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CBS/Paramount sues to stop Axanar

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mkstewartesq said:
I'll repeat again that whether or not a script was "published" has no bearing whatsoever on whether that script is infringing copyright. I'm not sure why we keep discussing publication - but if I am missing something, I apologize and please let me know.

That being said, here is the official legal definition for "publication" under U.S. Copyright law.

'To publish a work is to distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending. Publication also includes offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display. A public performance or display of a work does not of itself constitute publication.' http://www.copyright.gov/help/faq/definitions.html
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Yep - fair enough - it does appear that the Axanar feature script has not been published - I stand corrected :)
 
I'm struck that with all the graphics that have originated out of this, one depicting Judge Klausner as either a Klingon tormenting Alec Peters or as some demented Santa haven't come up.
 
BillJ said:
But once you start distributing a script, there's a very real chance it ends up public.
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From a journalistic perspective, once something gets distributed, no matter how limited the audience is, the chances of you winning any claim against something as an "invasion of privacy" diminishes significantly.
 
Just FYI, despite whatever that argument was wherever it was (maybe it was on Facebook, not here) ... but someone once mentioned Salinger v. Random House as a basis for their argument that the fact the script wasn't published yet, that Fair Use would not apply.

While Salinger v. Random House DID state that, Congress later amended federal copyright law to include unpublished works as something that could be subject to Fair Use.

"The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors."
 
When I was in college, I worked at an amusement park. One of the supervisors was a Trek fan, but also one of the nastiest, most vile people you'd ever want to meet. He was the kind of guy that would wait until you were done something then go and mess it up just so he could giggle as you had to do it again. I even started a petition to have him removed. As much the irritant as the guy was, I'd never say he wasn't a fan. While some people may take exception to his personality, myself included, I don't know that you can say Alec Peters isn't a fan, either. If, in fact, he isn't, he spends an awful lot of time connected to something he doesn't like.
 
HMS Ark Royal said:
Same here - tons of Alternative universe characters and vessel designs in the prime universe as well

Peters is not a fan - I am calling him out as a liar, a cheat and a cur
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Thing is, supposedly the first what, 90 seconds of ST2009, until the singularity opens, takes place in the Prime Timeline, and when the Narada emerges, that's where the split begins, and the destruction of the Kelvin, which never happened in the Prime Timeline, seals the deal so to speak and the New Timeline begins.
 
Michael Hinman said:
Just FYI, despite whatever that argument was wherever it was (maybe it was on Facebook, not here) ... but someone once mentioned Salinger v. Random House as a basis for their argument that the fact the script wasn't published yet, that Fair Use would not apply.

While Salinger v. Random House DID state that, Congress later amended federal copyright law to include unpublished works as something that could be subject to Fair Use.

"The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors."
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We need the forum's in house lawyer...

*turns to look at corner of room*

OI, JANET - IS THIS TRUE...?
 
HMS Ark Royal said:
We need the forum's in house lawyer...

*turns to look at corner of room*

OI, JANET - IS THIS TRUE...?
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I'm not @jespah (thought I respect the hell out of her)- but I'll chime in just to say that the work at issue in that case- and whether it being published or not affected a fair use defense- was the work being infringed - not the work that is accused of being infringing.

So looking at it in two different contexts regarding Axanar's script.

1. The fact that Axanar is unpublished does not bar someone else (say a reviewer of the leaked script) from claiming that his use of the unpublished script is a fair use under copyright. You can make a legal fair use of someone else's unpublished work just as much as if that work had been published

and, from the other direction

2. The fact that Axanar is unpublished does not give Axanar itself any "special" grounds for claiming that its use of C/P copyrighted material should be allowed is a fair use under copyright just because its script hasn't been published (yet).

M
 
Bhodi Li said:
When I was in college, I worked at an amusement park. One of the supervisors was a Trek fan, but also one of the nastiest, most vile people you'd ever want to meet. He was the kind of guy that would wait until you were done something then go and mess it up just so he could giggle as you had to do it again. I even started a petition to have him removed. As much the irritant as the guy was, I'd never say he wasn't a fan. While some people may take exception to his personality, myself included, I don't know that you can say Alec Peters isn't a fan, either. If, in fact, he isn't, he spends an awful lot of time connected to something he doesn't like.
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I don't understand what does this one supervisor being a dick to you at work has anything to do with judging him being a super-fan of Star Trek like Alec Peters? If you two were working together at a Star Trek convention then that may makes some sense. But an amusement park? Was it a Star Trek amusement park?
 
Alec Peters seems to be disliked by a lot of people, like this supervisor of mine was, but to say he's not a fan because of that or his actions with Axanar doesn't seem fair.
 
Bhodi Li said:
Alec Peters seems to be disliked by a lot of people, like this supervisor of mine was, but to say he's not a fan because of that or his actions with Axanar doesn't seem fair.
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oh...ok. You're right, people shouldn't say Alec Peters is not a fan. People should say Alec Peters is an Opportunist IP Thief because of the overwhelming evidences.
 
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BillJ said:
Sure is lifting a lot from Abrams Trek to be saving Star Trek from it. :eek:
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If Alec Peters and Co. are the epitome of infallible creative genius they think themselves to be, why didn't they create their own science fiction universe? They could copyright and trademark their own intellectual property to their hearts content building their starry-eyed master plan Hollywood Amazon/Netflix type media empire.

Oh wait, that would take originality, work, and honesty. Never mind.
 
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