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CBS/Paramount sues to stop Axanar

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Albinator said:
I'm not sure presentation on the spine means anything in court, but if it did there are plenty of slipcases that Trek various DVD's use that do not use the Trek title, and some that use no text at all.
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Pocket Books' first original fiction hardcover, "Spock's World" by Diane Duane, has no "Star Trek" title or logo on its spine. The idea (I guess) was to have it stand with other science fiction hardcovers on the "New Releases" shelves! And it was certainly well received. The next original hardcover, "The Lost Years" by JM Dillard, also had no spine identification that it was "Star Trek", IIRC.
 
Ion said:
No disagreement here.

It's just a lot harder to avoid in the tech world, especially where patents are concerned. They allow patents for obvious things, so you can't so much as blink without "violating" one. That half of them are invalid is neither here nor there. :)
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When it comes to patents (another issue i've had some experience with in a minor capacity) i've found it's usually a case of people not realizing something was patented. Patents can sometimes be... how do you say, obtuse? As in, "wow, I didn't realize something like that could be patented."

Maybe in tech there's more awareness. Either way, off-topic, but interesting.
 
Albinator said:
When it comes to patents (another issue i've had some experience with in a minor capacity) i've found it's usually a case of people not realizing something was patented. Patents can sometimes be... how do you say, obtuse? As in, "wow, I didn't realize something like that could be patented."

Maybe in tech there's more awareness. Either way, off-topic, but interesting.
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Mostly yes -- most of us just don't read patents as a matter of general principle. Can't willfully violate something you don't know exists. But there are more... interesting... cases, also. But anyway, yeah, I suppose this is rather far off-topic. :)
 
steam235 said:
The reasoning is that they published the images on Instagram. If Instagram's TOS allowed it they instagram users have no recourse. It sucks, and that sort of thing is why people are wary of Facebook and Google services.
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It was not Instagram doing this. It was a member (maybe) who downloaded or screenshot the images and blew them up and printed them. NO alterations were made to the picture. There may have been somethings added around the borders, don't remember and I'm not going to reread now. If Instagram did it, yes, their TOS probably allows usage but not $10,000.00 profit.
 
Ion said:
FYI:
http://www.theverge.com/2015/5/30/8691257/richard-prince-instagram-photos-copyright-law-fair-use
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Yes! This is one of the cases I had seen when I mentioned I was finding (and forgetting to bookmark) that I learned that legal copyright and legal IP holders are being challenged more than I realized with more than I could have imagined success. And while that particular case deals with art, even the lines that define art --in some cases, in some courts, with some litigators' arguments-- have been been blurred too.

To me, the case this thread addresses is black and white. It's CBS' IP. But in courtrooms black and white can be and is being argued well enough that this is not consistently holding true. And while I may think I see clear boundaries, as that article mentioned "the boundaries aren't firmly planted" and what I could find in my internet searches supports the article's "Courts evaluate fair use on a case-by-case basis." In all types of IPs.

So that led me to thinking that a respected IP defense attorney might accept a pro bono case like the ax one because the blurring on what constitutes IP in cases similar to this one has already had some successful wins. With wins bringing in further business, paying business, for the firm. And as a worst case scenario for this case might find a judgment with legal costs recouped. Even in an out of court settlement that everyone signs not to disclose the settlement. Jick's bio on the firm's site does show a pro bono win he had that recouped attorney fees.
 
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Photoman15 said:
It was not Instagram doing this. It was a member (maybe) who downloaded or screenshot the images and blew them up and printed them. NO alterations were made to the picture. There may have been somethings added around the borders, don't remember and I'm not going to reread now. If Instagram did it, yes, their TOS probably allows usage but not $10,000.00 profit.
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I think everyone agrees that this is ridiculous. The problem is that I don't see it having much relevance here. Besides, just because "worse" offenses in your mind are allowed, doesn't mean this one is.

Really, I'm open to their being some kind of defense for Axanar, I just don't think anything you've posited holds weight here. I frankly have no idea what kind of defense they'll argue (if any, they could in the end just be seeking some kind of settlement to avoid ruining their business)-- but that's one reason why I've come to this website to discuss.

Whatever way this case goes, i'm really fascinated by the issue and have professional reasons to be following it as I work in a tangentially related field.
 
Unfortunately, when an opportunity to show bad taste and/or judgment arises someone is bound to do it. That said, such attacks do nothing to advance the conversation.
 
From the horse's ... mouth....
"

Alec Peters
January 23 at 7:36pm

OFFICIAL LAWSUIT Q&A

OK all, here is an official CBS Lawsuit Q & A. I know you all want more info, so I will try and post questions I keep getting and impart what I can since we have so many curious donors (and so many ridiculous armchair lawyers out there).

1) Have you formerly responded to the lawsuit?

Paramount/CBS lawyers granted us a 30 day extension. So we are working towards that due date of Feb. 22nd with our new attorneys at Winston & Strawn.

2) For people wanting to support the production, are you still accepting pledges?

While we closed the Indiegogo campaign, we are accepting donations through our retroactive donor packages for Prelude to Axanar since that campaign we can guarantee delivery of perks for!

http://www.axanarproductions.com/do...onor-Packages/c/11039150/offset=0&sort=normal

3) Given the the current challenges, can supporters who've already paid still expect to receive their 'perks’?

Absolutely. Even if this was to go to trial and CBS were to win and shut us down, we will figure our replacements for the Axanar Blu Rays, and everything else we will get to our donors! We already have plans for bonus perks for everyone f that were to happen.

4) When are you planning to share more with your fans about the lawsuit?

We will share information as we can give it here and on the website. Of course there is much we cannot discuss as we are involved in a lawsuit!"
 
Even if this was to go to trial and CBS were to win and shut us down, we will figure our replacements for the Axanar Blu Rays, and everything else we will get to our donors!
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So not only are they planning to create "replacements" for the Axanar rewards if they lose, they're still asking people to donate, when there is a real risk that supporters won't get what they're being offered. Yeah, that's not shady at all.
 
So, if I understand this right, they're asking people to donate towards a yet-to-be-made professional Star Trek production.

If CBS shuts them down, then the production will never be made. But don't worry, the Axanar team will make sure to give out the equivalent of $5 perks to everyone who donated $20 or more.
 
Tim Thomason said:
So, if I understand this right, they're asking people to donate towards a yet-to-be-made professional Star Trek production.

If CBS shuts them down, then the production will never be made. But don't worry, the Axanar team will make sure to give out the equivalent of $5 perks to everyone who donated $20 or more.
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It's like those commemorative quarters they sell for $10 on QVC.
 
Tim Thomason said:
So, if I understand this right, they're asking people to donate towards a yet-to-be-made professional Star Trek production.

If CBS shuts them down, then the production will never be made. But don't worry, the Axanar team will make sure to give out the equivalent of $5 perks to everyone who donated $20 or more.
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I see, still hoping the same anger that Axanar has steered to CBS could easily decide that the real fault lies elsewhere. somewhere, a definitive public expose of the 'build a company and claim it can use CBS fan film exemptions, and divert donor money to for profit buildout because one of the projects is funded by donors' strategy will be published in a widely read online site, it is only a matter of time. good luck stopping the wrath of fans with more spin in empty FAQs and retconning PR websites.
 
MikeH92467 said:
3) Given the the current challenges, can supporters who've already paid still expect to receive their 'perks’?

Absolutely. Even if this was to go to trial and CBS were to win and shut us down, we will figure our replacements for the Axanar Blu Rays, and everything else we will get to our donors! We already have plans for bonus perks for everyone f that were to happen.
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note... bonus perks, not refunds.
 
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