My point was there are no bridges to burn. Will people take his calls after this? No more or less as they would have before, which is none. He has no producer's career to ruin because he's not a professional producer. He was so hyped on hiring people with pro credits he forgot to get any himself. The closest he can get to a REAL job with "Produce" in it would be at a grocery.
CBS/Paramount sues to stop Axanar
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My point was there are no bridges to burn. Will people take his calls after this? No more or less as they would have before, which is none. He has no producer's career to ruin because he's not a professional producer. He was so hyped on hiring people with pro credits he forgot to get any himself. The closest he can get to a REAL job with "Produce" in it would be at a grocery.
There is a punchline in here somewhere...
That is how it works, just make sure you don't make a too professional job of it, or Andrew Lloyd Webber will sue you for excellence.
Actually, he sold props and went bankrupt. I don't know how you can fuck up selling sci-fi props to nerds, but he did.
I'm surprised Axanar haven't accused Paramount of ripping them off, if this concept art of Beyond's USS Franklin is anything to go by
I know you're joking, but here's a thing anyway: there are only so many ways you can stick two or three cylinders and a saucer together, and people have been doing it now for fifty years.
Also, any more specific similarities are details that Axanar lifted from the Kelvin and other JJTrek ships.
So, on that thought, I did some quick research to see what Alec won his coveted Ernst & Young Entrepreneur of the Year Award in 2003 (per Axanar's website). After all, his bio infers that starting five companies earned him such an honor. So, I visited Ernst & Young's Hall of Fame. First, he did win the award. But he did it in 2004. Minor error. I can live with that. But, his award is only for one of his companies named Auctionworks (really poor writing... not surprised), which he won for "Realizing Business Potential." I'm taking two things away from this: The first being it seems to me he can do well with auctions. Maybe he got in over his head with Propworks.
The second thing is: Alec really needs to stop utilizing "works" in his businesses.
A case of "I meant what I said, except I didn't. But again, I did."
I said "he knows how to do" not "he knows how to do well"
He was better at selling props than making movies - or fantasy sports websites.
I'm not sure he's had any really good ideas in Trek stories that would merit a second chance if he loses Axanar. I mean let's be real, any one of us could have been watching "Whom Gods Destroy" and thought to ourselves, "it would be neat to see the battle of Axanar. Maybe the event that made Garth great also sowed the seeds for his eventual madness. Perhaps he's a tragic hero." It would be like watching "Space Seed" and thinking, "hmm, it would be interesting to see what happened to Khan and his people fifteen years later, especially if they had gotten stranded and abandoned." Of course, that movie got made.
If he didn't make much money on it - I would agree with you. That's him not doing it well.
He did it so poorly that the company imploded. Its like not being able to sell crack to a crack head and not only not knowing when it's time to quit or at the very least change tactics but doing it so badly for so long that you go bankrupt.
It occurs to me that this Situation is, of course, a Got Damn Shame, and all the Legal Rest, but, has anyone thought about Axanar-Gate, in terms of its future effects on possible Fan Films? Depending on the ultimate ruling, will there even be a prayer of any kind of creative "amateur" endeavor?
I'm not a lawyer, but a family member was recently on the good side (right side, legally) of a settlement. A settlement can occur any time in the process, even if the case is before a judge or jury. In our case suit hadn't been filed, but was used the threat as a bargaining chip that helped lead to the settlement. Accusations were presented to the other side, but no formal papers were ever filed or served. The other side did not want to go to court (and neither did anyone, actually). Lawyers spent a long time talking to lawyers and laying out the logic of why a settlement was good for both sides. There's some bluff and bluster on both sides, and a few threats (it looked for a while like it may make it to court), until both were convinced a settlement was in the interest of both parties. It took about four months.
I can tell you one needs a bulldog for a lawyer in these incidents. Someone you wouldn't want to play poker with.
In the Axanar case, CBS has all the leverage because they are so much in the right and they've already served papers, so Peters has been called out. As our lawyer said, the side that can say, "See you in court," is dictating the negotiations. Any settlement offer Peters' people table or legal question they raise can be met by that response from CBS. CBS his holding a strong hand with high trump cards. They will dictate the terms of any settlement. What I think Peters' lawyers have to balance is whether they'll get better results from a settlement or if they should take their chances in court. I believe it's the former and not the latter. In most cases like this, neither side really wants to go to court (I don't think CBS wants a legal bill in the high six figures just to shut this guy down -- Peters paying their legal bills is problematic at best, a judge doesn't have to require it, and Peters doesn't have the money in the first place). To that end, CBS may toss Axanar a bone in a settlement if it can get eight or nine of the ten things it might have received in court.
At least that's my experience with the settlement process. We can still wait for a lawyer to respond.
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I'm sure there was "carpet" that was needed then as well..............I'm not sure Propworx's problem was failure to move merchandise; looks like it was more a matter of getting the money to the creditors...for one reason or another.
Thanks, Franklin.
The reason I ask is this: if it's true that Axanar's lawyers are seeking a settlement (an assumption, if a reasonable one) are they likely to a) already be reaching out to CBS and b) have a fairly good idea at this moment of how good a chance they have of negotiating something?
The reason I ask is this: if it's true that Axanar's lawyers are seeking a settlement (an assumption, if a reasonable one) are they likely to a) already be reaching out to CBS and b) have a fairly good idea at this moment of how good a chance they have of negotiating something?
Yes. The biggest bugaboo was a contract with MGM that Propworx didn't honor or fulfill. It was for about $300,000.I'm not sure Propworx's problem was failure to move merchandise; looks like it was more a matter of getting the money to the creditors...for one reason or another.
Again, all signs point to Alec trying to soak up leftover Axanar money and sink it into his prop business. The fact that he has liberally distributed props around his office and "accidentally" shown them in his Ares Studios videos that he posts on the blog in my opinion shows that he is interested in using his loyal following as a base to restart/revitalize Propworx.
You're welcome. In practical truth (but not reality), the Axanar case could be settled tomorrow. My guess is the lawyers of both sides have been in contact, at least in back channels. The thing is, CBS is so strong in this, Axanar is almost at their mercy. It doesn't seem the egos involved on the Axanar side are the type to settle, especially if it admits loss. And I think CBS will require any settlement to have admit Axanar it was in the wrong. The last thing is if CBS is bound and determined to send this to court (and they'd do that only if they believe they have a 99.44% chance of winning) to make a statement, Axanar and their lawyers are just along for the ride, then. In other words, maybe there's an outside chance CBS does not want to settle.
If I were Axanar's lawyers, I'd tell Peters to expect to lose, and I'd try to be negotiating a settlement that essentially gives him an honorable way out. You know, like how military spies would ask to be put in front of a firing squad instead of being hanged.
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Yes, the attorneys have already been in communications (that's how the deal to extend the time to answer if production ceased came about). Have they talked settlement yet? I don't have an ear in that room of course, but it would not surprise me. It could be as informal as asking, "How much/what does it take to make this go away?" to the sides writing letters or emails.
It's possible a mediator or arbitrator would be brought in. The main difference between arbitration and mediation is that arbitration is more like a hearing. We would not necessarily be able to find out whether that was happening unless someone went public with that.
It's possible a mediator or arbitrator would be brought in. The main difference between arbitration and mediation is that arbitration is more like a hearing. We would not necessarily be able to find out whether that was happening unless someone went public with that.
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