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CBS/Paramount sues to stop Axanar

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Really? Christ I'm behind the times. In the early days of this debacle I read the title "CBS drops lawsuit on Axanar" and thought that meant they'd retracted legal action. I remember thinking "I didn't know they'd sued in the first place!"
I am with you, when I read Carlos' post I had a moment of panic thinking that CBS/P had walked away, quit, ceased, or "dropped" their lawsuit.
 
A quote I found about Judge Klausner when I first looked him up in February or so after he was assigned this case - admittedly anecdotal, but:

"The problem is that Judge Klausner hates a copyright infringer." (emphasis in original)

Source. (Google cache because website is experiencing some issue right now)

M
I will wish it to be so.

However my read of the linked article left me with questions about the quote actually representing the judge's preferences/leanings. The quote "hates a copyright infringer" seems to be out of context taken alone like this and is instead part of only one of the 'He loves me" "He loves me not" speculative scenarios the article author is writing about. The author's seeming point to be answering the stated "many calls" being received by author for an opinion on that case, with author presenting the article's opposing speculations... and this, the author's, closing conclusion further down in the article:
MY OPINION: I wrote this quick article because at this point, it is unclear what will happen, and since many people are calling into my office asking my opinion about this particular case (and the California consolidations in general), I wanted to be explicitly clear that IT CAN GO EITHER WAY. We can only wait and see what he’ll do, and based on that, you, the putative defendant, will learn whether Leemore Kushner or the Lipscomb gang will be calling you to solicit a settlement in the near future. There is really nothing else here. He is either for the trolls, or he is for the downloaders. He can bend the law in whatever direction his judicial activist mind would like to.
Am I reading this wrong?
 
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I will wish it to be so.

However my read of the linked article left me with questions about the quote actually representing the judge's preferences/leanings. The quote "hates a copyright infringer" seems to be out of context taken alone like this and is instead part of only one of the 'He loves me" "He loves me not" speculations the article author is writing about. The author's seeming point to be answering the stated "many calls" being received by author for an opinion on that case, with author presenting the article's opposing speculations... and this, the author's, closing conclusion further down in the article:

Am I reading this wrong?

No, I don't think you're reading it wrong per se - but I also read that sentence regarding Klausner's temperament as being a statement of fact (and serving to highlight a problem it poses in one of the hypotheticals). Much like if an attorney in another state called me to get my thoughts on a local judge - I might say "I've heard she's pretty tough on attorneys who don't prepare enough." That's why I said it's "anecdotal" - it sounds to me like the author is relaying some personal appraisal he has about Klausner's temperament, but that appraisal may not in fact be accurate and may be based only on conclusions drawn from limited interactions.

However, I think it does comport what we are seeing of Klausner in the Led Zeppelin case - namely that he's not quick to let a potential infringer off the hook, and is going to give the plaintiff ample opportunity to have their day in court, even where the infringement is not so "cut and dried" and is open to good arguments on either side.

M
 
Really? Christ I'm behind the times. In the early days of this debacle I read the title "CBS drops lawsuit on Axanar" and thought that meant they'd retracted legal action. I remember thinking "I didn't know they'd sued in the first place!"

I am with you, when I read Carlos' post I had a moment of panic thinking that CBS/P had walked away, quit, ceased, or "dropped" their lawsuit.
It's an annoying slang term, to say the least, since it usually reads as the opposite of what it means. If I saw the headline "New Justin Bieber album dropped by Def Jam," I would think, "Thank goodness!" Then I'd look at the article, find out they had actually released it, and be really disappointed.
 
The 'subjective assessment of the 'concept and feel' of two works' may well apply in the Axanar case...

Maybe to some aspects, but certainly not all. The Enterprise is clearly a copyrighted asset. As are Klingons, characters like Soval and Garth and Kirk et al...

The only "look and feel" that this might apply to would be for, say, the Ares, which is not a ship in Trek (that i'm aware of) but does share the potentially protectable "look and feel" of established Trek Starfleet aesthetic.

Scenery, wardrobe, those might fall under "look and feel" in some instances, but even if you throw that stuff to the side there's still PLENTY of clear infringement here.
 
Really? Christ I'm behind the times. In the early days of this debacle I read the title "CBS drops lawsuit on Axanar" and thought that meant they'd retracted legal action. I remember thinking "I didn't know they'd sued in the first place!"

I am with you, when I read Carlos' post I had a moment of panic thinking that CBS/P had walked away, quit, ceased, or "dropped" their lawsuit.

It's an annoying slang term, to say the least, since it usually reads as the opposite of what it means. If I saw the headline "New Justin Bieber album dropped by Def Jam," I would think, "Thank goodness!" Then I'd look at the article, find out they had actually released it, and be really disappointed.

Someone is going to have to drop in on you guys to drop some information about drop. I'd drop it off, but I'm too busy to do it, today. If you're ever in the area, feel free to drop by and we'll talk. Or, you can drop me a line any time.

That's probably enough to drop on you all at once. (OK, it's like the fifth or sixth definition of the word -- "put or leave informally," or "mention in passing," so it may be arcane usage to some.)
 
Someone is going to have to drop in on you guys to drop some information about drop. I'd drop it off, but I'm too busy to do it, today. If you're ever in the area, feel free to drop by and we'll talk. Or, you can drop me a line any time.

That's probably enough to drop on you all at once. (OK, it's like the fourth or fifth definition of the word -- "put or leave informally," or "mention in passing," so it may be arcane usage to some.)
I am going to drop - kick you in the nuts. Is that arcane enough for you, Professor?
 
From 1701news, quoting C/Ps response:
Hmmm. As I stated on page 692:
(*pats self on back, drops the mic, mouths "I TOLD ya so" and "booyah!", clasps hands over head and shakes them and generally makes every other expression of insufferably-smug self-satisfaction before walking off the stage.*)
M
lets examine W&S copyright claims, as applied to themselves:

websites are made of words and most words can't be copyrighted.
http://www.copyright.gov/title37/202/37cfr202-1.html
didn't they quote from the code?

And consider the below logically complete sub-element excerpt of words from the W&S website, a menu list on the homepage.

"CLIENT LOGIN
  • Copyright © 2016. Winston & Strawn LLP
How can it be argued that this is sufficiently unique as words or as a collection of words, as to merit copyright protection?

Using W&S logic, isn't that what W&S is asserting by them invoking copyright on their website? Oh, its not? The site is copyrighted because of something larger than the smallest identifiable atoms and functional units? Mmm-hmm...

thread win! maybe nudged them a bit too :beer:

I dunno, I find the image of the attorneys "dropping their briefs" to oppose the motion rather amusing. :)

Kinda makes you wonder what they were using the defense motion for in that moment...

winner winner chicken dinner ding ding ding :guffaw::klingon::rommie::techman:
 
Dropkick me, Jesus, through the goal posts of life.

Edited to give proper attribution (this is a thread about IP, after all): The above phrase is part of a country song written by Bobby Bare.

Enterprise Drops Photon Torpedos

...the ambiguity as hook to get you to read...
 
Dropkick me, Jesus, through the goal posts of life.

Edited to give proper attribution (this is a thread about IP, after all): The above phrase is part of a country song written by Bobby Bare.
Proper attribution, my Aunt Fanny! The song was written by Paul Craft. :nyah:
Lawsuit! Lawsuit!
 
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