What a terrible deal. Jesus. I am sure he was basking in the never ending flow of money when he made it, but stilll....
He is a horrible businessman.
CBS/Paramount sues to stop Axanar
- Thread starter Richard Baker
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He is a horrible businessman.
Morals?
If he had morals, he'd have admitted he was wrong already and not pushed his load of
.Or is that ethics? I always confuse the two
Exactly! It's nothing like a Star Trek ship, except for all the places where it's exactly like a Star Trek ship. I mean, the nacelles are below the saucer! Duh!I don't know how anyone can say this looks like its related to Star Trek...
That kinda goes without saying. Cuz he's trying to make a living off of someone else's property. Not savvy at all.
Banned.Fixed it.
What? He's like Donald Trump. Mr. Peters has only had a couple of Bankruptcies but hey it's all a part of successful business ventures....oh, wait...
Triple-net is pretty typical for that kind of space. I doubt he could have negotiated out of it. It's a hassle for the landlord if some leases are triple-net and some aren't at the same property. So he probably had to either take it or leave it.
And if it wasn't triple-net, then the lease would have a clause so that he would have to pay any difference in increased operating costs each year in addition to the minimum/base rent which already has an estimate of such costs figured into it. The landlord has to recoup this stuff somehow.
Kor
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Fixed it.
There's no deflector dish! How can it be an IP violation without the dish?!?
He's taken a rolling pin to the engineering hull too!
Thanks. Heh, I never thought I would be using my work experience on a Trek message board.
Kor
I'm sorry I've forgotten who asked this.
Re arbitration and mediation. I had to look this up so YMMV -
Looks like it varies in terms of who pays for an arbitrator. In Chavarria v. Ralphs Grocery Co., No. 11-56673, 2013 WL 5779332 (9th Cir. Oct. 28, 2013), the plaintiff was forced into arbitration and the US Court of Appeals for the Ninth Circuit (that's Federal court, sports fans) found the employer had to pay for it (they didn't like her labor contract, either). But this was based on California state law requiring an employer pay for arbitration.
Harris Kaufman, in what looks to be general information on their attorney Matthew A. Kaufman's page says in an arbitration, a client may be required to pay a portion of the arbitrator's fee.
As for mediation, per a website called Free Advice (I can't vouch for their accuracy or whether their information is at all up date), it seems the parties chip in.
As for whether one or the other is binding, it appears there is a movement afoot to split the difference and create, you guessed it, binding mediation. The cited article is from 2012; I'm not sure if binding mediation is a thing yet in California. Note: it might not be.
Just as a general statement, most states have horrible trial backlogs, so alternative dispute resolution is often encouraged. Doesn't mean it will happen here, but if this matter is settled, it may be via one of these creative alternative methodologies.
Re arbitration and mediation. I had to look this up so YMMV -
Looks like it varies in terms of who pays for an arbitrator. In Chavarria v. Ralphs Grocery Co., No. 11-56673, 2013 WL 5779332 (9th Cir. Oct. 28, 2013), the plaintiff was forced into arbitration and the US Court of Appeals for the Ninth Circuit (that's Federal court, sports fans) found the employer had to pay for it (they didn't like her labor contract, either). But this was based on California state law requiring an employer pay for arbitration.
Harris Kaufman, in what looks to be general information on their attorney Matthew A. Kaufman's page says in an arbitration, a client may be required to pay a portion of the arbitrator's fee.
As for mediation, per a website called Free Advice (I can't vouch for their accuracy or whether their information is at all up date), it seems the parties chip in.
As for whether one or the other is binding, it appears there is a movement afoot to split the difference and create, you guessed it, binding mediation. The cited article is from 2012; I'm not sure if binding mediation is a thing yet in California. Note: it might not be.
Just as a general statement, most states have horrible trial backlogs, so alternative dispute resolution is often encouraged. Doesn't mean it will happen here, but if this matter is settled, it may be via one of these creative alternative methodologies.
Well, at this point it's unclear what CBS/Paramount will ask for so if I thought my new career was going to be Hollywood Studio Executive, I would cover my butt and made sure I at least built out the studio and had enough money to pay the rent and utilities until the studio was self sustaining.
I mean, what's to stop him from doing an Ares Studio Kickstarter and keep the studio going even after a settlement? Axanar goes bankrupt, Alec personally goes bankrupt, Ares Studios is formed as a new entity and viola! Back in business.
Regarding how much in legal fees CBS/Paramount are willing to pay, they are no doubt willing to pay millions in legal fees, if it comes to that, because the future value of the Star Trek IP is at stake, and that's worth at least a billion. Of course CBS/Paramount don't want to flush money down the drain, legal fees included, but if they agree to settle, it will be because they get literally everything they want. Axanar has no leverage.
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