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CBS/Paramount sues to stop Axanar

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Michael Hinman said:
But you're absolutely right on this, Tom. This needs to be audited, and not just some spreadsheet that Peters puts out there. Where is all the money? Why can't they pay postage for perk fulfillment? What is going on?
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Can an audit be ordered as part of the litigation, discovery phase maybe (assuming its not settled out of court)? I would like to think that CBS's lawyers would want to have that type of evidence to show Axanar directly profited off there IP.

Mike, early this summer I heard from a some people connected to this, that they were all out of money from the first Kickstarter and that they would have an crowd funding campaign to ask for over a million to complete the whole film. Sure enough, in August they had a campaign stating they would need 1.3 million. I was not told where the money all went to, only that is was pretty much gone from the first KS. Make of that what you will.
 
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Tom said:
Can an audit be ordered as part of the litigation, discovery phase maybe (assuming its not settled out of court)? I would like to think that CBS's lawyers would want to have that type of evidence to show Axanar directly profited off there IP.....
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Ordering an audit should be possible (this would be analogous to having an art or auction house professional appraising a painting in some hypothetical unrelated dispute).
 
jespah said:
Ordering an audit should be possible (this would be analogous to having an art or auction house professional appraising a painting in some hypothetical unrelated dispute).
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Thanks Jespah, Would that also be a part of the public record as well?
 
Noname Given said:
I doubt they're happy and are probably realizing the chance of bringing Paramount/CBS to a settlement discussion is nigh impossible at this point.
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well, I could imagine a scenario where having this all play out in court somehow puts at risk some sort of long term direction the media industry insiders would like to steer IP law in the face of infinite cgi in the hands of anyone. Why risk a judgment that throws any sort of unexpected wrench in the mix, or forces the issues early... they might be willing to accept a "mosquito forever gone" solution if threatened with having broader issues aired in court.
 
Tom said:
Thanks Jespah, Would that also be a part of the public record as well?
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I'm not an attorney but my understanding of discovery findings is if either side includes the material in a court filing for summary judgment, or files it as evidence for the trial, it becomes public. as to whether intermediate filings during discovery are public, I don't know.

but if CBS demands an audit and then never files it with the court, it may remain private. I think the underlying reasoning for discovery not being public (if I understand correctly) is that information may be provided in discovery which shows no fault, or is irrelevant ultimately to making a case or a defense, and thus should not otherwise be made public.
 
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dodge said:
Don't they have a "fulfillment officer" or something like that?
Who gets paid to fulfill because they're a professional fulfiller, not just your regular fan kind of fulfiller mind you.
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And they're getting her an assistant.
 
muCephi said:
I'm not an attorney but my understanding of discovery findings is if either side includes the material in a court filing for summary judgment, or files it as evidence for the trial, it becomes public. as to whether intermediate filings during discovery are public, I don't know. but if CBS demands an audit and then never files it with the court, it may remain private.
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Court filings are, of course, public documents. I can envision a scenario whereby there could be an audit under condition that it be kept confidential unless the matter went to trial. Even then, there might be some redactions if Social Security numbers or bank account numbers were all over it. A CPA would know enough to conduct an audit and prepare a report without endangering anyone's identity, of course.
 
Michael Hinman said:
That's what is so funny about this, J.D. I mean, this guy has a screw or two loose.

He posts a comment on a Facebook comment area for G&T, and never hears back. So instead of thinking that maybe they just didn't get it, he calls them out and labels them "poseurs."

Then he spends 90 minutes begging me to interview him, I mostly pass, but out of respect for him, say I would think about it. Remind him he's already on record anyway, since we never established OTR. And when I decide to write about him without giving him his interview, he goes off on a tirade, lobbing insults at me.

Then when our social media people do an ICYMI Twitter post, he goes off on another tirade, and then deletes it. Then he gets in some pissing contest with Jody Wheeler, who simply walks away the bigger man, and I jump in ... and he's begging me again to interview him, while at the same time sending insults, lol!

It's like he's entitled to have an interview, and that the fact I don't want to interview him makes me a pussy. But here's the thing, he already subjected himself to an interview, and he already answered the questions I cared enough to ask. I have nothing else I care to ask. lol
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You realize this is some sort of trap right? The only reason they are so insistent that it be you and it be live, and periscoped is so that they can spring something on YOU.
 
BillJ said:
It is odd. They have people saying they want to give more money even though it is obvious there will be no movie.
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I just assume such people are habitual gamblers. It's the same mindset that says "I've already lost the company payroll, what's another $1000?"
 
steam235 said:
You realize this is some sort of trap right? The only reason they are so insistent that it be you and it be live, and periscoped is so that they can spring something on YOU.
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Oh, I'm sure. lol! It's very transparent, especially the insistence that I be there, and we do it live, lol! Yeah, I don't play those games. People who are being interviewed, especially those who are begging me to interview them, don't get to dictate terms.
 
Michael Hinman said:
Oh, I'm sure. lol! It's very transparent, especially the insistence that I be there, and we do it live, lol! Yeah, I don't play those games. People who are being interviewed, especially those who are begging me to interview them, don't get to dictate terms.
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Considering Alec Peters already claimed your site 'mis-quoted' him; and posted on facebook for his followers not to link Axanar articles from your site there as it 'only drives traffic to their site'; I'm amazed Mr. Burnett (or anyone else from Axanar) would effectively 'beg' for another interview by yourself or someone else associated with the 1701 News site. The fact Mr. Burnett obviously is/has been begging just doesn't pass the smell test here - IE they must have something 'planned' for you; and figure you'd jump at the bait - which just is more proof of how little grasp on reality they must have at this point.

The Axanar productions group at this point is really looking and acting pathetic (IMO).
 
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