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CBS/Paramount sues to stop Axanar

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I imagine the meeting with "top" IP attorneys went something like this:

Attorney 1: Alec, I'm afraid CBS has the right to shut you down. Selling the coffee wasn't exactly the smartest decision, nor was announcing you were building this studio to make for-profit movies. I'm afraid they are going to shut you down.

Attorney 2: It's over Alec...



Alec's response:
 
Optimum outcome: Peters loses everything. Not just for the whole IP business, but for the fuckover committed on the fans he supposedly has such high regard for. People like Tobias, Sean Torongeau (I went to school with a Torongeau, BTW) get treated like the dupes they were whose only crime was wanting to be part of some new great thing.

Other fan films get left alone as long as they don't make the same kinds of "mistakes".

CBS/Paramount acquires all assets of Aries Studio, which would, of course, include Axanar and all related material. They polish up the script and do it as a straight-to-DVD feature. And actually get tons of good publicity out of it, as well as whetting the appetite for the new series.

That's a win/win for everybody but Peters.

I'll go you one better:

CBS/Paramount acquires all assets of Aries Studio, which would, of course, include Axanar and all related material. Trying to compete with Lucasfilm/Disney and the upcoming Star Wars: Rouge One movie, they polish up the script and do it as a separate feature film. And actually get tons of good publicity out of it, as well as whetting the appetite for the new series.

Can we stick to posts that broadly represent reality? There is no chance of this, none.
 
Someone likened Peters to John Belushi's portrayal of Captain Kirk on the final days of Star Trek in the famous SNL sketch. Seems pretty spot-on to me. :lol:
 
I saw this on the facebook group written by a lawyer which I found interesting:
OK, this whole mess has been intriguing to watch, but Peters' statement the past night really irked me. The more I read, the more I'm convinced he's taking these people for a ride for the sake of his own ego. I want to address his comments as per his enumerated paragraphs:-

1) He says that he's in "deep talks" with a top twenty firm of lawyers. I'm calling bull on this.

Firstly, no firm of that stature takes on a pro bono case where the likelihood is that they will lose, because the time involved is time taken away from other chargeable work.

Secondly, since they don't really have a case, the thrust of any legal advice would primarily be to cease production. This is even less of a reason to take a case on pro bono for a corporation because there wouldn't be an publicity involved. Personally speaking, I would never take on a case where the client insisted on litigating in spite of my advice because the consequence of doing so is that clients inevitably come back and complain afterwards that they lost and express unhappiness for the way you've handled the case. It's just not worth the hassle, especially on a pro bono basis. Also, to act in the course of litigation in spite of your own advice would make the client liable for massive costs in the event of loss and one has a professional obligation to ensure the client's best interests are served in terms of your advice, even if the client doesn't like what they're hearing.

Thirdly, from my perspective, it doesn't take so long to get an answer as to whether or not a firm will act for you when there is an element of urgency involved (the treat of an injunction and financial difficulty). You explain the case and/or the send the papers to the firm. I personally would have looked them over and immediately given an indication of whether or not it was something that was worth taking on. Peters says a firm wants to act, but he said that days ago, now apparently they are still in "deep talks". Something about that just doesn't sound right to me. Either the firm agrees to act or it doesn't...and if it does, either the Axanar corporate entity agrees to the terms of representation or it doesn't. There is no negotiation.

Fourthly, pro bono work is designed for the needy and underprivileged. Axanar is a corporation, not a charity. It's extremely rare for a corporate entity to be represented pro bono. Basically it seems to me that in order to stand a chance of being taken on they'd have to be a not for profit corporation. Well, the fact is that this is up in the air due to Peters' own statements and the merchandising, What's more, it's one of the issues in the litigation. I would have thought by now a firm would have taken a view on the not for profit angle, and even if it concluded that it was a not for profit entity, the corporation still have to have a case thereafter.

Finally, what kind of egomaniac must Peters be to calling his tin pot firm a "high profile defendant"? Laughable remark. Nobody outside of Trekkie fandom has even heard of them!

https://www.facebook.com/groups/208486692826321/permalink/211367755871548/
 
Secondly, since they don't really have a case, the thrust of any legal advice would primarily be to cease production. This is even less of a reason to take a case on pro bono for a corporation because there wouldn't be an publicity involved. Personally speaking, I would never take on a case where the client insisted on litigating in spite of my advice because the consequence of doing so is that clients inevitably come back and complain afterwards that they lost and express unhappiness for the way you've handled the case.
Clients who litigate against the advice of counsel also have a tendency to turn around and sue said counsel for malpractice when they inevitably lose. Given Peters' public behavior to date, that risk is much more significant here, which is why I would be very surprised if a reputable IP firm took this case pro bono.

It's just not worth the hassle, especially on a pro bono basis. Also, to act in the course of litigation in spite of your own advice would make the client liable for massive costs in the event of loss and one has a professional obligation to ensure the client's best interests are served in terms of your advice, even if the client doesn't like what they're hearing.
Also keep in mind we're looking at dozens of possible individual defendants if the studios name the John Does. Will these "pro bono" attorneys represent all of them as well? If so, there could be a substantial conflict of interest.

Peters says a firm wants to act, but he said that days ago, now apparently they are still in "deep talks". Something about that just doesn't sound right to me. Either the firm agrees to act or it doesn't...and if it does, either the Axanar corporate entity agrees to the terms of representation or it doesn't. There is no negotiation.
I dealt with law firms a lot back in my antitrust days. The big firms usually have a "pro bono committee" to review such cases. As this attorney said, there's no negotiation. Either they approve the case or they don't.

Fourthly, pro bono work is designed for the needy and underprivileged.
Indeed. Here's how the California Bar defines pro bono work:

Generally, legal services that are provided without expectation of compensation to indigent individuals, or to not for profit organizations with a primary purpose of providing services to the poor or on behalf of the poor qualify as pro bono work
 
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Good old Facebook...

ALEC PETERS:

Because you are an IP lawyer I guess Dennis.


DENNIS RUSSELL BAILEY:

Pro tip, Alec: the argument from authority, always a fallacy, is at its worst when you aren't an authority.

When and where did you practice and for how long? How many IP cases did you try and how did that work out for you?

Because you come across as both ignorant and arrogant. Neither bodes well for your efforts.
 
I saw this on the facebook group written by a lawyer which I found interesting:
Finally, what kind of egomaniac must Peters be to calling his tin pot firm a "high profile defendant"? Laughable remark. Nobody outside of Trekkie fandom has even heard of them!
https://www.facebook.com/groups/208486692826321/permalink/211367755871548/

Peters is very important. Inside his own head.

Someone actually said to me last night they would love to hear the conversations Peters had with these lawyers "assuming it wasn't imaginary." :lol:
 
Here is something that popped into my head that I don't know if we have thought of.

Currently Axanar has not submitted their application for tax exempt status, which means, they are presently not tax exempt. Should they have any tax liability for the donations they received?

Yes, it is income.
 
Here is something that popped into my head that I don't know if we have thought of.

Currently Axanar has not submitted their application for tax exempt status, which means, they are presently not tax exempt. Should they have any tax liability for the donations they received?

Yes, it is income.

Yes, I speculated a while back in this this thread that it will be interesting when Alec gets a 1099-K firm from the IRS later this month. It also makes me wonder what he did for his Kickstarter in FY2014.
 
Peters next gig will likely be as a traveling snake oil salesman.

I thought that was his current gig?

I very rarely post here, like I think I've posted like 3 times in 5 years, but I have to comment on this whole disaster. When I first heard about the lawsuit I though 'that's a shame, I'd like to have watched that' and then thought about how CBS were using bad judgement, but looking into it, I'm amazed they let him get this far. Peters was taking the piss when he started doing things like selling coffee. He was prodding them, seeing how far he could push it. I'm more annoyed at him than anything because he became greedy and the project failed (Let's be honest the chances of Axanar is pretty much zero). I never donated, mainly because I don't have a lot of spare cash. I feel sorry for those that did and even more sorry for those that are still flittering their money away. Peters seems from my perspective to be just like a wannabe Donald Trump and by the sounds of it, just as pleasant.
 
Peters next gig will likely be as a traveling snake oil salesman.

I thought that was his current gig?

I very rarely post here, like I think I've posted like 3 times in 5 years, but I have to comment on this whole disaster. When I first heard about the lawsuit I though 'that's a shame, I'd like to have watched that' and then thought about how CBS were using bad judgement, but looking into it, I'm amazed they let him get this far. Peters was taking the piss when he started doing things like selling coffee. He was prodding them, seeing how far he could push it. I'm more annoyed at him than anything because he became greedy and the project failed (Let's be honest the chances of Axanar is pretty much zero). I never donated, mainly because I don't have a lot of spare cash. I feel sorry for those that did and even more sorry for those that are still flittering their money away. Peters seems from my perspective to be just like a wannabe Donald Trump and by the sounds of it, just as pleasant.
I suggested a while back that we should start wearing red "Make Star Trek Great Again" ball caps.
 
Someone likened Peters to John Belushi's portrayal of Captain Kirk on the final days of Star Trek in the famous SNL sketch. Seems pretty spot-on to me. :lol:

That would be me.

"Over??? Did you say over??? Nothing is over until we decide it is!!!! Was it over when the Germans bombed Pearl Harbor??? Hell no!!!"
 
I'm amazed they let him get this far. Peters was taking the piss when he started doing things like selling coffee
if Paramount hadn't done anything I wonder what other products would've become available? Axanar uniforms? (all different versions), Axanar movie poster (teaser and movie one sheet 27x40), Axanar starlog official movie magazine, Axanar/Prelude to Axanar official comic adaptations, Axanar comic range (Gold Key style, with Marvel/DC styles to follow. all with cover variants), Axanat/Prelude novels, Axanar action figures (several different version of each character including the older version 'Prelude to Axanar' figures), Diamond Select style Axanar phasers/communicators/tricorders, Axanar lunchboxes, Axanar underoos, Axanar viewmasters, Axanar hb annual 2016, Axanar chocolate bars (one for each character), Axanar marsh mallow dispenser
 
I'm amazed they let him get this far. Peters was taking the piss when he started doing things like selling coffee
if Paramount hadn't done anything I wonder what other products would've become available? Axanar uniforms? (all different versions), Axanar movie poster (teaser and movie one sheet 27x40), Axanar starlog official movie magazine, Axanar/Prelude to Axanar official comic adaptations, Axanar comic range (Gold Key style, with Marvel/DC styles to follow. all with cover variants), Axanat/Prelude novels, Axanar action figures (several different version of each character including the older version 'Prelude to Axanar' figures), Diamond Select style Axanar phasers/communicators/tricorders, Axanar lunchboxes, Axanar underoos, Axanar viewmasters, Axanar hb annual 2016, Axanar chocolate bars (one for each character), Axanar marsh mallow dispenser

All that and more. But probably not a movie.
 
Realizing that shit just got real, Alec has moved to Plan B:

Change the conditions of the test.

He intends to reprogram the simulation so that it's possible to rescue Axanar Productions.


He can do it - he's a software engineer (thirty-five years ago, he taught himself Basic on a TRS-80 home computer).
 
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