Don't worry. It is unlikely people are going to accept the idea that AP did not know he was using Trek IP. Because, AP, mouth, podcasts.
And, doubtless if he is called to the stand, he would appear in his Garth costume.
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CBS/Paramount sues to stop Axanar
- Thread starter Richard Baker
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Don't worry. It is unlikely people are going to accept the idea that AP did not know he was using Trek IP. Because, AP, mouth, podcasts.
And, doubtless if he is called to the stand, he would appear in his Garth costume.
They better hope like Hell that there is no documentation from the August meeting between Peters and two execs from CBS mentioned in The Wrap article from August 2015. If there is, it will pretty much sink Peters.
Not to mention emailed locked final scripts in the hands of any does turned witness.
Or who states in their Kickstarter that they realize there's a risk because they are using the Star Trek IP without permission.
My Point:
Judge's are allowed to look closely at the whole situation. For the Defense to try and claim "We didn't know we were actually violating CBS/Paramount Star Trek copyrights..." - when in a section of their KS they ADMIT the KNOW they are doing so ISN'T going to slip the notice of the Judge should the C/P team bring that up (with evidence - IE a screenshot of it from the Axanar KS that contained it); so it just shows legal incompetence to try and use such a defense when the defendants already have admitted they KNOW/REALIZE they are violating copyright.
Of course it's after the ridiculous argument W&S make that somehow NOTHING in Star Trek is legally copyrightable by CBS or Paramount.
If W&S took this case pro bono to display their copyright/IP law acumen for all to see - I have a feeling after the May 9 hearing - they'll look like idiots in that regard - but we'll see.
I don't see any reason why not. I believe it will all come to a head then or before. This is not to say everything will be done by then, as it might not be (how's that for vagueness, eh?). But the date is significant.
In other news, I am around 2/3 of the way done with the blog post about the Second Motion to Dismiss. I am kinda scared of the Request for Judicial Notice as it is a LOT longer and, despite others' beliefs to the contrary, I actually have a life which consists of things that are not Axa.
Of Terry, RMB and Alec's GF of the week.............I'm betting at least one of them does.......(whereas Christian Gossett or anyone else who bailed at or before the same time wouldn't I would think)
This is perfect.
Right, those two execs would have no say at CBS for allowing Axanar to continue or not. It would have to come from someone higher than them in development and parsed through CBS legal. CBS is a massive company and many of there departments may not be sync with each other on every issue. Most of the employees are told never to say anything unless its been cleared through higher channels. Those guys were at the convention to oversee and deal with any Star Trek licensing issues.
This was most likely a shoot the shit type of conversion. I have had many of these types of conversions myself over the years at various conventions. The execs were probably like "Axanar sounds pretty cool hope every thing works out. We can't tell you what you should, or should not, do of course, but it sounds cool." . So Alec probably took this as everything was well and good with CBS.
My best conversations were actually with the production crew of Enterprise, you get to hear all the dirt of things happening on the set, that, lets just say, were not quite right.
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Right, those two execs would have no say at CBS for allowing Axanar to continue or not. It would have to come from someone higher than them in development and parsed through CBS legal. CBS is a massive company and many of there departments may not be sync with each other on every issue. Most of the employees are told never to say anything unless its been cleared through higher channels. Those guys were at the convention to oversee and deal with any Star Trek licensing issues.
This was most likely a shoot the shit type of conversion. I have many of these types of conversions myself over the years at various conventions. The execs were probably like "Axanar sounds pretty cool hope every thing works out. We can't tell you what your should or should not do of course, but it sounds cool." . So Alec probably took this as everything was well and good with CBS.
My best conversations were actually with the production crew of Enterprise, you get to hear all the dirt of things happening on the set, that, lets just say, were not quite right.
I can easily see "we"--meaning the individuals--morphing into a general "CBS" in the recounting. Thus, "we aren't authorized to discuss that matter" or, as you said, "we can't tell you what you can or can't do," becomes "CBS refuses to give fan films any guidelines" instead of "the people I spoke with weren't able to offer any guidance."
You'd think a lawyer would be more aware of that sort of thing.
Exactly. Peters is the source. That's why I asked about documentation. There is no reason to believe a single thing that he says.
What Peters wrote:
John Van Citters is Vice President, Product Development and Bill Burke is Senior Vice President, Marketing, both at CBS Consumer Products. They're responsible for licensing and merchandising. Suggesting that they had a conversation with Peters at a convention doesn't mean that they could have or would have spoken authoritatively on behalf of CBS Studios.
What a "representative from the network" later told TheWrap:
I think maybe people take the CBS statement to be a confirmation of Peters' claim. Ain't necessarily so.
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This was most likely a shoot the shit type of conversion. I have had many of these types of conversions myself over the years at various conventions. The execs were probably like "Axanar sounds pretty cool hope every thing works out. We can't tell you what you should, or should not, do of course, but it sounds cool." . So Alec probably took this as everything was well and good with CBS.
My best conversations were actually with the production crew of Enterprise, you get to hear all the dirt of things happening on the set, that, lets just say, were not quite right.
I wonder if CBS had been mulling how the money was being spent, and sent these guys to see what Alec would say if invited to share about it, by way of gathering confirmation.
After all, the August 30 podcast has Alec and his director buddy both making frequent pitches direct to CBS saying how Axanar could only be good for CBS, how they could see CBS selling Ares Studio products, etc. They might have thought CBS, being silent, could be nudged into endorsement by seeing how sincere (their words) Axanar was.
Great job on Axamonitor, Carlos Pedraza, as a one-stop source for all things Axanar. .
Either way, it isn't good for Peters. Because if CBS gets up on the stand and says that meeting never took place, then Peters is caught openly lying to his donors.
Parse it:
"The big news is a meeting with CBS I had. While I can’t discuss details, I can say that it was good to finally find out what CBS thinks of us."
He doesn't say what they thought.
"There will be a lot more discussion I am sure, but the CBS’ desire NOT to give any guidelines was discussed as well as the problems that causes for Axanar."
That discussion was with whom? CBS? Someone else? Why would CBS saying "we can't give guidelines" mean more discussions with Axanar for CBS?
"We are basically working in the dark."
Didn't you say you knew how to do this?
"But both John Van Citters and Bill Burke are good people and I have known them both for a few years."
Is that who you met with? You don't say. It's like my saying: "I called White House. It was good to find out what the White House thinks about me. I didn't get feedback we can use, so I can't say for sure if I'll be nominated for the Supreme Court or not, but President Obama is a great guy whom I've supported his whole term in office."
I.E. I called the White House switch board, and asked the Speak with the President, and they said no.
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