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CBS/Paramount sues to stop Axanar

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I've got most (it might be all) of the documents in blog posts - http://www.gandtshow.com/author/janet/

Download whatever you like; it's all a matter of public record and the documents have been paid for.

Thanks for that (and the analysis). I can't possibly imagine the legal bills this case is generating. Regarding the clarity issue, isn't there an option for a motion for more definite statement rather than dismissing (without prejudice) the entire complaint?

The ripeness/prior restraint argument is interesting for the full production (but, of course, useless for what already exists). I could see some technical legal argument succeeding here, but I'm not sure what it gets you. Is Paramount and CBS only asking for an injunction? If not, monetary damages for what's already been made would be a big deal and Axanar would set themselves up for further losses if they continue production (besides, even prior to release, the issue would become ripe for an injunction at some point). It seems the defense is built around "we haven't infringed ... yet." It's a good way to win the day, but not really win overall.
 
OK. IIRC, a motion to dismiss extends the time to file an answer. Or am I wrong that an answer is still required at some point? Regardless, I can't imagine a motion to dismiss succeeding.

I wish I could actually read those documents as opposed to just the titles.
Pleadings eventually become public, and posted via PacerMonitor. I've posted an update on the May 9 conference on AxaMonitor. I'm still curious to see if the hearing on the dismissal motion is actually still on for March 21 or if everything is pushed to the May 9 pre-trial conference, at which such motions and the amended complaint can also come up for consideration.
 
He's not a 'crybaby' per se - it seems to be he makes a portion his living off fanfilms (and I'm sure he was looking forward to getting another paycheck for 'Axanar'.) I'm sure he loves Trek too; but when you're getting PAID for it - IMO it sure seems there's move than just 'for the love of Trek' and Mr. Richter likes to claim (The hounding of the Star Trek: Titan shows that pretty clearly.)
Tobias made $15,000 just from the 20-min. Prelude. I can only imagine what he was going to draw for the full Axanar feature.
 
"A moron, a lawyer and a multi million dollar company meet in a neutral room. It is a tense moment. The multi million dollar company's eyes glow, the lawyer's beak glistens, the moron... wets himself."

giphy-facebook_s.jpg
 
Looks like we now know where the "assets" from Propworx went and also the need for new carpeting

http://www.signalscv.com/section/24/article/149483/

I'm pretty sure they wrote that article just to give a new photographer some much needed practice. That's a terrible headline photo, even before one takes the subject matter into consideration...

As for the rest... Phase II was on television? I must've missed that...

:p
 
I'm pretty sure they wrote that article just to give a new photographer some much needed practice. That's a terrible headline photo, even before one takes the subject matter into consideration...

As for the rest... Phase II was on television? I must've missed that...

:p

True, but at least we know where the Propworx stuff went and why he needed to put down a new carpet
 
Thanks for that (and the analysis). I can't possibly imagine the legal bills this case is generating. Regarding the clarity issue, isn't there an option for a motion for more definite statement rather than dismissing (without prejudice) the entire complaint?

The ripeness/prior restraint argument is interesting for the full production (but, of course, useless for what already exists). I could see some technical legal argument succeeding here, but I'm not sure what it gets you. Is Paramount and CBS only asking for an injunction? If not, monetary damages for what's already been made would be a big deal and Axanar would set themselves up for further losses if they continue production (besides, even prior to release, the issue would become ripe for an injunction at some point). It seems the defense is built around "we haven't infringed ... yet." It's a good way to win the day, but not really win overall.

CBS/Paramount is asking for damages - $150k per infringement. Note: the $150k amount is significant. Per
17 U.S. Code § 504, "(c)Statutory Damages.—
...
(2)
In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000. "

Essentially what this is saying is that the plaintiffs as going for the highest amount they can get under the statute.

And I definitely see your point re the 'ripeness' argument. If the film is ever made, then the defense is open to, at the very least, a boatload of scrutiny. In the meantime, plenty of preexisting stuff is out there.
========
Oh, and we talked about the case on the show again today. Here is the blog post link:
http://www.gandtshow.com/g-t-show-227-answer-steve-buscemi/

YouTube is going up later. As always, thank you for your kind support.
 
I threw up a little in my mouth at the sight of the USS McIntosh. :lol:

http://stourangeau.deviantart.com/art/Pre-TOS-Fleet-552291555
Just because you are not friends with the man doesn't mean I can't be. Not everyone who did work on Ax are going to be fighting here. I need and want to be civil with folks here and there. That is why I haven't been replying to stuff said here or there. Who knows when I may need or happen to be in a position where I am working with folks in this community. Just because I was attached to the project doesn't mean I am like certain people there.
 
Just because you are not friends with the man doesn't mean I can't be. Not everyone who did work on Ax are going to be fighting here. I need and want to be civil with folks here and there. That is why I haven't been replying to stuff said here or there. Who knows when I may need or happen to be in a position where I am working with folks in this community. Just because I was attached to the project doesn't mean I am like certain people there.

Believe me I am not having anything to say about any personal relationships or suggesting anyone put themselves in any position other than what they feel is right. I simply find this bait and switch of turning "make no money, period" into "make no net money after unlimited runs at CBS IP-derived income is used to equip a studio and pay operating expenses and salaries and convention visits and etc" to be flat out wrong, and hope that the Ax people eventually come to see it for themselves and put an end to it. Either build their own truly volunteer project, or walk away, or whatever it takes to undo that whole business model and the consequences it has had for donors and themselves, and make sure the root cause isn't part of future efforts.
 
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