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CBS/Paramount sues to stop Axanar

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jespah said:
Prospective Juror, please tell us what you think when you hear the following words:
  • Indiegogo
  • Klingon
  • Boomer
  • Coffee
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billthecattrial1bade.jpg
 
jespah said:
Prospective Juror, please tell us what you think when you hear the following words:
  • Indiegogo
  • Klingon
  • Boomer
  • Coffee
Click to expand...
The first describes a race held every Memorial Day weekend in Indianapolis. The second describes a child who is too attached to a parent. The third refers either to a nuclear submarine or Chris Berman. The fourth, ice cream.

I do actually wonder which side would be hurt more by having any Trekkies on the jury. Of course, we're such a varied lot, depending on the type it could help either one.

More seriously, I wonder how much having some knowledge of copyright law would affect one's chances of being a juror if it went that far.
 
carlosp said:
Michael, I don't deny the existence of the footnote. But motions don't only have a judge as their audience. Yes, the judge is the only one that ultimately counts
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Let me stop you right there, because you just made my response for me. :)

but how that motion is perceived by the public plays into the word choice of an attorney. And you know as well as I do that the word mockumentary was quite deliberately chosen by Axanar's attorney. We may quibble about what the reason behind it may be but it's not just a happenstance word.
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I actually don't believe that. Because the definition she used is the definition I used for "mockumentary." And it matches the definition I look in a primary resource. It's a mock documentary. It doesn't mean it's a parody, and nowhere does she use the word "parody." Nor would it need to be implied here ... this s not a defense. This is a motion to dismiss or strike.

Just look at the public hoo-hah around the "fans need Star Trek explained" meme that emerged from the motion. It's exactly the kind of distraction an attorney wants — make people look at what's wrong with the plaintiffs instead of pondering the alleged wrongdoing by the defendants. Score 1 for the defense.
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But what does that accomplish, Carlos? There is no need for her to win any battles in the public opinion court. Because right now, the real power is in the judge's hand. And I'm sure he doesn't give two you-know-whats about what the public thinks, nor should he. He should be making a determination by law, and I'm sure that's what he's doing.

This is a federal judge. He was appointed for life. He doesn't need to answer to the public. Only to the law.

Another goal for the motion was to up-end a key assumption in the complaint, namely that Prelude and Axanar are both two parts of a greater whole, "The Axanar Works," as described in the complaint. So that goal was to find a way to divide the Axanar Works into two parts, and not simply two constituent parts but two intrinsically different ones.
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Yes, I agree. The motion is explicit in this.

So instead of Prelude being an introduction to the full story of Axanar, and instead of Prelude being an advertisement specifically created to drive fundraising from Star Trek fans using CBS' intellectual property, it instead becomes a standalone "mockumentary" that should be judged completely separately from the feature, Axanar. Imagine how convenient, the word mockumentary becomes. It's a word with multiple meanings, and the majority hint at parody or satire. The point of this tactic isn't necessary to see through a fair use defense to its completion as much as it is to successfully divorce Prelude from Axanar, where once they were viewed as parts of a greater hole.
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I disagree. This is speculation.
 
Franklin said:
The first describes a race held every Memorial Day weekend in Indianapolis. The second describes a child who is too attached to a parent. The third refers either to a nuclear submarine or Chris Berman. The fourth, ice cream.

I do actually wonder which side would be hurt more by having any Trekkies on the jury. Of course, we're such a varied lot, depending on the type it could help either one.

More seriously, I wonder how much having some knowledge of copyright law would affect one's chances of being a juror if it went that far.
Click to expand...
Shame it is not in Little Rock Then they might've gotten "the commander" on the jury
 
jespah said:
Prospective Juror, please tell us what you think when you hear the following words:
  • Indiegogo
  • Klingon
  • Boomer
  • Coffee
Click to expand...
1) Indegogo - Um, a middle-eastern Indian themed discotheque.
2) Klingon - What my ex-girlfriend was doing too much of. That's why I ended the relationship.
3) Boomer - A character from the popular Sci-Fi channel show from a decade ago...what was it....oh, yeah...Battlestar Galactica.
4) Coffee - Starbucks.
:beer::crazy::nyah:
 
I find this interesting:

http://axanar.e-presscenter.com/201...ion-to-dismiss-filed-monday-february-22-2016/

According to Axanar Production’s Alec Peters, “Our interest is in resolving this with CBS and Paramount in a manner that addresses their concerns while allowing us to fulfill the wishes of thousands of fans who have contributed both financially and in-kind to tell this never-before-seen story. Although our initial settlement offer made to CBS the day we received the original complaint was rejected, we look forward to the opportunity to work something out that can be mutually beneficial to all parties.”

“One of the great things about Star Trek has been the intimate relationship the franchise enjoys with its fans. It was fans who saved the original show from going off the air in the 1960’s and it was fans who continued telling Star Trek inspired stories after the show was cancelled. We hope to continue that tradition like so many other fans around the world.”
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So they made an offer to settle and it was rejected. Also this is telling: "allowing us to fulfill the wishes of thousands of fans..." Fans of what? Star Trek? But your filing suggests you're saying it's not proven you ARE making a Star Trek film (except for--you know--STAR TREK ALL OVER YOUR CROUDFUNDING CAMPAIGNS!).
 
Jay said:
I find this interesting:

http://axanar.e-presscenter.com/201...ion-to-dismiss-filed-monday-february-22-2016/



So they made an offer to settle and it was rejected. Also this is telling: "allowing us to fulfill the wishes of thousands of fans..." Fans of what? Star Trek? But your filing suggests you're saying it's not proven you ARE making a Star Trek film (except for--you know--STAR TREK ALL OVER YOUR CROUDFUNDING CAMPAIGNS!).
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"It's too late for settlements - CBS/Paramount will no longer stand by and allow you and your followers to continue to violate our copyrights........"

ds9-thejemhadar12.jpg
 
Boomer can be linked to Star Trek also. In Enterprise it describes people that were early space pioneers, like Ensign Travis and his family.
 
It's really funny how many people claim "no dog in this fight." I hadn't heard that phrase in years and now on three different sites various people have used it in regards to this case.
 
Bhodi Li said:
It's really funny how many people claim "no dog in this fight." I hadn't heard that phrase in years and now on three different sites various people have used it in regards to this case.
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I'd wager that the ones saying that (the loudest/most often) are out-and-out lying......
 
^Which cave do you live in? Pretty common expression.

Promise we're not meeting separately to plan our posts or hired by Bad Robot. Pinkie Swear! ;)

Personally? Not a donor, not much of a consumer of fan fic/films. This case is just sorta interesting, like driving by a car wreck. Peters went way too far, got greedy, and is determined to go out in a hail of gunfire despite having no case. I just wanna watch. Don't really much care about the result, just want to see the bodies...
 
Scout101 said:
^Which cave do you live in? Pretty common expression.

Promise we're not meeting separately to plan our posts or hired by Bad Robot. Pinkie Swear! ;)
Click to expand...
The third one to the right, the one the pizza guy keeps not finding, why?
 
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