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CBS/Paramount sues to stop Axanar

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I think it may be game over if CBS can demand an accounting of what the money was spent on. I don't know if they can do it.

Of course they can. That's what discovery is for. I wonder if Alec Peters has really thought this through — that this lawsuit opens up his operation to incredibly close scrutiny by the opposing side: Spending, emails, documents, all of it. The possibility of this information going public at trial raises the stakes and only chips away at what little leverage Peters already has going into settlement negotiations.
 
Of course they can. That's what discovery is for. I wonder if Alec Peters has really thought this through — that this lawsuit opens up his operation to incredibly close scrutiny by the opposing side: Spending, emails, documents, all of it. The possibility of this information going public at trial raises the stakes and only chips away at what little leverage Peters already has going into settlement negotiations.

Of course he's thought about it. He is an attorney after all. (Or would that be Attorney (TM)?)
 
I'm finding it rather ironic that they just reported a youtube video that (I guess) used Axanar footage in their critique as having violated *Axanar's* copyright. Excuse me while I go laugh myself to sleep.

Yeah. This has went beyond comical to just plain sad.
 
It's just the pettiness on Peters' part that makes it all so remarkable. That's really the best way to describe his behavior toward any sort of criticism, petty and reactionary. Because of that need to constantly defend himself at the expense of censuring any criticism, Peters can't see what a pallor this casts over him.

I don't know that Peters is losing any support for Axanar, but he's sure not doing a thing to build up what support he has.
 
Of course they can. That's what discovery is for. I wonder if Alec Peters has really thought this through — that this lawsuit opens up his operation to incredibly close scrutiny by the opposing side: Spending, emails, documents, all of it. The possibility of this information going public at trial raises the stakes and only chips away at what little leverage Peters already has going into settlement negotiations.

I'd not been clear how reciprocal discovery is. I have been under the impression that it is primarily to allow the accused access to the evidence against them, not to allow the plaintiffs to root around for evidence. Aside from which there is the right of a defendant not to self incriminate.

I'm finding it rather ironic that they just reported a youtube video that (I guess) used Axanar footage in their critique as having violated *Axanar's* copyright. Excuse me while I go laugh myself to sleep.

Someone should tell Axanar management about "fair use", they obviously are not informed on this matter.

Like there's no drama already? I mean, this is the scandal that launched a thousand Downfall parodies.

There's still the Trek memes to conquer. When donors start posting Picard head slaps, and then Garth memes, and the twitterverse knows what it is about, we have launch.
 
From the director of Prelude To Axanar:



View attachment 1281
Wow, I didn't realize someone who worked that closely with him had turned against him like that.
It's just the pettiness on Peters' part that makes it all so remarkable. That's really the best way to describe his behavior toward any sort of criticism, petty and reactionary. Because of that need to constantly defend himself at the expense of censuring any criticism, Peters can't see what a pallor this casts over him.

I don't know that Peters is losing any support for Axanar, but he's sure not doing a thing to build up what support he has.
Honestly, at this point I don't think there's anything he could do to lose the the Axanards. Hell at this point it could turn out he's the second coming of Hitler or Bin Laden and they'd probably still be just as devoted to him.

I don't really see how there is anyway the movie could be allowed to continue. It would just completely open the floodgates for these kinds of projects.
 
Of course they can. That's what discovery is for. I wonder if Alec Peters has really thought this through — that this lawsuit opens up his operation to incredibly close scrutiny by the opposing side: Spending, emails, documents, all of it. The possibility of this information going public at trial raises the stakes and only chips away at what little leverage Peters already has going into settlement negotiations.

I'd not been clear how reciprocal discovery is. I have been under the impression that it is primarily to allow the accused access to the evidence against them, not to allow the plaintiffs to root around for evidence. Aside from which there is the right of a defendant not to self incriminate.

Discovery, while not perfectly reciprocal, can be performed both by and against all parties in a lawsuit. During the discovery phase people/entities not directly party to the lawsuit can be served discovery via subpoenas.

Depending on how CBS/Paramount and Team Axanar want to play, discovery in this case could be fascinating as, on one side Axanar could be forced to more accurately account for its bookkeeping, among other things, while on the other CBS/Paramount are open to a fishing expedition, particularly if Axanar persists with this, “But the other guys get to do it, why are you picking on me?” line of argument which might play well in front of a jury.

Discovery also provides a potential avenue for Axanar to prolong the case and inflict financial pain on CBS/Paramount, making them more likely to settle. While the FRCP are intended to prevent this sort of thing, you’re dependent on the judge to stop frivolous discovery if the other party is engaging in discovery shenanigans.

Sorry for putting all this before actually introducing myself. Hi. I'm James. First time caller, LONG time listener. I donated to Axanar at least twice (maybe a third time, I am not sure) as well as a few other fans films. In my day job, while I am not a lawyer, I work as a discovery consultant for large corporate clients, so I am really excited about that phase of this lawsuit.
 
Why would people throw money at this guy when he has two shorts to his name?

He told everyone he was a Hollywood producer. He sounded like a bigshot. I heard him described as wealthy producer in a story.

shenanigans.

Sorry for putting all this before actually introducing myself. Hi. I'm James. First time caller, LONG time listener. I donated to Axanar at least twice (maybe a third time, I am not sure) as well as a few other fans films. In my day job, while I am not a lawyer, I work as a discovery consultant for large corporate clients, so I am really excited about that phase of this lawsuit.

Hey James, big welcome to you. I love a person who uses shenanigans in a legal discussion. Former legal proofreader here. I used to work at Skadden Arps. When they went scorched earth in discovery, it was meant to hurt you. Your knowledge will be very useful as we proceed. I love that this place thrives on factual information. Or at least this thread does.
 
Did someone really call Dennis "Sweety" a page or so ago? :eek:

I have read articles and opinions with conclusions (suppositions) of some kind of settlement or "Win-Win" scenario, as was mentioned upthread. I wonder if the "Fact" of this notion, Posted by various posters, comes from articles like the one I linked below. It is older, but note the words towards the end...???


http://sccougar.com/2016/01/01/paramount-cbs-file-lawsuit-against-axanar.html

I agree with the opinion and feeling that CBS will (have to) go for blood first...otherwise, as the Poster Formerly Known as Dennis ( :biggrin: ) said...CBS will face this again and again...
 
I am really excited about that phase of this lawsuit.

hi. another question.. isn't it true that discovery is not public except to the extent the information is attached to formal filings with the court, and even then, only if attached to a motion for summary judgment, or presented in a trial? What would be there to excite you until (the perhaps unlikely event) of a trial?
 
He didn't really extrapolate outside of 'Defamation! Defamation! Defamation!'. The tantrum was up on Facebook for about a day, and then deleted.
He's been alluding to it in multiple posts all over Facebook as recently as yesterday in his efforts to defend his obnoxious comments in Monday's 1701news article. He's been blasting both James Cawley and Vic, ranting about having to serve a cease and desist on Vic for his "constant defamation" against Axanar going all the way back to the premiere of Prelude. He's been making quite a spectacle of himself.
 
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