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CBS/Paramount sues to stop Axanar

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I encourage you to draw your own conclusions - a Terms of Service document is not going to supercede law or legal precedent, but if Kickstarter and Indiegogo are profiting from infringements and not doing anything to stop that, then I'd say they might want to consult with counsel.
It may be that they have to have a complaint to "know" that a copyright violation is involved - that by not policing whether or not submissions include unauthorized IP or not themselves, they (attempt to) keep themselves from being liable. To use an analogy from my sector of employment, if you offer an unfiltered Internet connection and someone accesses illegal material on it, then you're in the clear, but if you put content filtering on the connection, then you may be liable because it can be argued that you facilitated that connection.

Again, I'm not a lawyer. Just spitballing. :D
 
Quick question for the legal eagles here:- I am going to buy a boat, paint it space white and want to name it Excelsior... Is that okay by CBS's rules?
 
Quick question for the legal eagles here:- I am going to buy a boat, paint it space white and want to name it Excelsior... Is that okay by CBS's rules?

Is it better than the boat JJ Abrams has?

Are you making money off of it by charging fans to utilize it's transporter...holodeck...and other features?

Is it a boat made by fans for the fans, or it is used for professional purposes?

Do you plan on building a studio from the proceeds on this boat?

Have you spoken with 'names' (e.g. Tony Todd) over dinner about promoting said boat?
 
Quick question for the legal eagles here:- I am going to buy a boat, paint it space white and want to name it Excelsior... Is that okay by CBS's rules?

Is it better than the boat JJ Abrams has?

Are you making money off of it by charging fans to utilize it's transporter...holodeck...and other features?

Is it a boat made by fans for the fans, or it is used for professional purposes?

Just for my use and maybe loaning/renting to friends for sailing on a lake
 
/facepalm/
https://www.facebook.com/groups/AXANARFANCLUB/permalink/1637965643135639/

ax_zps4sla6py8.jpg
 
Quick question for the legal eagles here:- I am going to buy a boat, paint it space white and want to name it Excelsior... Is that okay by CBS's rules?

The word isn't copyrighted. The design of the ship on Star Trek is.

So I can paint it the same shade of white as her hull, name it Excelsior and I'm okay...?

*heads off to the paintshop*

Quick question for the legal eagles here:- I am going to buy a boat, paint it space white and want to name it Excelsior... Is that okay by CBS's rules?

Is it better than the boat JJ Abrams has?

Are you making money off of it by charging fans to utilize it's transporter...holodeck...and other features?

Is it a boat made by fans for the fans, or it is used for professional purposes?

Just for my use and maybe loaning/renting to friends for sailing on a lake

In all seriousness, I'm not a lawyer. However, I do think you should be fine; the name isn't copyrighted.
 
ax_zps4sla6py8.jpg



Heh. "Axanar: Contributing to the debate on ethics in journalism since ten minutes ago."
 
Actually, from what I've read, a couple of chapters are devoted to the story of Axanar.

More like a couple pages, at the very beginning. And we never got the answer as to whether the bad guys suddenly changed from Romulans to Klingons because of a typo or because the whole thing was a dream sequence based on Kirk's knowledge of the battle and preoccupation with meeting Garth again. I read it when it first came out, so I may be forgetting more backstory from later in the book, but as I recall, the question of who was actually fought at Axanar was never settled in the book by a second reference later in the story, which makes me pretty confident the dream sequence from the beginning of the book is the only part that involves the battle. It makes sense, it's set after "Whom Gods Destroy," so the most relevant part of Garth's backstory was when he learned to shape-shift and became genocidal.

Well, if you roll back in this thread, I made just that point, that many published Trek books are not qualitatively better than fan-fic. It might be a little disrespectful to say that, but it's true. Whether you have someone bless your work as legit or not doesn't put it on another plane of existence qualitatively.

It's more than "a little disrespectful," it's an outright insult. It's not just being "blessed as legit," though having someone from CBS actually read it and say whether or not it's a totally insane steaming pile that would do irreparable damage to the reputation of Star Trek as an institution doesn't hurt. These are books written by professional authors, commissioned and edited by professional editors, working for a publisher that's been in the business of making books people are willing to pay money for something like a century. It would take actual maliciousness and a concerted attempt to fail on the part of dozens of people entrusted with both actually money and the legacy (and thus future potential to make money) of the franchise for the average quality level of published Trek novels to be on a par with the average quality of fan-fic.

Now, sure, I'll accept the possibility that the best fan-fic story is on a par with the best Trek novel. Diamonds in the rough and all that. But the whole process puts a floor on quality. Maybe that floor isn't as high as you'd like all the time, but I guarantee you that if I gave you a random representative sample of licensed Star Trek prose and a random representative sample of Trek fan fic off the internet, you'd be able to tell which was which based on the ratio of rough to diamonds.

Honestly, you could make the same argument about any media gatekeeper in our modern culture. For instance, would you say the average episode of any Star Trek series is no better than the average fan film, despite studio backing, paid professional staff and so forth? Most people here are making fun of Alec Peters for saying that that can even happen once, but if being "official" isn't good for anything...
 
The word isn't copyrighted. The design of the ship on Star Trek is.

So I can paint it the same shade of white as her hull, name it Excelsior and I'm okay...?

*heads off to the paintshop*

Is it better than the boat JJ Abrams has?

Are you making money off of it by charging fans to utilize it's transporter...holodeck...and other features?

Is it a boat made by fans for the fans, or it is used for professional purposes?

Just for my use and maybe loaning/renting to friends for sailing on a lake

In all seriousness, I'm not a lawyer. However, I do think you should be fine; the name isn't copyrighted.

"I’m sorry, Mrs. Simpson, but you can’t copyright a drink. This all goes back to the Frank Wallbanger case of ’78."
 
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