CBS/Paramount sues to stop Axanar
- Thread starter Richard Baker
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You have to say it five times.
Let me try this out for size. Axanar seems like a go-slow project with money going into things that mean nothing to the production of the movie specifically (except a few sets that aren't done yet). What if that was more or less deliberate? On the crowdsourcing sites, Peters did say to potential donors that he was using CBS/Paramount IP and they could ask to have the project shut down at any time. He just didn't think they would -- which is only opinion. His ass is covered there.
What if they reach a settlement with CBS/Paramount where they agree to stop the Axanar project and destroy or completely redesign all sets, costumes, and aliens to in no way reference a "Star Trek" set, costume, or alien. Let's say it's not worth it for CBS/Paramount (they have legal bills they have to pay, after all) to keep running up billable hours beyond simply shutting down the movie and forbidding Peters' company from ever infringing on CBS/Paramount IP again under threat of the hammer coming down really hard the next time.
Where is this rambling mess going? It could be Peters sees this as his best outcome. Axanar goes away, modify a few sets, make a bonfire with the rest, and what's left over? The nice new studio. All paid for and with it's newly-carpeted offices and everything he needs to shoot movies.
He can then announce to his donors that CBS/Paramount demanded that he shut down Axanar. Again, it did say in clear English and easy to find type on the crowdsourcing sites that he was using CBS/Paramount IP and they could ask him to stop the project at any time. So donors were warned. Peters can say he sincerely tried to deliver the advertised product, but had no choice but to comply when he finally confronted the lawyers. And because he doesn't want to waist precious movie-making resources fighting it, he'll comply. As I read it, Kickstarter at least, only requires those who raise money on it to attempt to provide a product as close to what was promised as can finally be delivered. So Peters shoots another sci-fi movie instead, and tells the donors this is the best he could do under the circumstances (or as close as he could come to his dream). Given how loyal they've been thus far, they may lap it up and tell him it was even better than anything "Star Trek". Or, they'll sue. But on average, they have only $75 each invested. Is that really worth suing over? Take whatever movie he produces and enjoy it.
I don't know. Plausible? Eh. Probable? Meh.
What if they reach a settlement with CBS/Paramount where they agree to stop the Axanar project and destroy or completely redesign all sets, costumes, and aliens to in no way reference a "Star Trek" set, costume, or alien. Let's say it's not worth it for CBS/Paramount (they have legal bills they have to pay, after all) to keep running up billable hours beyond simply shutting down the movie and forbidding Peters' company from ever infringing on CBS/Paramount IP again under threat of the hammer coming down really hard the next time.
Where is this rambling mess going? It could be Peters sees this as his best outcome. Axanar goes away, modify a few sets, make a bonfire with the rest, and what's left over? The nice new studio. All paid for and with it's newly-carpeted offices and everything he needs to shoot movies.
He can then announce to his donors that CBS/Paramount demanded that he shut down Axanar. Again, it did say in clear English and easy to find type on the crowdsourcing sites that he was using CBS/Paramount IP and they could ask him to stop the project at any time. So donors were warned. Peters can say he sincerely tried to deliver the advertised product, but had no choice but to comply when he finally confronted the lawyers. And because he doesn't want to waist precious movie-making resources fighting it, he'll comply. As I read it, Kickstarter at least, only requires those who raise money on it to attempt to provide a product as close to what was promised as can finally be delivered. So Peters shoots another sci-fi movie instead, and tells the donors this is the best he could do under the circumstances (or as close as he could come to his dream). Given how loyal they've been thus far, they may lap it up and tell him it was even better than anything "Star Trek". Or, they'll sue. But on average, they have only $75 each invested. Is that really worth suing over? Take whatever movie he produces and enjoy it.
I don't know. Plausible? Eh. Probable? Meh.
Oh, um, oops? Was that not what that was for?
Except if (when) Peters loses he gets to pay CBS's legal bills on top of everything else.
This, seems like best possible outcome if your Peters and/or standing with Axanar.
Well... we are talking about "true Axanar fans" here...
CBS asked for it because it's more or less perfunctory, but I don't think judges grant that request very often when the plaintiff wins the case. It's the exception, not the rule. There is certainly nothing in US law that requires Peters to pay the CBS legal bill just because they asked for it and won their case. It may be there to scare Peters, but more often than not, the defendant will pay the plaintiffs legal fees (or vice versa depending on which side won) only if the result of the case served some greater public good, was an anti-discrimination case, or a prior agreement between the litigants said loser pays. Requirements vary by state, but I don't think if it goes to court that CBS is expecting Peters to be asked to pony up the money for their bill.
I'm not a lawyer, but I had reason to look that up recently, and that's what I remember, but I'm old and my memory ain't as good as it used to be. And I think I read that in the UK, the loser does pay all the legal costs.
Also, in a settlement, I think it's very rare for one side to agree to pay the legal fees of the other. In fact, it may not happen at all. Both sides may want to settle just to avoid big legal bills. If it goes to court, CBS could easily drop $1 million on the case. I'm sure it doesn't want to. Peters certainly doesn't want to run up a six-figure legal bill (that's based on $400 an hour lawyers for Peters versus $800 to $1000 an hour for CBS).
They forgot "repeat indefinitely, because this is all you will ever have."
If they can land another production contract, and use the current donor money to keep the doors open and rent studio gear and make *something*, and take *part* of the donor money as a gift to build some of their business infrastructure for free without donors objecting, then they might get through it.
I just don't think, though, that doing a non-Trek SF production will draw as much interest in terms of investors or even in retaining staff especially working for free. I think they might end up being no different from any independent production company, with little track record. Then it has to ride on the quality of the management.
Seems that Peters is now claiming that all the other works have closed production
And Tony Todd is STILL listed as being in the film
And Tony Todd is STILL listed as being in the film
The other fan productions?
Deluded waters run deep, don't they?
I haven't seen any indication as such on STC's page, nor any tweets. It's probably Alec's usual bluster.
Dang. Is he saying this on his webite? Is there a link you can give us?
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Looks to me like there's a need for Kickstarter to allow or impose caps on how much can be raised. Nothing wrong with having stretch goals, but when fundraising goes into berserker mode there's a lot of potential for problems. I don't see why someone couldn't just say when/if we get to x number of dollars we will close the fundraiser and get to work on the project.
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