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CBS/Paramount sues to stop Axanar

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I assume his original intent was just to make the film. Correct me if I'm wrong, but over a million dollars raised for a fan film is pretty unprecedented. I don't think anyone, Alec included, could have anticipated that kind of money rolling in.

Perhaps.........but others mentioned a sports-themed business and then Propworx that ended up going bankrupt - that created just a bit of doubt in my mind (but YMMV I guess)
 
So, however they may spin this at Axanar it doesn't sound like this is good news for them. More like the studio wants to cut to the chase - "What, they want us to be more specific about how they're ripping us off? All righty, then!" ;)




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Sounds like the court system moving forward as usual and not the victory that their spin doctoring is making it out to be.
 
So, however they may spin this at Axanar it doesn't sound like this is good news for them. More like the studio wants to cut to the chase - "What, they want us to be more specific about how they're ripping us off? All righty, then!" ;)




1497000_1558278731151214_4026512794872454725_n.jpg
^^^^^^^"...the strentgh of our motion...":guffaw:
Again, I just work for a court, but PLEASE - even a new legal intern would be laughing at a motion that tries to cite the Pentagon Papers case (1971 - it was a case involving the POTUS during the time of what became the Watergate scandal) in a copyright infringement case based on a fictional work. I'll bet the Judge was both rolling his eyes and/or laughing as he read that in the Axanar motion.

Basically, the Axanar legal team thought somehow, those six specious arguments for outright dismissal would bring CBS/Paramount screaming to the settlement table - and Mr. Peters could get any settlement he wanted (IMO - Axanar's 'crack' legal seemed to be more on crack when crafting said motion to dismiss.)

Basically, what CBS/Paramount has probably decided to do is:
1) Present (read bury) Axanar's legal team (and the court) with ALL the documentation (which they have) showing CBS/Paramount hold valid/legal copyright over EVERYTHING 'Star Trek'.

2) Go over "Prelude to Axanar" and the 3 minute Vulcan scene and IN DETAIL outline every violation they see; and hell, they'll also include all the "Axanar merchandise" from the USS Ares models, to the T-shirts, Patches, Coffee bags, etc.

The Axanar team requested 'specifics' - and they're going to most likely be buried in specifics; to their extreme detriment.
 
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^^^^^^^"...the strentgh of our motion...":guffaw:
Again, I just work for a court, but PLEASE - even a new legal intern would be laughing at a motion that tries to cite the Pentagon Papers case (1971 - it was a case involving the POTUS during the time of what became the Watergate scandal) in a copyright infringement case based on a fictional work. I'l bet the Judge was both rolling his eyes and/or laughing as he read that in the Axanar motion.

Basically, the Axanar legal team thought somehow, those six specious arguments for outright dismissal would bring CBS?Paramount screaming to the settlement table - and Mr. Peters could get any settlement he wanted (IMO - Axanar's 'crack' legal seemed to be more on crack when crafting said motion to dismiss.)

Basically, what CBS/Paramount has probably decided to do is:
1) Present (read bury) Axanar's legal team (and the court) with ALL the documentation (which they have) showing CBS/Paramount hold valid/legal copyright over EVERYTHING 'Star Trek'.

2) Go over "Prelude to Axanar" and the 3 minute Vulcan scene and IN DETAIL outline every violation they see; and hell, they'll also include all the "Axanar merchandise" from the USS Ares models, to the T-shirts, Patches, Coffee bags, etc.

The Axanar team requested 'specifics' - and they're going to most likely be buried in specifics; to their extreme detriment.
So basically, Peters' counsel gave CBS/P an outlet to choose to turn up the heat on them. Essentially (though I'm certain not intentionally) the motion threw gasoline onto the fire. Is that about right?
 
Perhaps.........but others mentioned a sports-themed business and then Propworx that ended up going bankrupt - that created just a bit of doubt in my mind (but YMMV I guess)

Oh, I agree, there are red flags everywhere. Giant, brilliant red flags. Entire fields of vibrant, waving red flags. But to think his very first intention was to build a studio using crowd sourced donations? Like if someone came up with the idea of beginning their recording empire by kickstarting their mix tape. I guess it's possible, but with foresight like that, maybe he should be on Wall Street instead.

*edit: He does have the hubris necessary to think he could raise that much. I suppose one of the marks of a good con man is being able to talk people out of their money. Which he has.
 
^^^^^^^"...the strentgh of our motion...":guffaw:
Again, I just work for a court, but PLEASE - even a new legal intern would be laughing at a motion that tries to cite the Pentagon Papers case (1971 - it was a case involving the POTUS during the time of what became the Watergate scandal) in a copyright infringement case based on a fictional work. I'll bet the Judge was both rolling his eyes and/or laughing as he read that in the Axanar motion.

Basically, the Axanar legal team thought somehow, those six specious arguments for outright dismissal would bring CBS?Paramount screaming to the settlement table - and Mr. Peters could get any settlement he wanted (IMO - Axanar's 'crack' legal seemed to be more on crack when crafting said motion to dismiss.)

Basically, what CBS/Paramount has probably decided to do is:
1) Present (read bury) Axanar's legal team (and the court) with ALL the documentation (which they have) showing CBS/Paramount hold valid/legal copyright over EVERYTHING 'Star Trek'.

2) Go over "Prelude to Axanar" and the 3 minute Vulcan scene and IN DETAIL outline every violation they see; and hell, they'll also include all the "Axanar merchandise" from the USS Ares models, to the T-shirts, Patches, Coffee bags, etc.

The Axanar team requested 'specifics' - and they're going to most likely be buried in specifics; to their extreme detriment.
I do have to wonder what the thought process behind the whole thing with wanting CBS/Paramount to prove they own Star Trek. Did they actually think that CBS/Paramount would have trouble proving that ? Star Trek might not be on the level of Marvel, or Star Wars, but it's still a popular money making franchise, so I don't see CBS/P having any trouble proving it's theirs. Even if it's just an attempt to slow things down, with all of the licenses their are constantly signing for Trek, I'm thinking they've probably gotta have that paperwork pretty handy.
 
Could it be that the reason CBS / Paramount chose to refile was because they didn't have enough time to file a response they liked because the date extension was denied by the judge?
 
So, however they may spin this at Axanar it doesn't sound like this is good news for them. More like the studio wants to cut to the chase - "What, they want us to be more specific about how they're ripping us off? All righty, then!" ;)

1497000_1558278731151214_4026512794872454725_n.jpg

{snipped for length}

Basically, what CBS/Paramount has probably decided to do is:
1) Present (read bury) Axanar's legal team (and the court) with ALL the documentation (which they have) showing CBS/Paramount hold valid/legal copyright over EVERYTHING 'Star Trek'.

2) Go over "Prelude to Axanar" and the 3 minute Vulcan scene and IN DETAIL outline every violation they see; and hell, they'll also include all the "Axanar merchandise" from the USS Ares models, to the T-shirts, Patches, Coffee bags, etc.

The Axanar team requested 'specifics' - and they're going to most likely be buried in specifics; to their extreme detriment.

So basically, Peters' counsel gave CBS/P an outlet to choose to turn up the heat on them. Essentially (though I'm certain not intentionally) the motion threw gasoline onto the fire. Is that about right?

Yep. This is a case of - careful what you wish for.

Specificity is laughably easy to find. Wanna follow along, kids? Go to the Library of Congress's Copyright Search Page and select 'Other Search Options'. Select 100 records per page (pull-down menu on the left). Type Star Trek into the top search box. Quotation marks are unnecessary. Don't change any of the other settings. Click Begin Search. At the next screen, select Sort by Full Title. Go to page 6801 (it's easiest to start at the end and work your way backwards).

Select Whom Gods Destroy (there are two such records). Those are just the copyrights on the episode where Garth of Izar is introduced in TOS.

Want more? Browse all you like (unlike with PACER, Library of Congress documents are free for the perusal/download). Note: the Library of Congress's search is not the best. You will get some false positives. But these public records are right there for anyone to find.
 
Oh, I agree, there are red flags everywhere. Giant, brilliant red flags. Entire fields of vibrant, waving red flags. But to think his very first intention was to build a studio using crowd sourced donations? Like if someone came up with the idea of beginning their recording empire by kickstarting their mix tape. I guess it's possible, but with foresight like that, maybe he should be on Wall Street instead.

*edit: He does have the hubris necessary to think he could raise that much. I suppose one of the marks of a good con man is being able to talk people out of their money. Which he has.

Wall Street..........I'm surprised no one's mentioned that before!
 
The strength of their motion? He can't really think he's the one with power in this situation, can he? It has to be bluster. Right?

one has to smile. the NORMAL process for responding to any defense motion to dismiss is to allow the plaintiff to amend their filing, or even refile if necessary, to be more clear. AP has power in this situation the same way he has a stick that got in one poke at a grizzly.
 
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Could it be that the reason CBS / Paramount chose to refile was because they didn't have enough time to file a response they liked because the date extension was denied by the judge?

[c/p raise finger] sorry, let me take this call...
[to phone] yea, confirmed. you have a go and the coordinates.
[to AP] ooo, you got us
 
So, however they may spin this at Axanar it doesn't sound like this is good news for them. More like the studio wants to cut to the chase - "What, they want us to be more specific about how they're ripping us off? All righty, then!" ;)




1497000_1558278731151214_4026512794872454725_n.jpg
Paramount wanted an extension, but the Judge denied it. Supposedly he doesn't like delays. So since they couldn't get the extension, it looks like they'll just add on to what they already have, since they have just under three weeks to do it.
 
Paramount wanted an extension, but the Judge denied it. Supposedly he doesn't like delays. So since they couldn't get the extension, it looks like they'll just add on to what they already have, since they have just under three weeks to do it.
You mean... CBS/Paramount. :)
 
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