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CBS/Paramount sues to stop Axanar

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I am a *very* patient person, and even so, this is un - &*(^&*( - believable. They previously said straight up they intended to run their own for profit studio using the improvements they are making to this space, and make their own productions, not just rent, and not just for a limited period with the only motivation being to pay off the lease.


Who's the leader of the club,
That's made for you and me?
A-X-A-N-A-R F-R-A-U-D!

Hey there! Hi there! Ho there!
Your as welcome as can be,
Give-us-all your-mo-ney for-our-su-u-shi!

Hail Lord Garth!
Welcome fan!
Say Lord Garth?
Instant Banned!

Forever Trek is written to go
Pew, pew, pew, dee!

Come along lets sing the song
And join the scamees!

R E T...........
See y'all later!

C O N.............
haters gonna hate!

N I N------- G---------------
Y'know, maybe I'm dating myself, but I actually heard the Micky Mouse Club music when I read that :beer:
 
State of the art in the sense that it doesn't have an adequate electrical grid to actually do any filming?

The boasting about the green screen is hilarious. Either it's true, and they overspent on something they don't need, or it's a load of horse manure, and it's another example of Peters misleading the faithful into thinking they were ready to actually film the thing.
Correct. The "private" investor group is analogous to Uncle Rico and Aunt Suzie bailing out their idiot nephew. Ares "Warehouse" Studios has nothing of value but randomly large green screen, some IKEA furniture, some carpet squares, and an unfinished "bridge" set that is designed for the one thing that can never be filmed in Ares "Warehouse" Studios. Alec and AP are out of or very low on funds, have no way to generate without actual work and/or more campaigns - both of which are apparently out of the question - and are stuck. I imagine his legal counsel is diligently preparing settlement options, but any settlement will likely include some money, and thanks to all that lovely sushi Axanar Productions doesn't have very much.
So Alec gets something in the tank to offer CBS, gets out of a lease doesn't have much of a chance of paying, and gets to lick his wounds while making a few half-hearted attempts to create some kind of original film. He also gets to run Propworx out of the "studio" for at least two years.
 
Has anyone ever seen the "Hitler founds out" meme videos?

there were 4 or 5 of them. I think you can find them by searching this thread for Squiggy's posts, or 'youtube' (the latter yields other fun things too).

So this is reasonably clever on Axanar's part. (it would have been smarter to declare bankruptcy, end the lawsuit, and then release the studio from the landlord, but hey...). Alec and the Investors (new name for a rock band) get the only real asset, the studio. Perhaps the price is correct - interesting question - but Axanar productions has presumably paid the first year in rent, plus the improvements, and gets the improvement cost back.

The production Axanar gets some additional resources to "do the movie", or whatever it is they will do when the lawsuit proceeds.

Studio gets to see if there is demand for green screens etc. Hard to believe, but I don't know the market.

Now - whether the judge will let this pass... or CBS... is speculation. But if Axanar itself is reimbursed for cost, I would guess it could pass muster.

HERE'S WHAT HASN'T BEEN DISCUSSED. So going forward, Axanar is using the studio! Will they be paying rent to the for-profit Ares studio? What is that rent? Are the Investors giving the production the "cost of the studio" and essentially making it back from the rent? Viewed this way, this is assuredly a way to get funding for a new business venture on the backs of the IP. I haven't seen details on that, yet. Oh, Mr. Transparency!!

I do know that STC pays rent - to a third party. I am unaware of other situations. I wonder if it is OK if rent is paid, essentially, to an affiliate?

And of course - Propworx and such conceptually owe rent back to Axanar, as well, as they used Axanar-dedicated space.

Even if the investors buy the soundstage, C/P IP was used as a zero-interest loan to build the asset, so it is not as if AP "getting the money back" washes the slate clean about making a profit. SOMEONE reaps the value of that loan. If AP doesn't get any of the value add, then the investor group retains it. And that's hiding wealth taken from C/P.

C/P doubtless will amend to clarify that the soundstage is a potential asset to pay damages, and seek injunction of selling it to a third party outside the lawsuit.

Personally I can't believe AP would actually do something so patently irregular as trying to transfer the principal claim-threatened asset to an undisclosed third party while the case is in progress. As noted, they will be trying the patience of the judge. But they will also be inviting every reporter on earth to dig into the "real story".

This is interesting.

Here's the screengrab I posted last night
xfp25Y2m.jpg


Now here's the same page from this morning.
YUY48S4m.jpg


Notice anything different? :lol:

Mind-numbingly the same. Hubris. Now they are poking a stick at the bear of a pair of Mythbusters who presumably have plenty of resources and time now to do what they want, as for example, something might inspire them to start mythbusting of scams. And as noted, their twitter feed alone, in one post, probably could match 20 years of what interactions Axanar could hope to make in grand total to its base.

And why do you need the largest green screen? So this is so big that actual commercial productions don't find a need for one this big. He didn't make something his film needed he made something to brag about.

It will be interesting to hear whether this is like building "the world's biggest motorcycle" or whether it actually makes any technical sense for industry.

Me and my big mouth. I overheard a young woman in a Sydney science fiction bookshop complaining to the staff about CBS/Paramount's lawsuit against "the fans"... She then exclaimed that she "loved speaking to the ignorant" - and stormed out.

If someone flies into a rage and storms out, they better be sure those remaining aren't educated enough to recognize the ploy.

Some people are so stupid you wonder how they manage to feed themselves.

Charity and working the system.

If "Friends & Fans of AP" create this new corporation to shelter the studio that isn't and its assets, I wonder if he'll stay true to form and forget to file the transfer paperwork.

That would be hilarious. :techman:

They can double down till eternity, they aren't going to get to do Trek, and that is all any of them actually care about. Repetition of hole-digging behaviors will just add hurt.

Harsh!...where is a Universal Translator, when you need one, eh?...

Kira at Bashi.
Donor, his arms open.
Donor, his eyes closed.
The beast at Ares.
Alec, his army with fists open.
Loeb and CBS, at trial.
Alec, his face black, his eyes red.
Axanar, when the walls fell.
Alec, with sails unfurled.
Donor, his eyes opened!
CBS, his arms open!
CBS and fanfilms, on the ocean.
 
Personally I can't believe AP would actually do something so patently irregular as trying to transfer the principal claim-threatened asset to an undisclosed third party while the case is in progress. As noted, they will be trying the patience of the judge. But they will also be inviting every reporter on earth to dig into the "real story".
"Paging Mr Hinman, I repeat, paging Mr Hinman"
 
Thing is, Alec is on record (that I'm sure CBS/P has copies of) stating that he wanted to rent out the Aries Studio and also, use it as a 'for profit' Scifi film school. The fact that he has back pedaled, and now is going to sell to it a 3rd party is a reaction do to the lawsuit. If not for the lawsuit, he would be renting out the studio as originally planned. Thing is, it's a moot point because at the time of complaint that was filed, he was using donor money that he stated would be for the a 'for profit' studio. This back pedaling and selling of the studio, does not alter the original facts as it pertains to the lawsuit.
 
Not sure if this will affect the lawsuit. Don't they have to show that the intent was to make a profit (not on the production, but on the studio)? Or will it just affect the damages?

Either way, it sounds like they now know they're fighting a losing battle
What they (Axanar) are trying to do, is be able to keep the studio lease and the improvements done to date. The interesting thing with HOW they are doing it is: Effectively 'Axanar Productions' will have more 'on-hand' cash to pay any damages - although I'm sure they'll try to declare bankruptcy if the Judgement is against them and is huge.

Somehow, I bet they're try to get the lawyers to craft a settlement that allows Mr. Peters and Co. to keep what they've paid themselves to date; and offer the remaining funds (including from the reimbursement on improvements) - and go on their way promising never to infringe of 'Star trek' again. I don't know about the Indegogo campaign donors, but for KS backers - Alex can claim "Hey, I said up front in my KS post on the site that there was a risk CBS could come and shut down the whole thing; and they did. The Backers were told this up front, and pledged anyway. I did what I could."
^^^
Of course that only comes into play IF someone files a Class Action lawsuit against Mr. Peters/Axanar because the project was unable to be completed. Don't know what would happen if a local or state agency investigation and filed criminal fraud charges.

But in the end, it's clear what they (Peters and Co.) want to do is be able to come away without losing their collective shirts - and (because it's now leased by private investors with supposedly no direct ties to Mr. Peters or Axanar Productions) - said investors can use it however they wish - meaning (by proxy/ under the table/in the shadows as it were) Mr. Peters KEEPS the 'warehouse' studio and could conceivably use it for other 'for profit' projects.

Of course if Mr. peters (or anyone else from the Axanar group who is also named in the suit) is dumb enough to actually be a part of this 'private investor group' directly, they'll get zero benefit, because they'll still be liable in any Judgement against them or Axanar Productions.

Honestly though, I don't think either the Judge nor the C/P legal team are idiots; and if possible, they find some way to make sure Mr. Peters and Axanar don't see financial or material gain via any of these maneuvers. But we'll see.
 
"Paging Mr Hinman, I repeat, paging Mr Hinman"

Trust me, we WILL be looking into it. :) And very deeply. This is where my years of business reporting (and real estate reporting) come in real handy.

So thanks, Alec!

And our initial coverage of it is here ... http://1701news.com/node/1084/lawsuit-plagued-axanar-looking-private-investors.html

The Axanar PR guy didn't like the headline, because he said the private investors would not be related to Axanar, so it's not Axanar looking for private investors. But I reminded him that it IS Axanar doing it ... they are offering the "asset," and want it to be spun off to private investors. And even if those private investors really are not related to Axanar in the end (I doubt it), it was STILL initiated by Axanar.

I told him that I'm sorry the truth doesn't match the spin ... but I don't publish spin. At least not without tempering it with truth.
 
And why do you need the largest green screen? So this is so big that actual commercial productions don't find a need for one this big. He didn't make something his film needed he made something to brag about.

Based on the entirety of Alec Peters' behavior, I think it's safe to assume he suffers from quite the inferiority complex.
 
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What they (Axanar) are trying to do, is be able to keep the studio lease and the improvements done to date.

Alex can claim "Hey, I said up front in my KS post on the site that there was a risk CBS could come and shut down the whole thing; and they did. The Backers were told this up front, and pledged anyway. I did what I could.

Basically they are trying to offer cash to CBS rather than the stage, it looks like. I suppose this will only make CBS amend their demands to be even more all encompassing about who and to what extent the parties to this lawsuit are excluded from coming anywhere near Trek, assuming there is still a soundstage facility at the easy/possibly preferential disposal of the Axanar parties. They might also ask for the opportunity to name even more Does after discovery, given these new shenannigans just revealed to be going on.

Wrt/ KS, I think the root question of a lawsuit would be whether AP could defend the claim above. Was their warning knowingly deficient?

Thing is, Alec is on record (that I'm sure CBS/P has copies of) stating that he wanted to rent out the Aries Studio and also, use it as a 'for profit' Scifi film school. The fact that he has back pedaled, and now is going to sell to it a 3rd party is a reaction do to the lawsuit. If not for the lawsuit, he would be renting out the studio as originally planned. Thing is, it's a moot point because at the time of complaint that was filed, he was using donor money that he stated would be for the a 'for profit' studio. This back pedaling and selling of the studio, does not alter the original facts as it pertains to the lawsuit.

It wouldn't change the historical record of actions which could be found to be violations, but I suspect it might weaken the potential final award if the egregiousness has been somewhat mitigated already by the time of the first response to the amended claim.
 
Is Alec Peters part of this investor group? If not formally, does he have any conceivable tangential financial interest in the activities of this group?

When asked what Peters' role is in this investors' group, Axanar spokesman Mike Bawden replied, "You're not going to like my answer: I don't know the names of everybody involved in the group. And I've been told I can't disclose the names of anyone involved at this point in time."

Seems to me that if you're constrained from disclosing the names of the group members, you're not constrained from disclosing the names of people who are not involved. The silence is thunderous.

Without an answer to what kind of relationship Alec may have with this group or the studio as it is reconstituted, the public calls for this information will grow. Battening down the hatches will only make the calls louder.

This asset transfer carries minuses as well as pluses for Axanar. The biggest plus I see is that they escape the liability of hundreds of thousands in rent — what could've been an albatross around its neck the longer Axanar's production was halted.

Another plus: Another several hundred thousand dollars to put into production of Axanar. Assuming they will have the right to do so in the face of the copyright lawsuit and the very possible injunction.

Now the minuses: First, hope it's legal.

Second, taking what's likely to be a big PR hit. A sale like this, after touting your intention and capability of running a scifi movie studio and online distribution platform, looks like you're hiding something. Whether that something is the mysterious investor group bailing you out. Or if you're part of that secret group in some way so that you retain a financial interest in what you've sold away so you can now claim to be a nonprofit as a means of evading the "direct financial benefit" allegation in the copyright lawsuit.

And while they may not have to publicly disclose who those investors are, and whether Alec Peters or any other principals in Axanar are part of that group, that information may very well be discoverable by Loeb & Loeb on the studios' behalf. All the emails that must have been exchanged in the past few days leading up to this announcement are likely to be discoverable.

How is this going to play in front of a judge if he's asked to issue an injunction stalling the sale? Not to mention the injunction CBS is likely to seek on the film itself. And, finally, how's it going to look to a jury? Suddenly, the "fans" doing this movie "for the love of the franchise" starts to look like operators who thought they could get away with raising a lot of money with IP they didn't own and when the going got tough came up with a means to protect what financial interests they could.

Please note this is speculation but these questions are going to get asked. And if the response is, "the investors want to maintain their privacy," all that transparency and openness Axanar is supposed to be known for is gone.

Of course these are the mysterious 'Foreign Investors' from The Royale.
 
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