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CBS/Paramount sues to stop Axanar

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I've got a big interest in IP/copyright/patent reform, and I was looking forward to Axanar, but this is quite possibly the worst hill to die on if you actually want to do something about endless corporate copyright. It's a legitimate issue, so I'd really rather people weren't, in their desperation, tainting it with an association with this fight.

Who is Stan lee?

Marvel Comics former editor in chief. Created a lot of memorable characters alongside some incredible people. Spider-Man, Ironman, the X-Men...

Never heard of him before...

Oh, then, to explain, "Excelsior!" is Stan Lee's catchphrase. The word is probably more closely associated with him in the public eye than with the Star Trek ship.
 
ax_zps4sla6py8.jpg



Heh. "Axanar: Contributing to the debate on ethics in journalism since ten minutes ago."

Umm I can think of better uses of your time...

... like watching paint dry.
 
Star Trek, in a sense, belongs to all of us. It has brought many of us together. But only CBS owns the right to make money off of it.
 
So for those not on Facebook... Here is my contribution to our Fan film... The script...

Fan film producer, "I wanna make a fan film."
CBS, "Great, just don't make any money."
Fan film producer, "thanks, Guys I need money for my fan film"
George Takei, "Oh My"
Crowd," yay take our money!"

One year later

Fan Film Producer," thanks for The money last year guys we need double that amount now
Crowd, "yeah, take our money"

Six months later

Fan film producer, "hey guys check out this nifty annual report, Our independent professional feature-length film is so true to source material more so than the studio released features , we're so professional that we have full-time paid staff like our producer that we gave almost 40 grand to. No other fan film has that"
CBS, "WTF, we gave you one rule don't make money shut it down"
Fan film producer,"wahhhhhhhhhhh!!!!!!!! but we're just like all the other fan films we're no different"
 
So for those not on Facebook... Here is my contribution to our Fan film... The script...

Fan film producer, "I wanna make a fan film."
CBS, "Great, just don't make any money."
Fan film producer, "thanks, Guys I need money for my fan film"
George Takei, "Oh My"
Crowd," yay take our money!"

One year later

Fan Film Producer," thanks for The money last year guys we need double that amount now
Crowd, "yeah, take our money"

Six months later

Fan film producer, "hey guys check out this nifty annual report, Our independent professional feature-length film is so true to source material more so than the studio released features , we're so professional that we have full-time paid staff like our producer that we gave almost 40 grand to. No other fan film has that"
CBS, "WTF, we gave you one rule don't make money shut it down"
Fan film producer,"wahhhhhhhhhhh!!!!!!!! but we're just like all the other fan films we're no different"

Thats still funny, Jason
 
More from David Gerrold. And it shows how out of touch he is, in particular his pontification of a potential boycott.

However, filing the STAR TREK numbers off Axanar might work. Yet that isn't what people paid for. A catch 22 at this point.

Let me add this.

Seeing as how Axanar, the feature-length fan film has not yet been made, the lawsuit can only be seen as a preemptive strike.

It would not be too difficult for the producers of Axanar to make necessary changes to their costumes and sets and props and even their effects, nor would it be that hard to change the names of all the characters in their script. That is, everything that directly infringes on the Paramount/CBS copyrights could be eliminated -- and Axanar could continue as an independent film, independent of Paramount and CBS.

Therefore the only claim that Paramount/CBS might have would be the short film that was released, PRELUDE TO AXANAR.

Renaming everything is an option to the producers of Axanar. I don't know if it's the best option, but it is one that could be done now--before the feature-length Axanar actually starts shooting.
Mostly, however, I think the whole thing is more of a public relations nightmare for everybody, and I hope that both sides (and their lawyers) can sit down at a conference table and just talk it out to see what best serves everyone -- but most of all, what best respects Star Trek's fans. Because if the outcome here is one that fandom in general dislikes, it will create additional damage to Paramount/CBS' relationship with their audience.

Would there be a boycott and would such a boycott be effective?

Well, back in the days when Star Trek II was in production, one self-inflated fan, who believed he had built up a following among Trek fans, wrote a letter to the studio threatening that if he wasn't given a part in the picture, his fans would boycott the film and the studio would lose millions of dollars. Harve Bennett almost hurt himself badly when he fell out of his chair laughing.
In more recent years, many fans of the original series have expressed their dislike of the Jar Jar Abrams version of Trek. Many of them have chosen not to see his films and many are saying they do not intend to see the third film either. Based on the evidence of the films' gross earnings, it doesn't look like that "boycott" has had much effect on the box office.

And that's my point -- even if Paramount/CBS trigger a fannish firestorm, they likely believe (and justifiably so) that any attempt at a boycott will have insignificant results. They likely believe (and justifiably so) that they can ride out a cycle of bad publicity.
Well, yes and no.

Some fans have wisely pointed out that the best publicity for Star Trek comes from Star Trek fandom. Fans share the trailers, they share the news, they share the excitement, they generate the buzz. If fans become disaffected, then Paramount and CBS lose one of their greatest assets -- and that does hurt the box office grosses. Case in point? The ENDER'S GAME film took a hit because of Orson Scott Card's publicly expressed anti-LGBT sentiments. How big a hit? Hard to say, but the bad buzz was significant enough that the filmmakers had to issue a disclaimer to Card's remarks.

Back in the day, Star Trek's greatest asset was Gene Roddenberry. Fans adored him. Ohell, everybody loved him. (At least until they had a chance to work for him, but that's another story.) Gene attended conventions regularly and he was the great cheerleader. He was the Great Bird.

Since his death, Trek has not had many great cheerleaders. To some extent, Shatner and Nimoy and Patrick Stewart, and a few other cast members -- but nobody represented Trek like Gene Roddenberry. And to the fan base, Gene represented the core of the vision. No one else has ever come close.

Without Gene, without someone who still holds the vision that Gene represented, Trek sometimes feels like a rudderless ship being pushed this way and that by the winds of change -- a tall ship with a star, but no Captain to steer her by that star.

So the situation that needs to be addressed by Paramount and CBS isn't simply resolving the question of Axanar and other fan films -- it's the larger question of rebuilding the audience's trust that Star Trek is in good hands. The producers of various fan films have consistently demonstrated that they have a better grasp of the original vision of the show than some of the people who have been paid to reboot it or reinvent it.

Some people believe that Paramount and CBS don't care about that original vision -- that the reboots are an attempt to capture a newer, younger audience. From a shareholder's view, that makes sense. From the fans' view, it doesn't -- because it's that original vision that created Star Trek fandom in the first place.
I've been to my share of Trek conventions. Nobody blows the roof off the building the same way William Shatner and Leonard Nimoy could. Nobody.

That should tell you something too.

There is a way to proceed that could be a win-win for everybody, but if it isn't a win for the fans, then it isn't a win at all.

Source: https://www.facebook.com/david.gerrold/posts/10207081956819675
 
If they just "file the numbers off" aren't they still on the hook for Prelude? I mean Peters did raise an S Ton of money using Star Trek Ip....
 
More from David Gerrold. And it shows how out of touch he is, in particular his pontification of a potential boycott.

However, filing the STAR TREK numbers off Axanar might work. Yet that isn't what people paid for. A catch 22 at this point.

Let me add this.

Seeing as how Axanar, the feature-length fan film has not yet been made, the lawsuit can only be seen as a preemptive strike.

It would not be too difficult for the producers of Axanar to make necessary changes to their costumes and sets and props and even their effects, nor would it be that hard to change the names of all the characters in their script. That is, everything that directly infringes on the Paramount/CBS copyrights could be eliminated -- and Axanar could continue as an independent film, independent of Paramount and CBS.

Therefore the only claim that Paramount/CBS might have would be the short film that was released, PRELUDE TO AXANAR.

Renaming everything is an option to the producers of Axanar. I don't know if it's the best option, but it is one that could be done now--before the feature-length Axanar actually starts shooting.
Mostly, however, I think the whole thing is more of a public relations nightmare for everybody, and I hope that both sides (and their lawyers) can sit down at a conference table and just talk it out to see what best serves everyone -- but most of all, what best respects Star Trek's fans. Because if the outcome here is one that fandom in general dislikes, it will create additional damage to Paramount/CBS' relationship with their audience.

Would there be a boycott and would such a boycott be effective?

Well, back in the days when Star Trek II was in production, one self-inflated fan, who believed he had built up a following among Trek fans, wrote a letter to the studio threatening that if he wasn't given a part in the picture, his fans would boycott the film and the studio would lose millions of dollars. Harve Bennett almost hurt himself badly when he fell out of his chair laughing.
In more recent years, many fans of the original series have expressed their dislike of the Jar Jar Abrams version of Trek. Many of them have chosen not to see his films and many are saying they do not intend to see the third film either. Based on the evidence of the films' gross earnings, it doesn't look like that "boycott" has had much effect on the box office.

And that's my point -- even if Paramount/CBS trigger a fannish firestorm, they likely believe (and justifiably so) that any attempt at a boycott will have insignificant results. They likely believe (and justifiably so) that they can ride out a cycle of bad publicity.
Well, yes and no.

Some fans have wisely pointed out that the best publicity for Star Trek comes from Star Trek fandom. Fans share the trailers, they share the news, they share the excitement, they generate the buzz. If fans become disaffected, then Paramount and CBS lose one of their greatest assets -- and that does hurt the box office grosses. Case in point? The ENDER'S GAME film took a hit because of Orson Scott Card's publicly expressed anti-LGBT sentiments. How big a hit? Hard to say, but the bad buzz was significant enough that the filmmakers had to issue a disclaimer to Card's remarks.

Back in the day, Star Trek's greatest asset was Gene Roddenberry. Fans adored him. Ohell, everybody loved him. (At least until they had a chance to work for him, but that's another story.) Gene attended conventions regularly and he was the great cheerleader. He was the Great Bird.

Since his death, Trek has not had many great cheerleaders. To some extent, Shatner and Nimoy and Patrick Stewart, and a few other cast members -- but nobody represented Trek like Gene Roddenberry. And to the fan base, Gene represented the core of the vision. No one else has ever come close.

Without Gene, without someone who still holds the vision that Gene represented, Trek sometimes feels like a rudderless ship being pushed this way and that by the winds of change -- a tall ship with a star, but no Captain to steer her by that star.

So the situation that needs to be addressed by Paramount and CBS isn't simply resolving the question of Axanar and other fan films -- it's the larger question of rebuilding the audience's trust that Star Trek is in good hands. The producers of various fan films have consistently demonstrated that they have a better grasp of the original vision of the show than some of the people who have been paid to reboot it or reinvent it.

Some people believe that Paramount and CBS don't care about that original vision -- that the reboots are an attempt to capture a newer, younger audience. From a shareholder's view, that makes sense. From the fans' view, it doesn't -- because it's that original vision that created Star Trek fandom in the first place.
I've been to my share of Trek conventions. Nobody blows the roof off the building the same way William Shatner and Leonard Nimoy could. Nobody.

That should tell you something too.

There is a way to proceed that could be a win-win for everybody, but if it isn't a win for the fans, then it isn't a win at all.

Source: https://www.facebook.com/david.gerrold/posts/10207081956819675

So basically, Gerrold thinks the studios need to kowtow to a small group of malcontents who actively hate their work? And Gerrold thinks calling the studio executives a bunch of know-nothings who betrayed the "original vision of the show" is going to convince them to do that.

Now as to Gerrold's one law-related point, I'm not sure Axanar could change what they're doing enough to satisfy all of CBS Studios and Paramount's objections. This isn't just about a few characters, at least according to the complaint. The studios claim just about every prop and design element--not to mention all of the nomenclature, i.e. "the Federation"--infringes on their copyrights.
 
All of his blather proceeds from false premises.

Sure, "Fans share the trailers, they share the news, they share the excitement, they generate the buzz."

For some reason, Gerrold assumes that shutting down Axanar would affect that.

99.9% of Trek fans do not give a fuck about Axanar or any other fan film.
 
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