although we've been given the okay to share some of them with you.

Do these people not understand how the internet works?

The two segments may use the services of Richard Hatch, Gary Graham, Kate Vernon and J.G. Hertzler but no other actors who have appeared in professional Star Trek productions.

Why should Axanar be given preferential treatment over other fan productions?

Axanar Productions will not publicly fundraise for the production of these segments - that means no more Indiegogo or Kickstarter campaigns to support the production of the Axanar story - although private donations may be accepted.

Question: How much more money do they actually need for two fifteen minute fan productions?

 

[BillJ]

Is the Donor Store still open?

 

[carlosp]

The next big question: Will Erin Ranahan offer pro bono services to defend Alec Peters in the class-action and/or criminal fraud cases that are bound to happen??

Hah. Don't count on it. She's gettin' out while the getting's good.

 

[carlosp]

This puts him in a pickle with the donors even more. Also, correct me if I'm wrong, if he does remove Star Trek he will have to give up the name Axanar. That may actually be for the best since 'Axanar' is tied to to much bad press.

Under the guidelines they would indeed be allowed to keep Axanar as the title. The guidelines only restrict the use of the term "Star Trek."

 

[Noname Given]

The following is Peters' full email message to donors.


-------------------------------------------------------------------------------------------------------------------


AXANAR Productions has settled its lawsuit with CBS and Paramount.
Here are some donor-exclusive details.

Dear Donors:

You have stood by us for over a year and today I'm pleased to announce that Axanar Productions has settled its lawsuit with CBS Studios and Paramount Pictures Corporation.

Since the beginning of the lawsuit, over a year ago, we have expressed our desire to address the concerns of the studios, and our willingness to make necessary changes, as long as we could reasonably meet our commitments to Axanar's over 14,000 donors, fans and supporters. We are now able to do exactly that.

According to the terms of our agreement with CBS and Paramount, we are able to share a little more detail with you than the general public. So, here are the highlights of the deal struck with CBS and Paramount (or, at least as much as we can tell you) ...

• Our settlement was finalized late last night and early this morning; we are letting you know as soon as possible so you hear from us first. There are several things we can not disclose to the general public, although we've been given the okay to share some of them with you.
  
  
• Axanar Productions can continue to distribute PRELUDE TO AXANAR on YouTube and at film festivals and conventions - but not at official Star Trek events or conventions. All exhibitions of PRELUDE TO AXANAR must be non-commercial.
  
  
• Axanar Productions can produce the story of AXANAR, but not as a full-length, motion picture feature. Instead, we are limited (as all fan films are now under the Fan Film Guidelines) to two, fifteen-minute segments that can be distributed on Youtube, etc. We also have to stick to the guidelines regarding the use of the name "Star Trek" in the title of the project, the use of an approved disclaimer, etc.
  
  
• The two segments may use the services of Richard Hatch, Gary Graham, Kate Vernon and J.G. Hertzler but no other actors who have appeared in professional Star Trek productions. There are also strict guidelines put in place concerning the compensation for the production team (as in none) with regard to their work on the permitted segments.
  
  
• Axanar Productions will not publicly fundraise for the production of these segments - that means no more Indiegogo or Kickstarter campaigns to support the production of the Axanar story - although private donations may be accepted. That may slow things down a bit, but we're developing options that fall within the conditions of our settlement with CBS and Paramount and promise to keep you informed when we're ready to go.
  
  
• And finally, all of Axanar Productions' future Star Trek fan film productions need to adhere to the "Guidelines for Fan Films" that were issued last June.

Also, according to the terms of the settlement agreement, there are still some legal details that require our immediate attention over the next sixty days. These aren't major issues, but they are the first things we have to check off our list so we can get back into the business of making AXANAR. Once these issues are resolved, we will begin adapting the script to the new format and begin the entire pre-production process once again from scratch to match the new format.

All in all, we have a lot on our plate. And we're happy to be back at the table!

Throughout this process, we will continue communicating with our fans and backers to ensure they are informed and involved until we reach completion of the production.

As you know, Axanar Productions was created by lifelong Star Trek fans to celebrate our love for Star Trek. Without your support, we wouldn't be able to do what we've done so far or realize our dreams for the future.

Together, we can work together to make our vision of Star Trek a dynamic reality. Thanks so much for your confidence and support.

Live Long and Prosper,

Alec Peters

Man he didn't even thank KS or Indegogo donors for the 1.4 million, or his startup - Industry Studios' that he got it seems now free and clear. (Unless there is a 'fine' component to the settlement that they can't talk about - which is always possible.)

But yeah (and basing this reply on some assumptions), I wish I could get 1.4 million dollars (and free carpeting) for basically TALKING about something (A\xanar) that I really didn't do much to further production as the money came in - then use that money to finance my for profit startup studio; then when sued get Pro Bono legal representation, and use the rest of the 1.4 million to pay for rent/refurbishment of the studio, and pay legal and other filing fees related to the lawsuit.

Yep you gotta love our Civil justice system. (and yeah, I work for a court too.)

Hah. Don't count on it. She's gettin' out while the getting's good.

^^^
yeah, that's my take. Once all the I's are dotted and T's crossed on the settlement and Judge Klausner accepts and certifies the settlement; I'm sure W&S and Erin Ranahan are hell and gone from/done with Alec Peters and Axanar Productions.

[It would be interesting if she was pulled into a Partners meeting about the whole thing too. I doubt W&S can really spin this as a: "We really brought CBS/Paramount to their knees and got a great settlement for out client..." situation; and most Firms at least want something they can really crow about after something major is taken Pro Bono.)

 

[cultcross]

Not that i can imagine it from such an upstanding citizen, but let's imagine, if we can, that Lord Peters of Axanar doesn't stick to the fan film guidelines after all. What recourse do CBS have? Sue again? Or can they sort of pick up where they left off because the agreement was broken?

 

[muCephi]

The future of the studio will probably be futile, since the landlord can just keep the facility in another year or so, and the "studio" has no real professional staff or name recognition/customers to buy out either. Maybe some advertising or other work can be sent to it, but really, if its not gonna be subsidized by donor money anymore and its managed by the track record it has, why?

 

[muCephi]

Not that i can imagine it from such an upstanding citizen, but let's imagine, if we can, that Lord Peters of Axanar doesn't stick to the fan film guidelines after all. What recourse do CBS have? Sue again? Or can they sort of pick up where they left off because the agreement was broken?

Looks like it depends on how the settlement is written.

"Not surprisingly, situations arise where a party fails to abide by its obligations as set forth in the settlement agreement. The non-breaching party is typically faced with two choices: 1) initiate a civil cause of action in connection with the breach (often a time-consuming and expensive process), or 2) seek intervention by the court that had jurisdiction over the original dispute. In order to avail oneself of the latter option, however, the parties must engage in pre-settlement planning and purposeful drafting, and include a provision in the settlement agreement that the court will retain jurisdiction over any disputes that arise regarding the settlement agreement. Where the court of original jurisdiction is a federal court, the parties may be able to consent to such a court retaining jurisdiction, at least for a reasonable time period." http://www.mondaq.com/unitedstates/...Is+Breaching+The+Settlement+AgreementNow+What

 

[Mudd]

So, they can't do "public fundraising" via crowdfunding sites.

Can they use their existing list of donor emails as a mailing list for private fundraising? If not, why not?

Them's a lot of names, many attached to credulous people with credit accounts.

 

[muCephi]

So, they can't do "public fundraising" via crowdfunding sites.

Can they use their existing list of donor emails as a mailing list for private fundraising? If not, why not?

Them's a lot of names, many attached to credulous people with credit accounts.

I would be pretty surprised if the fundraising site business model officially permitted someone to build a mailing list on their site, and then just walk off with it and use it for other projects or sell it. Of course, Axanar Productions would probably claim its for the "same" project.

Edit: well regardless of any policy, here is a firm that gathers backer information from "various public sources" and sells it, so I suppose it is a moot point:

https://www.krowdster.co/blog/how-to-find-super-backers-on-kickstarter-and-indiegogo.html

 

[dmac]

When you consider two Chinese companies (Shanghai Film Group Corp. and Huahua Media) dropped a billion dollars in Paramount's lap last night for content control, distribution and marketing rights, you'll probably see LFIM posters going up in Beijing over the weekend.

 

[Red Shirt]

The settlement is a recognition of what I have been saying throughout, that even if Peters could, in theory, win on appeal, costs and interest would continue to mount notwithstanding.

The summary judgment decision was the nail. It left Peters with very little to fight for at trial and meant his was reliant on an appeal. His lawyers have advised him clearly to settle, and I wouldn't be surprised if they have advised him to do so for some time now.

I feel vindicated, and for all those who attacked me thinking I had an agenda against Carlos and co, screw you. I never had an agenda. I just never wanted any level of bias from anyone.

Carlos is leagues beyond Lane in every way, but please, let's not pretend he also doesn't have an agenda. Peters does those critical of him a favour by being such an obvious flimflam man, but I do tire of the buttering up of the big personalities on the anti-Axanar side as being the purveyors of truth and only the truth. It's not so. I think people forget Carlos's history in the fan film community before this case, and the likely brushes with Peters he has had....and now he's suddenly reinvented as a "journalist"? Come on. Some of of people on the anti-Axanar side do have an agenda, especially the biggest voices, who are so invested in it they devote so many hours to it and then claim unconvincingly that they are arguing for protection of intellectual property ownership.

I admire the effort Carlos goes to in order to try and seem neutral and it's very welcoming that he's not a puppet like Lane, but every so often the desire to see Peters fail bleeds through his blog, and, in my opinion, you don't spends copious hours every day dedicated to the comeuppance of a man like Peters unless you have an axe to grind.

I don't have a problem with you at all. We all talk about the case from our respective experience. But you should have the humility to admit that being someone who researches case law, legislation and procedure does not mean you have a clue about what it is to conduct litigation. You are, for instance, in no position to determine how good a lawyer Ranahan is based on your public knowledge of the case because you have no idea of the advice that has been imparted to her client, what elements of that advice has been listened to and her client's instructions in that regard.

You are, with respect, a barrack room lawyer.

Are you claiming no bias?

I don't think it's me who is missing the point.

Too many of you are letting your hard on for Peters get in the way. I have already given the answer above, you're just not bothering to read what I am saying because you're more interested in winning this conversation than actually talking about what is happening. I have not disputed anything you have said in your post. I am trying to offer up the most realistic reason as to why he ended up putting his own money it.

Peters clearly thought he could complete the project with the donor funds and also use them to pay for his lifestyle. That's why he exploited them and used it for his personal costs (read "expenses"). Then, as time went on, it was costing more and more money and so he could no longer rely on donor funds - so he had to, out of lack of choice, put in his own funds to keep it all afloat, which he otherwise would not have done had the project come in on budget. He's now spinning that to make it look like he was funding it as a fan project all along. Do you follow?

The problem with your argument is that it presumes that the project was always coming in on budget and therefore he should not, at any point, have needed to put more money. But that is short-sighted because it ignores the fact that Peters knows that if he doesn't deliver he has to refund his donors out of money he likely no longer has, and probably also has to pay off other costs, like employee wages, rent and so on. He's putting his own money in order to survive, when otherwise he wouldn't have. See the bigger picture.

The answer to that is pretty obvious. Look, not everything here is an example of Peters being a douche, and I think sometimes some of you get a little too carried away in trying to find wrongdoing in every single thing he's done.

The most likely explanation is that he needed to keep the project afloat and was running out of donor surplus to do it with, irrespective of the manner in which he spent those funds. So he started putting in his own money. I expect it's no more complicated than that.

Of course you don't, because you have no legal training and you want to see Peters fail.

But when I talk of merit, I do not necessarily mean they will succeed. I mean that there is an argument to advance.

Yes, but your blog already carries the stigma of being biased according to Peters and your association with the anti-Axanar groups on Facebook.

Terry has had a falling out with Peters and is likely not giving an objective impression. Plus, much like Jonathan Lane, is not sufficiently experienced in the law or the litigation process to proper determine the impact of his evidence or whether or not it went well.

What I'm saying is that his opinions have no basis other than the superficial impressions of a biased layman. Therefore I do not see what value they afford to your blog other than to reinforce the impression of you as a "hater", rather than an objective commentator. *shrug*

Right, you never had an "agenda" against Carlosp & Co, you just went out of your way being a snot to Carlosp, Oswriter and Ion as quoted above. You're as full of b.s. as LFIM is.

 

[Red Shirt]

So he "cut a deal" with the studios?

He tried to build himself an empire of scifi productions on the back of donors and lost it all in an ego-driven defiance of the law. He tried to ingratiate himself into the Star Trek professional circuit and earned himself presumably a permanent, if perhaps unstated ban (and nickname). He provoked the public disclosure of his profligate waste, managerial incompetence, self indulgence and contempt for the spirit of fan films. He never delivered the film promised. He forced the creation of restrictive guidelines. He disrupted the 50th for many people. And in the end, he has to deliver on promises made on $1.4 million from multiple fundraisers, using the 15 minute format and only private money.

Yet it is a "win" for the fans and for Axanar Productions.

They can't claim they "won" over the copyright violation charges, because they have to admit they not only did that like all fan films, but also "overreached".

I suppose the reasoning that they "won" will be they will be motivated to make something good in order to vindicate their Trek fan and professional reputations, and the future will see that product, while ignoring the abuses, thus "proving" their virtue all along. Maybe. I think it a bit more likely that not all the permitted actors will want to come back, and it will still be mediocre, since it will still probably be managed the same way and still feature Gary Stu Garth and pewpew. But we will see.

QFT

 

[ThankYouGeneR]

This is some bright news for me on this day of mourning for me (January 20, 2017). The persons central in both the larger issue I mourn today and this smaller issue of production litigation I have participated in following/researching are seemingly, at least to me I mean, cut from the same cloth. With each of them having such similar possible damaging impact on things I dearly love.

I find I am peaceful with the settlement of the production litigation. I am pleased to 'assume' that in this settlement there will be significant non-disclosure which will allow any litigant who wishes to spin what is permitted to be disclosed in any positive way they may so choose. Which therefore could possibly serve to reduce or mitigate acrimony that might have come with a public trial total condemnation loss. For I wish those of us in fandom who might need it to be able to save face and move forward more easily. I am not speaking of the defendant for I am definite that I did not want thiswholething to be allowed so am pleased it won't. But if allowing him to save face by spinning a sort of win is the price I pay for allowing all my fellow trek fans who have been supporter/advocates, and whom I believe are good people, to also be able to save face because of a positive spin on this settlement; so be it. I will be content.

I am immeasurably grateful for this thread's existence. It has given me a safe place to have a voice on thiswholething even when I was voicing a different point of view.

This thread has given me much information and insight into the world of legal goings-on. I have learned to how to do, locate, understand so much because of this thread.

This has been the place I could voice my questions and someone always offered at least a lead where I could possibly look for an answer. It was here that at times I voiced my fears, on occasion my sorrows concerning thiswholething.

I've enjoyed that this is a place where I could voice speculations, learn new information and reorganize said speculations. I've appreciated that when I've been inaccurate in my understanding of information and/or lack of correct information that I have been gently corrected, for it is indeed the correct information on the who, what, where, why, and whens I have been entirely interested in.

It's over a year now I've been with this terrific thread as we've posted together. And while there is surely more to be sussed out as thiswholething closes down and moves into its next incarnation I just want to take a moment and hoist one in your honor. This thread and its participants have meant a great deal to me as I've attempted to understand how this could have happened to the Star Trek that I love so much.

So, Thread and Participants, here's to ya!

 

[muCephi]

I wonder if the settement requires the confidentiality signatures of Terry, Christian, etc.

 

[Woulfe]

Now that the whole mess is over ( yeah, right ) Let's take a poll
1. Axanar is made, fails to live up to it's expectations [highly likely]
2. Axanar is made, is actually as good as they promised it would be [very unlikely]
3. Axanar isn't made because of X or Y [not enough money, support]

 

[muCephi]

Now that the whole mess is over ( yeah, right ) Let's take a poll
1. Axanar is made, fails to live up to it's expectations [highly likely]
2. Axanar is made, is actually as good as they promised it would be [very unlikely]
3. Axanar isn't made because of X or Y [not enough money, support]

Interesting, but how can "Axanar" as conceived be made in 30 minutes run time? Even the big pewpew battle I believe was slated to run longer. Whatever is made, it will be a truly different story I think, or a series of brief 'flashbacks' trying to compress the original story within an explanation.

Regardless, I would lean towards #1, unless the stars really commit and take it over.

 

[Professor Zoom]

If they cut it to 30 minutes, will the firmament still crash upon something?