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CBS/Paramount sues to stop Axanar

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She was never conned, not sure what your talking about?

Good. So she was never asked to send money AFTER Paramount contacted the TrekUnited team and told them they would NEVER accept the money, and that they should not only cease in collecting it, but refund everything that had been donated. That's good.

And if she didn't donate, then she wasn't told to hold off demanding a refund while some idiotic claim that TrekUnited would produce the season themselves in Canada using some fake person named Al Vinci was offered.

She can,of course, speak for herself. Never met Al Vinci, had nothing to do with him.

Because he ain't real.

As far as facts go I have nothing to hide. I have always been for the fans and I have a over a decade of posts here on Tbbs and Tu to prove that. Mike you really don't know me, and some of the things I have done as a fan and for the fans.

It's called guilt by association. And you were there supporting those alleged scam efforts every step of the way. I know the people who saw the light, and did so either publicly or quietly (feeding Gustavo, the LA Times and me information).

Just like with Axanar. Yes, Peters is the one sued. But others involved are guilty by association. It doesn't make them bad people necessarily, because maybe their heart was in the right place. And maybe yours was, too, Tom. But that doesn't change what was done.

And if you've become some great defender of the fans since then, that's wonderful. But it's hard for me to believe you've understood what terrible things TrekUnited did, when you defend it. And that is why you're in that context.

It's quite relevant to this conversation, because Axanar did the same thing TrekUnited did — exploit the passion of the fans to enrich themselves. Maybe the initial intentions were pure, but once the money rolled in, that purity was quickly poisoned. And the victims were/are fans, who should NEVER be targeted because they have passion about something.

It's disgusting. And it's why I abhor what Axanar is doing.
 
Eek. I like you both. Don't want to get into the middle.

I am a member of TU (haven't posted there in years; might have posted on their FB group within the last year? Not sure). Never gave $$ to Tim B. That always struck me as odd and it was all moving rather quickly, IIRC. That tends to be the sort of thing that gets me to close my wallet more quickly than almost anything else - not giving me (or others) time to think things over. That sort of thing feels like hucksterism to me. Yes, I want(ed) a fifth season of ENT. But I wasn't (still wouldn't) about to pay a large corporation to do that when it was obvious they could afford it just fine. That had nothing to do with the parties involved; I just thought the whole idea was kinda nuts.

Does that answer any questions? God, I hope so.

Thanks, Jespah. I did not pull you into this, so I'm sorry that you were. Whatever TrekUnited is now, I don't know. All I know is what it was, and that it's not exactly under new ownership from Brazzeal.

And if people want to be a part of that, that's fine. And as long as no one is being duped out of money, even better. But no matter what it is now, it doesn't negate what it was.
 
Hey, a sale is a sale.

Again, a sale is a sale.


In this case CBS and Paramount might be operating as one, cooperating toward a mutually beneficial goal. It's like brothers who hate each other, but will risk life and limb to save the other.

I freely admit I don't know all the details, but isn't it also possible that Paramount only controls the ability to make Star Trek feature films, and not the content within them?

For example: Section 31 was only from the TV shows, yet it is featured in Star Trek Into Darkness. Not a problem because the content itself is CBS property, but the film it appears in is Paramount's production.

By the same token -- CBS can make a show set in the movie era because the venue it is produced for is for our home viewing experience - mobile devices, TVs, streaming, and computers. If the new show were to be produced to be released in theaters, Paramount might have a bigger stake in things.

Again, not sure if this is how the agreement is set up or if it even makes logical sense, its just how I've always understood the division between the CBS and Paramount's control of the franchise.
 
I have dealt with both CBS and Paramount as we have worked on the "collector's edition" soundtrack CDs of the various film and TV scores in recent years. In general, CBS handles the TV and overall merchandising and Paramount the movies. But there are many subtleties involved. The studios cooperate very well to make sure everything is handled for the best of the franchise and for both companies.
 
I have dealt with both CBS and Paramount as we have worked on the "collector's edition" soundtrack CDs of the various film and TV scores in recent years. In general, CBS handles the TV and overall merchandising and Paramount the movies. But there are many subtleties involved. The studios cooperate very well to make sure everything is handled for the best of the franchise and for both companies.

I do wonder if there is a person or a group of people who over see the creative aspects, as the TV show is becoming a reality, and possibly set in the movie universe. Will the TV show have full freedom to do what they want? Or will some things be off limit, like Agents of SHIELD gets told what is and isn't off limits for them by the movie people....

Eh. It's for another thread I suppose.
 
I've only dealt with the music licensing but I've been very impressed with the care and attention that CBS Consumer Products puts into Star Trek. There is a great deal of continuity to the executives who have worked on Star Trek for many years, giving them a lot of "institutional memory" (a GOOD thing). Look at this way: there were almost NO Star Trek "expanded" or deluxe soundtrack releases for quite a long time, and then in recent years fans have gotten just about everything we have wanted (with more to come). Also take a look at the personnel choices that they have put into the new show, like Bryan Fuller and Nicholas Meyer. The CBS executives really care about the franchise and respecting the fans and, as I said, they do it with the cooperation of Paramount Pictures. To bring this back to Axanar...these folks, the CBS and Paramount executives, work hard to sort out legal, financial and corporate matters that people have no clue about. They do this to please the audience, and to have to deal with the bozos at Axanar ripping them off and abusing them on the Internet on top of that is just unfair. I really can't go into detail about any of our soundtrack productions but there are so many subtleties from the branding to the imagery to the legal lines...it's a ton of work. When CBS uses an image, they are respecting legal agreements going back forty or fifty years to make sure everything inside that image is cleared and, if appropriate, royalties are being paid. Axanar are just thieves.
 
I think Mr. Peters should name his daily Blogs posted on his 'Axanar Productions website:

Axanar: The Infringement Continues


Why? Take a look at the concept art that Mr. Peters proudly post on the latest Blog - guess he really wants to help C/P prove their case against him. Seriously - C/P could say "Here's another incident of blatant infringement..." and could conceivably be awarded $150K in damages for it.)

link:
http://www.axanarproductions.com/captains-log-april-12th-2016/

It cracks me up that in a previous blog Mr. Peters claims he now 'runs everything past his lawyers' before posting it. If he actually is, and the W&S lawyers are saying "Okay" to stuff like this; I don't see how this is good publicity for their firm as (IMO) they just look like incompetent idiots.

Conversely, If it's the case that Mr. Peters is lying - and either still not running anything by the W&S legal team; or worse, IS running it by them - but is ignoring/disregarding their advice and posting anyway - EITHER WAY - if I was a senior partner in the W&S firm; I'd look at dismissing (read: firing) the staff who thought taking this case Pro Bono would be a good thing and imp[rove the firm's legal reputation - because I don't see how it could when they are seen to allow their client to post things that 100% undermine their argument to the court that until the Axanar film is completed - infringement can't be determined...

Except when you have Blogs from one of your main defendants publically posting concept art and openly admitting said art is related to production of the Axanar feature film.

The continued level of arrogance and outright stupidity displayed by Mr. Peters on a daily basis just astounds me - and I suppose I'm fascinated by it in the same way I might be morbidly fascinated by a train wreck. I'd also really be interested to know how the Winston & Strawn legal team REALLY feel about their main clients daily actions with regards to the actual case - as it seems Mr. Peters continues to be oblivious to the seriousness of the situation he's in.

I'd love to know if the senior partners of W&S are at the point where the really wish they'd never agreed to handle the case Pro Bono.:shrug::rofl:
 
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I think that the Fine Barristers at W & S think of Mr. Peters in the same way they think of all of their clients: Innocent.

As to the rest of what they think, I am sure Aleximo has many traits and challenges his lawyers need to consider, certainly, but also need to store in a Cargo Bay, somewhere in the lower decks of the Firm, so that they can work on the defense of their innocent client.

As an addendum, I have read this entire thread twice, and have not found this mentioned; isn't in comedically ironic(?) that the arguably "Premier Actor Playing the Main Character, Ever of the Franchise", William Shatner, has played a fictional lawyer, Demny Crane, who is the the One Person In The Fictional Universe who could actually WIN the case against the Evil Corporate Infringees!?!?
 
I suppose that if Axanar never plan to get to the "discovery" phase of the lawsuit and are just playing for time then this seemingly bizarre behaviour makes sense.
It has been mentioned upthread that Axanar probably can't afford to go into discovery (both financially and from an evidence POV) so if they are planning to settle/go bankrupt at that stage then anything they do now just adds publicity to the the case.
 
@The People In The Know

Is there any chance that, as part of the impending, inevitable settlement, a Plaintiff Powderd Wig could ask for an auction venue for the Props in possession of the Soon-to-be Former PropMeister of Axanar? Those that donated could get some sort of percent discount or advance notice for auction bidding. CeeBeeEss and The 'Mount would realize more dough in the settlement, and the props would conceivable end up in the hands of those that should have them; We Fans!
 
I suppose that if Axanar never plan to get to the "discovery" phase of the lawsuit and are just playing for time then this seemingly bizarre behaviour makes sense.
It has been mentioned upthread that Axanar probably can't afford to go into discovery (both financially and from an evidence POV) so if they are planning to settle/go bankrupt at that stage then anything they do now just adds publicity to the the case.
Notice though, the judge has ordered both parties to come up with a discovery plan, even before he has ruled on the defendants MTD?? This judge doesn't mess around. He doesn't care for delays. I suspect that he already knows how he is going to rule on the MTD, and wants to get this case along... Also notice that he has ordered them to consider settlement options as well....

I wonder if W&S (specifically the Axanar counsel) have argued before Klausner before...
 
I think Mr. Peters should name his daily Blogs posted on his 'Axanar Productions website:

Axanar: The Infringement Continues


Why? Take a look at the concept art that Mr. Peters proudly post on the latest Blog - guess he really wants to help C/P prove their case against him. Seriously - C/P could say "Here's another incident of blatant infringement..." and could conceivably be awarded $150K in damages for it.)

link:
http://www.axanarproductions.com/captains-log-april-12th-2016/

It cracks me up that in a previous blog Mr. Peters claims he now 'runs everything past his lawyers' before posting it. If he actually is, and the W&S lawyers are saying "Okay" to stuff like this; I don't see how this is good publicity for their firm as (IMO) they just look like incompetent idiots.

Conversely, If it's the case that Mr. Peters is lying - and either still not running anything by the W&S legal team; or worse, IS running it by them - but is ignoring/disregarding their advice and posting anyway - EITHER WAY - if I was a senior partner in the W&S firm; I'd look at dismissing (read: firing) the staff who thought taking this case Pro Bono would be a good thing and imp[rove the firm's legal reputation - because I don't see how it could when they are seen to allow their client to post things that 100% undermine their argument to the court that until the Axanar film is completed - infringement can't be determined...

Except when you have Blogs from one of your main defendants publically posting concept art and openly admitting said art is related to production of the Axanar feature film.

The continued level of arrogance and outright stupidity displayed by Mr. Peters on a daily basis just astounds me - and I suppose I'm fascinated by it in the same way I might be morbidly fascinated by a train wreck. I'd also really be interested to know how the Winston & Strawn legal team REALLY feel about their main clients daily actions with regards to the actual case - as it seems Mr. Peters continues to be oblivious to the seriousness of the situation he's in.

I'd love to know if the senior partners of W&S are at the point where the really wish they'd never agreed to handle the case Pro Bono.:shrug::rofl:

Well, he is calling it "fan art" in the blog.

I agree whole-heartedly with your last sentence. I have no idea what they're getting out of this any more, and I wonder more and more if they fully vetted things before taking the case on. Their arguments don't hold water and are hardly brilliant. If it's the legal angle that drew them into the case, I'd wonder about them. My suspicion at the time was they took it thinking they could negotiate a fair settlement, which would show others "if we can do this for Alec Peters and Axanar, think of what we can do for you." I don't know.

Dragging this out as a strategy only seems to make it worse for all parties on the Axanar side, not better.
 
This might be the Next Big Case for W & S or whomever:

I wonder if the people who were running this secured the rights?
No IP issues though, because it's an ad from 1971...

But, still.



star-trek-showcase-19711.jpg
 
Dragging this out as a strategy only seems to make it worse for all parties on the Axanar side, not better.

Jespah mentioned on Facebook that these types of pleadings cost significantly less than discovery. Once the case moves into discovery Axanar will begin to wrack up all sorts of costs that aren't covered under their pro bono relationship with their counsel. So by issuing these motions defense has been able to add time to the clock, with hopes a settlement could be negotiated....
 
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