Kinda offtopic but what's with half of the I Stand With CBS group getting all bent-out of shape when TrekBBS went down, and they don't even post here??
Did you guys at least use the opportunity to pretend it was down because of CBS?
CBS/Paramount sues to stop Axanar
- Thread starter Richard Baker
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Did you guys at least use the opportunity to pretend it was down because of CBS?
I think you have outdone your first attempt! Top firms fighting over them...........I'm waiting on the casting call to go out for any donor that was in their High School drama class...........
I especially liked the sushi allusion at the end. 
^^^
Given the terms and conditions above (if accurate) - Prelude to Axanar should have been ineligible to win any award. Some festival if it doesn't even follow its own rules. (Plus, if Axanar Productions did submit a release - then they could/should face forgery charges; UNLESS they actually have one; but were that the case, then you'd think they'd publically post it as it would render the part of the CBS lawsuit with regard to Prelude to Axanar moot) - again, just being fair although it certainly appears to be the case the Axanar Productions NEVER had any sort or release from CBS/Paramout RE: Prelude to Axanar.
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I believe that particular bit of case law from 1956 was superseded by various other later decisions talked about here:
https://en.wikipedia.org/wiki/Fair_use#Fair_use_and_parody
I'm not familiar with Cushman's filmography, so I have to ask: Was his version of Star Trek faithful to Gene's original vision?
With regards to GR's vision of banging every young aspiring female actress on his casting couch during the original Star Trek's (1966-1969) run; I'd say: Yes
With regards to GR's vision of banging every young aspiring female actress on his casting couch during the original Star Trek's (1966-1969) run; I'd say: Yes
Maybe I do share Gene's vision more than I thought I did........
I would imagine that Axanar Productions did not submit actual written proof to the film festivals that PRELUDE TO AXANAR had appropriate permission to use intellectual property owned by CBS/Paramount. However, by entering these festivals, they were basically acknowledging that they had this permission.
One possible approach to take in this case would be to question Axanar Productions thusly:
Q: Did you create PRELUDE TO AXANAR?
AP: Yes.
Q: Did you submit PRELUDE TO AXANAR to the Creative Arts Online Short Film Festival?
AP: Yes.
Q: Did you meet the Terms and Conditions of entering this festival?
AP: I'm not sure what you mean.
Q: Allow me to clarify. In order for your short film to be entered and accepted for consideration, you were required to meet the Terms and Conditions. Did your film meet the Terms and Conditions to the best of your knowledge?
AP: We won an award from the Creative Arts Online Short Film Festival. This could not have happened had we not met the Terms and Conditions. Thus, to the best of my knowledge, our film met the Terms and Conditions for this festival.
Q: Would you read this section of the Terms and Conditions for the court?
AP: "ALL non-original portions of your film MUST be cleared and You must have permission to use someone else's work."
Q: Did Axanar Productions have permission to use the non-original portions of your film, namely, the elements that were owned by CBS/Paramount?
AP: To my knowledge. Let me explain. We were under the impression that we were okay using such elements. It was understood that we, as a fan film, could use IP owned by CBS/Paramount.
Q: Do you have this in writing?
AP: It was understood.
Q: But you don't have this permission in writing?
AP: (long pause) No.
Q: Please read this section of the Terms and Conditions for entering a film to the Creative Arts Online Short Film Festival. This section here.
AP: "You must be legally authorized to represent the entire work, in writing. Also, you should copyright your film with the proper agency (in the USA, its the Library of Congress). It is not required for screening at CAFF, but it is smart on your part to protect your work."
Q: Once again, do you have legal authorization in writing?
AP: ... on advice of counsel, I choose to plead the fifth.
One possible approach to take in this case would be to question Axanar Productions thusly:
Q: Did you create PRELUDE TO AXANAR?
AP: Yes.
Q: Did you submit PRELUDE TO AXANAR to the Creative Arts Online Short Film Festival?
AP: Yes.
Q: Did you meet the Terms and Conditions of entering this festival?
AP: I'm not sure what you mean.
Q: Allow me to clarify. In order for your short film to be entered and accepted for consideration, you were required to meet the Terms and Conditions. Did your film meet the Terms and Conditions to the best of your knowledge?
AP: We won an award from the Creative Arts Online Short Film Festival. This could not have happened had we not met the Terms and Conditions. Thus, to the best of my knowledge, our film met the Terms and Conditions for this festival.
Q: Would you read this section of the Terms and Conditions for the court?
AP: "ALL non-original portions of your film MUST be cleared and You must have permission to use someone else's work."
Q: Did Axanar Productions have permission to use the non-original portions of your film, namely, the elements that were owned by CBS/Paramount?
AP: To my knowledge. Let me explain. We were under the impression that we were okay using such elements. It was understood that we, as a fan film, could use IP owned by CBS/Paramount.
Q: Do you have this in writing?
AP: It was understood.
Q: But you don't have this permission in writing?
AP: (long pause) No.
Q: Please read this section of the Terms and Conditions for entering a film to the Creative Arts Online Short Film Festival. This section here.
AP: "You must be legally authorized to represent the entire work, in writing. Also, you should copyright your film with the proper agency (in the USA, its the Library of Congress). It is not required for screening at CAFF, but it is smart on your part to protect your work."
Q: Once again, do you have legal authorization in writing?
AP: ... on advice of counsel, I choose to plead the fifth.
Brilliant is indeed the word for this. I needed a good laugh today and this provided it.
I'll guess that it's because this thread has been one of the primary information conduits feeding the group.Kinda offtopic but what's with half of the I Stand With CBS group getting all bent-out of shape when TrekBBS went down, and they don't even post here??
Oh, well done.
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It was understandably lame because they put next to zero effort into it, and just about as much effort into the campaign itself. It was an unmitigated disaster.
"Published"? Surely scripts are for filming/performing.
Probably meant "used." Unless, they were used... then why would they be published?
So here's a thought. Given that Axanar Productions is based in California, the donors might have a very strong case under California's Unfair Competition Law (UCL). The California UCL is notoriously broad in scope and is often used by class action plaintiffs because it's easier to prove than fraud. With fraud, you have to prove reliance on a specific false statement or misrepresentation. But under the UCL, according to the California Supreme Court, it is "not required to necessarily plead and prove individualized reliance on specific misrepresentations or false statements"; instead, you can bring a UCL claim if the "misrepresentations and false statements were part of an extensive and long-term advertising campaign."
In other words, the donors could make the case they were misled not by any specific thing Peters or Axanar said, but rather their entire "advertising campaign," including the crowdfunding pitches, Prelude, the Vulcan scene, the podcasts, the social media, et al. Or as Homer Simpson said regarding his mortgage application, "they were all part of a single ball of lies."
In other words, the donors could make the case they were misled not by any specific thing Peters or Axanar said, but rather their entire "advertising campaign," including the crowdfunding pitches, Prelude, the Vulcan scene, the podcasts, the social media, et al. Or as Homer Simpson said regarding his mortgage application, "they were all part of a single ball of lies."
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