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CBS/Paramount sues to stop Axanar

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Well, the Axanar mentality seems to have spread to the Exeter Facebook group as well.

After daring to post an opposing viewpoint on the entire matter there, one of their Axanar-faithful acolytes repeatedly engaged me on the matter, repeatedly only capable of responding to me with variations of the same response:

"No, it definitely wasn't that you had a valid point to make. For that to be true, you would have had to have made a valid point, and you did not."

...or some version of same. More idiocy from this fanboy genius: "Honestly, I never fail to be stunned at whata silly, stupid blunder this is on CBS/Paramount's part. At what point does going to war against your very best customers seem advisable?"


The same, echo chamber circle jerk. This is why I hate superfans.

Now, apparently, the admins there have taken to censoring opposing viewpoints, removing completely my comments and now relegating me to "admin approval pending" in order to comment, without any kind of explanation.

Which, I guess I understand, but at the same time, having supported the production of Exeter I'm astonished that they'd be in bed with the Axanar crowd. and this kind of power play to tamp down any kind of negative discussion about Axanar there has been quite disappointing to witness.

I'd be lying if I said this kind of one-sided approach hasn't tarnished my love of Exeter's two fan films, and it is easy enough to block the guy, but until today, I thought those guys were better than this. :(
 
Re: The amended complaint.
I wonder if the Smithsonian has a Deed of Gift on record for the starship Enterprise? Deeds of Gift to the SI typically require the relinquishing of copyright rights.

In what way? If I created my own starship, and gave you a model of it ... would that mean you can make copies of it and do what you want with it? Or that I need to get your permission for me to make more of them and sell them?

That makes no sense. Please share the background where you based this observation.
 
Hmmm...I wonder about Belly Lint Migration.

But not too much...

Maybe this has been mentioned before, but would a judge need to recuse her/himself if there was a question of degree of Star Trek knowledge and familiarity? By that I mean, if this proceeding is ultimately going to be left up to a judge, would the opinion be tainted if the judge was very familiar with ST, as opposed to not, and be able to recognize more similarities and infringement than a judge who had little familiarity with the franchise?

So if a judge owns an Apple product, he also should not be allowed to hear a case involving Apple?

Or what if television itself was part of some type of lawsuit. Would he be ineligible because he owns a television? :)

Usually conflicts of interest, at least at a government level, must be very specific and show actual potential of bias.

If he donated money to Axanar? Yes, conflict of interest. If he donated money to other fan films? Maybe a conflict of interest.

He owns some Star Trek DVDs? Not a conflict of interest.
 
In what way? If I created my own starship, and gave you a model of it ... would that mean you can make copies of it and do what you want with it? Or that I need to get your permission for me to make more of them and sell them?

That makes no sense. Please share the background where you based this observation.
also I would guess, the SI would be buying models wholesale and selling them at retail, not private labeling
 
Well, the Axanar mentality seems to have spread to the Exeter Facebook group as well.

After daring to post an opposing viewpoint on the entire matter there, one of their Axanar-faithful acolytes repeatedly engaged me on the matter, repeatedly only capable of responding to me with variations of the same response:

"No, it definitely wasn't that you had a valid point to make. For that to be true, you would have had to have made a valid point, and you did not."

...or some version of same. More idiocy from this fanboy genius: "Honestly, I never fail to be stunned at whata silly, stupid blunder this is on CBS/Paramount's part. At what point does going to war against your very best customers seem advisable?"


The same, echo chamber circle jerk. This is why I hate superfans.

Now, apparently, the admins there have taken to censoring opposing viewpoints, removing completely my comments and now relegating me to "admin approval pending" in order to comment, without any kind of explanation.

Which, I guess I understand, but at the same time, having supported the production of Exeter I'm astonished that they'd be in bed with the Axanar crowd. and this kind of power play to tamp down any kind of negative discussion about Axanar there has been quite disappointing to witness.

I'd be lying if I said this kind of one-sided approach hasn't tarnished my love of Exeter's two fan films, and it is easy enough to block the guy, but until today, I thought those guys were better than this. :(

 
At "60 hours per week" he would be paid just over $42,000 at California's minimum wage so he's owed money. Maybe he could file a wage claim against Axanar Productions, Inc.

If he prevails, he would receive double the wages due, plus attorney's fees.

http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

Since he is in a management position, his salary would be based on a 40-hour workweek, because salaried is 40 hours whether you work that or not. So you can't even do "60 hours."
 
From the article:

In case you were wondering what the legal mood and theme of Star Trek was, the amended document describes it as “Science fiction action adventure,” defined thusly:

The mood and theme of Star Trek as a science fiction action adventure first appeared in The Original Series episode “The Cage” (Reg. No. PA 314-430), and has appeared in all subsequent episodes of The Original Series and other derivative Star Trek Copyrighted Works

Honestly, I’d take someone to court over the assertion that the mood and theme of Star Trek is anything that simple.

Gene Roddenberry's original pitch for Star Trek states quite clearly, "Action – Adventure – Science Fiction". Any questions class?

Neil
 
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Why is it that some news outlets seem to focus less on alleged infringements such as unauthorised use of characters, races, worlds, and starship designs but instead lead their articles citing the Klingon language and pointed ears?

This seems to give the impression to some that the complaint Paramount/CBS has delivered seem trivial and somewhat petty.
 
Since we are venting--- I'll double post something I stuck on the "I Stand with Awesome" FB page.

Oh, and the Mike Bawden referenced is the PR guy for Axanar who has established diplomatic relations with the "I Stand with Amazing" FB people.

Oh, and I changed "illegal" to "unlawful" just for you @Michael Hinman


I wanted to address something that Mr. Mike Bawden stated/asked in a past post, that has now been buried under an avalanche of new material.
The crux of his comments was that if another producer/fan film creator was engaged in raising money from his fans to attend a convention, would "we" be as upset or is it simply our animus towards Alec that is motivating our nit-picking?
That theme has been repeatedly played over the past few months, and even though it was couched in PR-speak I wish to address that claim.
I don't know Alec Peters, and have never worked with him. I did not donate to Axanar, so he hasn't "taken" my money. I imagine that if I sat down with him and had some sushi - IF we agreed to talk only Star Trek - we would have a lot in common.
I don't wish to see him personally ruined or financially drained. Personal animus towards Alec does not motivate my comments, and the continued suggestion that there is a personal element to this entire business is something I find distasteful.
Alec's ACTIONS are at the center of this issue.
Now the obvious response from Magic Mike would be "How do his actions significantly differ from those of any other fan film producer?"
Well that's the $38,000 question, isn't it?
First, that question sidesteps an important point.
Alec's rhetoric and fund raising behavior repeatedly demonstrate that HE planned to be more than just a "fan film" producer, he planned to be the head of an entire entertainment conglomerate - one that used the foundation of CBS IP not as a "tribute" but as a revenue source. He is not comparable to Vic Mignogna or James Cawley, etc. because his stated goals and his activities diverged from theirs so significantly that he became something unique - the head of a rival production company.

Second, that question is easily answered by the reams of available evidence of his callous disregard for fans that disagreed with his vision, or even attempted to clarify that vision as well as his repeated attempts to burnish his reputation at the expense of officially licensed CBS products and even other fan films.

Third, by attempting to link Alec in a simple "apples to apples" comparison with other fan film producers, the question AGAIN attempts to minimize opposition to Alec's actions in the fan community or at the very least attempts to get the individual to question his or her motives, and perhaps reduce the volume of their opposition in the future.

Here's the truth:

Alec Peters attempted to do MORE than create a fan film, he attempted to create an entertainment company, and rather than do so on the foundation of original material, he did so while committing (alleged) unlawful copyright infringement.
Alec Peters used his (alleged) infringing material as the "bait" for continued donations and fundraisers, repeatedly moving completion dates as donations went to the creation of his entertainment company while simultaneously showing small bits of progress so as to maintain excitement for one element of his overall business plan.
Alec Peters repeatedly used donor funds to promote one element of his overall business plan at various sci-fi conventions, while quietly avoiding significant discussion of his overall business plan at those same conventions.
Alec Peters repeatedly refused to disclose potentially negative developments in his overall business plan, and attempted to place a veneer of legitimacy by releasing documents that purported to be a "financial report" yet were not prepared by an accredited financial professional nor were thorough and complete in their scope. By redacting or "not including" significant figures, he revealed that his "financial report" was nothing more than yet another way to encourage donations to his overall business plan.

Once the lawsuit was announced - he engaged in erratic and unwise behavior:
Using threatening language to address people he considered to be too critical.
Repeatedly using psuedolegal arguments to persuade individuals that he was in the right.
Repeatedly using sophmoric arguments like 'well everyone else is doing it - why can't we?" that conveniently ignored all the uniquely improper behavior that Axanar Productions had engaged in prior to the suit
Continuing to accept even more funds in a "retroactive" manner - ostensibly for more "perks" that were based on a short film that was full of alleged IP infringements.
Closing the ranks of his "fans" and encouraging some to engage in improper and unbalanced behavior.
Callously disregarding those who had donated less funds than he considered significant, lying about the reasons of a prominent actor's departure from the production, viciously attacking his own loyal fans with inflammatory statements, and other erratic and disastrous behavior.
Ignoring the improper and inflammatory behavior of his closest colleagues.

Finally, he hasn't produced what he promised, and he hasn't even gotten close. He has turned this "film" into an eternal bait and switch, regularly and repeatedly encouraging more and more donations, raising his budgetary goals, and glossing over the immense financial costs of his business plan.

So in short - he hasn't delivered, he hasn't told the truth, he hasn't treated his fans with any respect, he hasn't treated the fan film community with respect, and he hasn't made any changes to show that he grasps the huge mistake he has made. His actions may significantly impact the fan film community, his rhetoric has served to inflame divisions in the Star Trek fan community, and his intransigence has turned "Axanar" into a cautionary tale/joke.

He isn't like any other producer or fan film creator, and he will never be treated as such.

Excellently stated.
 
So, Justin Lin tweeted today saying the lawsuit was ridiculous and that Star Trek belongs to the fans. But I have a strange feeling that he doesn't want people downloading his movie for free, and wants to actually get paid for his work. You can't have it both ways. If Trek doesn't belong to the IP holder, then they can't charge us for it and then pay him for directing. Hypocrisy at it's finest.
 
Why is it that some news outlets seem to focus less on alleged infringements such as unauthorised use of characters, races, worlds, and starship designs but instead lead their articles citing the Klingon language and pointed ears?

This seems to give the impression to some that the complaint Paramount/CBS has delivered seem trivial and somewhat petty.

Yeah, it's not responsible reporting, in my opinion.

If you take those things out of context, it appears petty. But presented with the whole, it makes a big difference.

One also could say "how can they copyright space adventure" or whatever that was specifically (I'm doing 100 things at once right now, and I'm too lazy to go back and look) is petty as well. But that's not why it's there ... it's to show that this is NOT a transformative work.
 
Since he is in a management position, his salary would be based on a 40-hour workweek, because salaried is 40 hours whether you work that or not. So you can't even do "60 hours."
Yes he could be classified as exempt, but I counted up his wages on an hourly basis just to see what he could be paid since he was whining so much about not being paid minimum wage. Exempt in California is 2x minimum wage or $37,440 for 2015.
 
Not to spam the thread here, but Justin's fast and furious tweeting catapulted Axanar onto CNBC (".....now, I wonder what Paramount will think about that......"). I'd like to see Lord Alec try and defend himself *there*........

http://www.cnbc.com/2016/03/14/star-trek-fan-movie-slapped-with-cbs-paramount-lawsuit-report.html

I choke in my coffee.

not only will AP *fry* when all the negative comments about studio Trek inevitably get tweeted to attention of Lin, CBS, CNBC, and Axanar fans, but AP actually changed the scope of Lin's comment from 'gone too far [with the category of fan films]' to 'supports [the net grand total behavior of] Axanar [specifically]'.

boy o boy, that latter is gonna cost him as Lin backpedals his way out of AP's mess.

and once again saying, and being quoted in big media as saying, "poor innocent little us just trying to do what the fans want". one can see the asteroid headed towards that nonexistent studio bought with nonexistent IP even now.
 
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