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CBS/Paramount sues to stop Axanar

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From the Axanar FB here's an excerpt from a thread in response to Axanar's posting of the latest Hollywood Reporter article on the suit. I wonder how long it will be before a couple of people are branded as "haters" and banned.

Eric C Fahrner Here's the problem: Axanar isn't about ancient Vulcans from mythology and United Nations flags. That's just clever dodging and sleight of hand.

Axanar is obviously Star Trek in every way - and unfortunately (for reasons of the lawsuit) Axanar is excellent and superb Star Trek. So there we are.

I still think that, with the way officials with the new official Star Trek are singing the praises of Axanar, (Roddenberry, et al), the parties are signaling a willingness to craft a win-win solution.

Like · Reply · 5 · 1 hr

John Armbruster
Regardless of "Vulcans", Klingon, Starfleet logos...Axanar used characters from Star Trek. The main character in Prelude is Garth of Izar - a Star Trek character. Now, I don't know the nuances of copyright law, but I can quote this example from Memory-alpha about another character - "reasons for not simply bringing back the Locarno character have varied. It may have been because they would have had to pay royalties to the writers of "The First Duty" every episode...". To me it comes down to one thing, if Axanar makes a profit; then they owe the creators of the Star Trek characters they use royalties.

Like · Reply · 1 hr
Hide 11 Replies

Jason Walker
Sure but they are a non profit organization, by definition they do not make a profit.

Like · Reply · 2 · 1 hr

Lee Thomas Holstein
So, what about Trek Continues...they use Kirk, Spock, McCoy, etc...as well as EXACT replica's of the sets and costumes...

Or How bout Renegades (also crowd funded) where Walter Koenig revised his role as Chekov...so not only a CBS owned Character...but the original actor playing him...

Or in your view is it ONLY Axanar...because ya know, they used a character from one episode...that wasnt even a main character...

Like · Reply · 3 · 1 hr

Michael WC Ehlert
Which is why they aren't going to "make a profit" they are distributing the finished film for FREE. And using characters is not a valid issue either because Fan films made by Star Trek: New Voyages/Phase II focus entirely on being new episodes of star trek with the Enterprise & her crew including all the big & well known names like Kirk McCoy Spock and all the rest. They have even had George Takei and Walter Koenig reprise their roles. Neither CBS nor Paramount are suing them for infringement so it is an in-equal application of the law. They can't let one production company do exactly the same thing but prosecute another.

Like · Reply · 1 · 1 hr

John Armbruster
No, my point was that if this production earned a profit, that this profit was made off the specific intellectual property of others, regardless of the vague terms of "Vulcan" or pointy ears. And the debate seems to be whether or not Axanar's kickstarter involved making a profit.

Like · Reply · 1 hr

John Armbruster
Lee Thomas Holstein it has nothing to do with whether the character was a "main character"...Lacarno only appeared in one episode, yet he is some writer's property

Like · Reply · 1 hr

John Armbruster
Distributing the film for free doesn't not mean they didn't make a profit.

Like · Reply · 1 hr

Justin Roadcone Powell
Fantitlement. There, I coined a term.

Like · Reply · 1 hr

Travis Wilbur
Profit isn't even an issue.
Studios aren't even an issue.
Not even Alec Peters paying himself a salary is even an issue.

CBS isn't even pursuing any of that. The only thing that CBS/P is pursuing is JUST the copyright infringement. Which makes them hypocrites because they should also be pursuing Star Trek: Hidden Frontiers, Star Trek Continues, Star Trek: New Voyages/Phase II, Star Trek: Phoenix, Star Trek: Intrepid, Star Trek: Renegades, and every other fan-made production out there.

So, to me, this just screams of CBS/P being butt-hurt that a fan-made production can produce a quality production capable of competing with CBS/P's monopoly on ideas and human creativity.

I don't think Gene Roddenbury would have approved of CBS/P's obviously monopolized tyranny of his creation. I think Roddenbury would have encouraged fan creativity. He might have allowed it to become a sandbox world, like Lucas did with Star Wars.

Eric C Fahrner Here's the problem: Axanar isn't about ancient Vulcans from mythology and United Nations flags. That's just clever dodging and sleight of hand.

Axanar is obviously Star Trek in every way - and unfortunately (for reasons of the lawsuit) Axanar is excellent and superb Star Trek. So there we are.

I still think that, with the way officials with the new official Star Trek are singing the praises of Axanar, (Roddenberry, et al), the parties are signaling a willingness to craft a win-win solution.

Like · Reply · 5 · 1 hr

John Armbruster
Regardless of "Vulcans", Klingon, Starfleet logos...Axanar used characters from Star Trek. The main character in Prelude is Garth of Izar - a Star Trek character. Now, I don't know the nuances of copyright law, but I can quote this example from Memory-alpha about another character - "reasons for not simply bringing back the Locarno character have varied. It may have been because they would have had to pay royalties to the writers of "The First Duty" every episode...". To me it comes down to one thing, if Axanar makes a profit; then they owe the creators of the Star Trek characters they use royalties.

Like · Reply · 1 hr
Hide 11 Replies

Jason Walker
Sure but they are a non profit organization, by definition they do not make a profit.

Like · Reply · 2 · 1 hr

Lee Thomas Holstein
So, what about Trek Continues...they use Kirk, Spock, McCoy, etc...as well as EXACT replica's of the sets and costumes...

Or How bout Renegades (also crowd funded) where Walter Koenig revised his role as Chekov...so not only a CBS owned Character...but the original actor playing him...

Or in your view is it ONLY Axanar...because ya know, they used a character from one episode...that wasnt even a main character...

Like · Reply · 3 · 1 hr

Michael WC Ehlert
Which is why they aren't going to "make a profit" they are distributing the finished film for FREE. And using characters is not a valid issue either because Fan films made by Star Trek: New Voyages/Phase II focus entirely on being new episodes of star trek with the Enterprise & her crew including all the big & well known names like Kirk McCoy Spock and all the rest. They have even had George Takei and Walter Koenig reprise their roles. Neither CBS nor Paramount are suing them for infringement so it is an in-equal application of the law. They can't let one production company do exactly the same thing but prosecute another.

Like · Reply · 1 · 1 hr

John Armbruster
No, my point was that if this production earned a profit, that this profit was made off the specific intellectual property of others, regardless of the vague terms of "Vulcan" or pointy ears. And the debate seems to be whether or not Axanar's kickstarter involved making a profit.

Like · Reply · 1 hr

John Armbruster
Lee Thomas Holstein it has nothing to do with whether the character was a "main character"...Lacarno only appeared in one episode, yet he is some writer's property

Like · Reply · 1 hr

John Armbruster
Distributing the film for free doesn't not mean they didn't make a profit.

Like · Reply · 1 hr

Justin Roadcone Powell
Fantitlement. There, I coined a term.

Like · Reply · 1 hr

Travis Wilbur
Profit isn't even an issue.
Studios aren't even an issue.
Not even Alec Peters paying himself a salary is even an issue.

CBS isn't even pursuing any of that. The only thing that CBS/P is pursuing is JUST the copyright infringement. Which makes them hypocrites because they should also be pursuing Star Trek: Hidden Frontiers, Star Trek Continues, Star Trek: New Voyages/Phase II, Star Trek: Phoenix, Star Trek: Intrepid, Star Trek: Renegades, and every other fan-made production out there.

So, to me, this just screams of CBS/P being butt-hurt that a fan-made production can produce a quality production capable of competing with CBS/P's monopoly on ideas and human creativity.

I don't think Gene Roddenbury would have approved of CBS/P's obviously monopolized tyranny of his creation. I think Roddenbury would have encouraged fan creativity. He might have allowed it to become a sandbox world, like Lucas did with Star Wars.

Maybe someone should tell the Axanar folks unless you have an IRS recognized 501(c) (3) you are not a non profit. These folks sure love the cookies and Kool-aide over at Axanar.
 
Axanar II: The Search for More Detail.

Axanar: The Prelude
Axanar II: The Wrath Of CBS/Paramout
Axanar III: The Search For Further Clarification
Axanar IV: The Voyage to Court
Axanar V: The Final Motion (Famous Quote: "Why does a man with a god-complex (Alec Peters) need a for profit studio to produce a 'not-for-profit' Fan Film?")
Axanar VI: The Undiscovered Assets (Which will be used to pay the Judgement to C/P)
:ack::nyah::razz::rommie::shrug:;)
 
I have argued in the past that meals and convention trips are probably legitimate business expenses because Alec and Diana were at the cons to promote the film and solicit donations. I personally have no problem with that kind of expense because it likely resulted in enough new donors to more than cover the cost. It's advertising. And meals while traveling for work are deductible, but you only get to deduct half the cost.

Any salaries paid would also have to pay FICA, but state and federal taxes would probably not be due in 2014 because Axanar had a loss. And as I have said before, depending on how Alec's CPA structured his depreciation schedule, he may have been able to use Axanar's depreciation losses to offset taxes due on other income, like Propworx income.

God bless American capitalism!

Speaking as a donor I don't think the conventions were necessary to advertise, as a matter of fact AP complained that two or three of them were a waste of time. I think hubris and self promotion had more to do with the Conventions than marketing Axanar and explain just why one needs to market a non-profit making movie?
 
Just a note about the common refrain from the Axanar camp: "Why haven't they gone after the other fan films?"
When you go back through the many, many years of Axanar promotional material, what stands out is the idea that they were "different." They were "independent", "professional", "Star Trek like you have never seen it before", "the first professional fan production", " we use professionals that actually work in the industry", "we compensate our production staff", "we have legends in sci-fi community working with us", and many other examples. The basis for their entire promotional campaign and fundraising campaign was that they were DIFFERENT.
Why then are they surprised that CBS is treating them differently? You ask for special treatment, you get special treatment.

Yeah either they lied to the Court or to their fan/donor base? It will interesting to see which one of us got lied to.
 
I've just watched The Enterprise Incident - I could see JJs crew doing that story in a heartbeat, almost without changes.
One of my fave TOS episodes. And yes :techman:

As for CBS/Paramount/The People vs Axanar....just can't keep up with the shitfest/fun. But will check in :)
 
if W&S keeps demanding more detail, at some point CBS/P will mix up which Suliban had which genetic enhancement, and Alec and the treehouse club will cheer as only true Trek fans can cheer at being the superior beings for knowing the answer. And then send out the Marines to declare victory since obviously CBS/P have been proven to not have any idea what they are talking about, and therefore could not possibly be the originators of Trek IP.
Of course then we could just fire back that page 35 of the new Propworx auction catalog misspelled "Denobulan".

Screenshot%202016-03-30%2011.34.55.png


Neil
 
I know others have asked, but I will ask again - what happened to this second legal team he is supposed to have?
I bet it went like this...
New Lawyers: "Alec we are good at this, we'll negotiate with them and get a good settlement for you. You'll keep the studio, not have to pay damges and we'll get this done quick"
Alec: "And I'll get to make my movie right?"
Axanar: The Prelude
Axanar II: The Wrath Of CBS/Paramout
Axanar III: The Search For Further Clarification
Axanar IV: The Voyage to Court
Axanar V: The Final Motion (Famous Quote: "Why does a man with a god-complex (Alec Peters) need a for profit studio to produce a 'not-for-profit' Fan Film?")
Axanar VI: The Undiscovered Assets (Which will be used to pay the Judgement to C/P)
:ack::nyah::razz::rommie::shrug:;)

Oohh Star Trek First Complaint. They travel back in time to prevent the first C/D from ever being issued.
 
Of course then we could just fire back that page 35 of the new Propworx auction catalog misspelled "Denobulan".

Screenshot%202016-03-30%2011.34.55.png


Neil

Would that even be an "LCARS" panel? TMK, that was a Federation thing... Then again, not an Enterprise expert. :)
 
Looks like the Axanar account followed, unfollowed, and blocked me on twitter at some point recently. Does that mean I've been officially branded a "hater" that's never achieved anything? I think I can wear that label like a badge of honor that I've managed to also get Alec's patented brand of impotent internet vengeance.
 
Seeing as it is apparent that lifelong fans of Star Trek have more rights than previously disclosed (up to and including ownership) I thought I would inform everyone that since I have been a fan of Chipotle since they opened, and have spent a lot of money on their products, it is logical to assume that I now have ownership of the company. Please stay tuned for the grand opening of my "Hipotle" line of fast-casual dining establishments.
 
Seeing as it is apparent that lifelong fans of Star Trek have more rights than previously disclosed (up to and including ownership) I thought I would inform everyone that since I have been a fan of Chipotle since they opened, and have spent a lot of money on their products, it is logical to assume that I now have ownership of the company. Please stay tuned for the grand opening of my "Hipotle" line of fast-casual dining establishments.
OK, if you are claiming ownership in Chipotle, can I have your contact info? There's a little problem I had with the food last time I went in there :barf:
:nyah:
 
Seeing as it is apparent that lifelong fans of Star Trek have more rights than previously disclosed (up to and including ownership) I thought I would inform everyone that since I have been a fan of Chipotle since they opened, and have spent a lot of money on their products, it is logical to assume that I now have ownership of the company. Please stay tuned for the grand opening of my "Hipotle" line of fast-casual dining establishments.

Technically, you own the exact brand and products and process design (no need to rename or reformulate), and you get to trade off the reputation.

You don't get the restaurants, you have to put up a sign and wait (salaried, on expense paid trips) while their customers and investors, out of all the goodwill that has been accrued over 50 years for the brand, contribute to build the restaurants for you in exchange for thank you napkins.

All you have to say is that you will restore what people remember they loved so much about the places back in the day.

Nonetheless, you can still do it however you want, and after a bit, you can shift the restaurants from the restoration theme to some other restaurant concept that makes you more money.

Sorry for the inconveniences, no business plan is perfect.

But FWIW, no royalties or franchising fee to anyone applies at any time, thanks to your testimony of being a fan of the "real" thing. And no one is diluting your extension of the brand.

Until an even better fan shows up.
 
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