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CBS/Paramount sues to stop Axanar

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Indysolo said:
P.S. This is the first post on page 717 and my birthday is July 17. Coincidence?
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(* @mkstewartesq makes mental note to make first post on page 930, as that should come up on his birthday of 9/30, which, coincidentally, will also likely be the date that Axanar files its Eleventh Motion to Strike or Dismiss in Lieu of Filing an Answer to Complaint.*)
 
mkstewartesq said:
(* @mkstewartesq makes mental note to make first post on page 930, as that should come up on his birthday of 9/30, which, coincidentally, will also likely be the date that Axanar files its Eleventh Motion to Strike or Dismiss in Lieu of Filing an Answer to Complaint.*)
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:lol:



"Let This Be Your Last Motion To Dismiss"

"What Are Space Elves Made Of?"

"The Ranahan Maneuver"

"The Axanar Seven"

"Operation ---- Discovery Phase!"

"Who Mourns For Alec?"

"I, Zavin"
 
mkstewartesq said:
(* @mkstewartesq makes mental note to make first post on page 930, as that should come up on his birthday of 9/30, which, coincidentally, will also likely be the date that Axanar files its Eleventh Motion to Strike or Dismiss in Lieu of Filing an Answer to Complaint.*)
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I call dibs on page 902 then.

I'm holding out for a musical.

The Sound of Infringement.

With yodeling space elves.
 
Jedi_Master said:
If we ever get to page 1202.... well then we might have gotten to the end of the discovery phase.
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I'll be honest - I don't see this ever getting to the end of discovery. I'm not licensed in California (and, as such, am no expert on the rules of the California Bar), but the California Bar Rules (CRPC 4-210(A)) basically provide that "a member shall not directly or indirectly pay or agree to pay, guarantee, represent, or sanction a representation that the member or member's law firm will pay the personal or business expenses of a prospective or existing client" - subject to certain exceptions where the client agrees to repay those expenses or repayment of those expenses will come from some amounts recovered by the client. Costs of litigation is a "personal or business expense" and the rule is meant to prevent lawyers form financing litigation for their client, which could lead to all manners of conflicts of interest.

So "pro bono" is not really "free" - you still have to pay expenses in most cases. And this isn't a case where an exception based on amounts recovered by Axanar really applies (Axanar has no counterclaim for damages, and I don't think the conduct/posture of the case is such that they would be likely to recover costs unless C/P either folded or was utterly spanked in the litigation).

So Axanar will likely be responsible for the expenses of discovery, which could be considerable - which is why they seem to be taking every step possible to stall the case from getting to that point in the hopes it will settle before then. If it gets to discovery, I'd expect a high likelihood that Axanar would fold.if they don't have the money to cover costs.

M
 
mkstewartesq said:
So Axanar will likely be responsible for the expenses of discovery, which could be considerable - which is why they seem to be taking every step possible to stall the case from getting to that point in the hopes it will settle before then. If it gets to discovery, I'd expect a high likelihood that Axanar would fold.if they don't have the money to cover costs.

M
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Why would discovery be expensive? Isn't it just handing over documents, and issuing subpoenas of your adversary, and then reviewing whatever you received from them?
 
mkstewartesq said:
So "pro bono" is not really "free" - you still have to pay expenses in most cases. And this isn't a case where an exception based on amounts recovered by Axanar really applies (Axanar has no counterclaim for damages, and I don't think the conduct/posture of the case is such that they would be likely to recover costs unless C/P either folded or was utterly spanked in the litigation).

So Axanar will likely be responsible for the expenses of discovery, which could be considerable - which is why they seem to be taking every step possible to stall the case from getting to that point in the hopes it will settle before then. If it gets to discovery, I'd expect a high likelihood that Axanar would fold.if they don't have the money to cover costs.

M
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A reasonable perspective. CBS will require an unconditional surrender, so it may take the weight of those legal bills to force AP to give up.
 
mkstewartesq said:
Well, I note that the “open and fair” approach ant Mike Bawden seemed to have been taking last week on the Axanar blog (as noted by @BillJ and others) seems to have stopped pretty quickly. Last April 6, I responded to the following comment made by Mike under the “Kobayashi Maru” post:




by noting that C/P did not only tell Alec to stop (see that pesky lawsuit), but actually notified him that it was asking the court to issue an order to him to stop (note that pesky request for injunctive relief). I then stated that “Suing someone for copyright infringement and asking for $150k per infraction is not telling someone to stop, it’s a stick-up. Sitting down with someone and telling them why you want them to stop is the appropriate course of action” was really just another way of saying “we will view something as ‘being told to stop’ if it is presented in the way we want to hear it, and we will only consider it if we get to argue why we shouldn’t have to stop on our own terms.” I then said “’no’ means ‘no’ - even if you don’t like the reasons for the ‘no’ or how you are told ‘no’”. But I said all of this in a very respectful manner with a request for Mike to respond.

A week later, my comment has still not been approved for publication, though others (favorable to Axanar) submitted in the days since have been. So, make of that what you will.

Looking forward to the outcome of @carlosp ’s discussion with Mike via Trekzone.

M
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BillJ said:
I also have a response to that particular comment in "awaiting moderation". It has been there since April 5th. :lol:
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Well, at least he didn't call you guys haters and ban you, so that's a step forward. A tiny, baby, ant-sized step forward, but still a step.
Indysolo said:
So if someone were to steal Mike's car, the way to resolve that would be to sit down with the thief and find a way that is mutually beneficial to both the thief and Mike. What planet do these people live on? They're bootleggers who got caught in the act (it wasn't difficult to spot) and when asked to stop, they didn't. Instead they concoct excuses that don't stand up to any level of scrutiny.

Neil

P.S. This is the first post on page 717 and my birthday is July 17. Coincidence?
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Agreed. CBS doesn't owe them any kind of explanation, they say stop, you stop no matter what you think. If they were told to stop and refused before the lawsuit was filed, then they have nobody to blame for the lawsuit but themselves.
I can't believe they would actually try to use that as an excuse. If you use something without the owner's permission and they tell you to stop, it doesn't matter why they want you to stop, you just do it.
 
Clone every IP,
Swipe high and low,
Follow every loophole,
Every path you know.

Clone every IP,
Filch every theme,
Follow every crowdsource,
'Till you sell your scheme.

A scheme that will need
Every con attractive,
Every day of your life
For as long as you live.

Clone every IP,
Filch every theme,
Follow every crowdsource,
Till you sell your scheme

A scheme that will need
Every con attractive,
Every day of your life,
For as long as you live.

Clone every IP,
Filch every theme,
Follow every crowdsource,
Till
you
sell
your
scheme!
 
Last edited:
muCephi said:
Clone every IP,
Swipe high and low,
Follow every loophole,
Every path you know.

Clone every IP,
Filch every theme,
Follow every crowdsource,
'Till you sell your scheme.

A scheme that will need
Every con attractive,
Every day of your life
For as long as you live.

Clone every IP,
Filch every theme,
Follow every crowdsource,
Till you sell your scheme

A scheme that will need
Every con attractive,
Every day of your life,
For as long as you live.

Clone every IP,
Filch every theme,
Follow every crowdsource,
Till
you
sell
your
scheme!
Click to expand...
You have no idea how reassuring it is to see Star Trek fans who are also musical aficionados. Especially Rodgers and Hammerstein.
 
carlosp said:
You have no idea how reassuring it is to see Star Trek fans who are also musical aficionados. Especially Rodgers and Hammerstein.
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In my brief time here, come to appreciate there's a diverse bunch of music(al) aficionados.

Though my personal preference would still be for Axanar: The Opera (preferably non-Klingon; bit too atonal)
 
SuperSpaceMan said:
Why would discovery be expensive? Isn't it just handing over documents, and issuing subpoenas of your adversary, and then reviewing whatever you received from them?
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Oh, no - it's much more than that.

Producing documents costs money (copying, document management, delivery, costs of converting paper documents to electronic form, making electronic documents indexible and searchable, possibly having a third party forensics firm examine to see of there have been any alteration or deletions (common where email is subpoenaed))- there are significant costs associated with third party providers to provide all of these services.

But producing documents isn't all of it - think about depositions - even if you are all in the same city (no travel costs), there are still court reporter fees, videopgrapher fees, fees for copies of transcripts and so on. If either side decides to put up an expert witness (common in infringement cases), you have expert witness fees (for each phase of work they do- initial review of the case, meeting with attorneys to prep for deposition, issuance of a written report/opinion if required, attendance at the depositions by each side, and, eventually for prepping for and testifying in court) plus travel and lodging for all of that if the expert witness isn't local.

So, yeah - it can get very expensive.

M
 
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