From your lips to the Judge's ears, mu'...from your lips...!!!
CBS/Paramount sues to stop Axanar
- Thread starter Richard Baker
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From your lips to the Judge's ears, mu'...from your lips...!!!
If Alec, really is in the process of protecting assets, as is claimed here, then Carbonate really is all the defense needs at this point. I suspect, that W&S didn't take this case thinking they could win in a Jury trial, rather that they could win in a settlement, meaning that they could stave off Peters losing everything in this case.
So if they can continue to bluff the court, to buy time for Peters to move assets, and for them to negotiate a settlement, then, Peters winds up keeping the studio, and CBS/Paramount get what's ever in the Axanar Coffers, and Peters moves on to make Star Wolf, the Streaming TV series.... Featuring lead Richard Hatch....
So if they can continue to bluff the court, to buy time for Peters to move assets, and for them to negotiate a settlement, then, Peters winds up keeping the studio, and CBS/Paramount get what's ever in the Axanar Coffers, and Peters moves on to make Star Wolf, the Streaming TV series.... Featuring lead Richard Hatch....
That probably paid for his hotel at the Convention.
The thing about a settlement is: The other side has to WANT to settle. Or Mr. Peters has to agree to any settlement C/P might offer and I can guarantee ANY settlement offer by C/P includes:
- Must stop production and fundrasing for 'Axanar' and NEVER complete that film
- Must never do or be attached to any Star Trek fan film project for the rest of your life
(No, I'm not 'in the room'; but I would think both items listed above are a condition of any settlement offer by C/P as that's the only way they'd drop the lawsuit .Anything else makes C/P look 'weak' and willing to give a favorable settlement to others using their IP illegally and that's NOT the message C/P wants to send with this lawsuit. Honestly at this point it may even be that C/P DO NOT want any sort of settlement and want a full Jury trial to REALLY send a message that they WILL prosecute to the full extent of the law. If W&S were expecting to negotiate a quick settlement, I think they miscalculated with BOTH Alec Peters AND CBS/Paramount.)
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Boy, if these people are still successfully soliciting funds for this it makes me think I'm in the wrong line of work.
*raises hand*
Excuse me, Madam Chief Justice Jespah, but one of the arguments is that they are not violating IP or trademarks. On an image publically shown online one of the banners/posters at their stand is showing the words "Star Trek" with the Enterprise/Federation logo and in a well known Star Trek typeface. Is that a violation of IP and/or copyright?
Excuse me, Madam Chief Justice Jespah, but one of the arguments is that they are not violating IP or trademarks. On an image publically shown online one of the banners/posters at their stand is showing the words "Star Trek" with the Enterprise/Federation logo and in a well known Star Trek typeface. Is that a violation of IP and/or copyright?
And just a helluva "fuck you" to the whole legal process.
Thieves have always done pretty well... until they don't.
Not sure you can ding someone on having stuff that has Trek logos on it at a SciFi convention. And there's no injunction on collecting donations, so it's just unethical but not illegal. If they SOLD something in exchange for a donation, tho... but even that isn't the legal issue in the case, I don't think.
That probably paid for his hotel at the Convention.
The thing about a settlement is: The other side has to WANT to settle. Or Mr. Peters has to agree to any settlement C/P might offer and I can guarantee ANY settlement offer by C/P includes:
- Must stop production and fundrasing for 'Axanar' and NEVER complete that film
- Must never do or be attached to any Star Trek fan film project for the rest of your life
(No, I'm not 'in the room'; but I would think both items listed above are a condition of any settlement offer by C/P as that's the only way they'd drop the lawsuit .Anything else makes C/P look 'weak' and willing to give a favorable settlement to others using their IP illegally and that's NOT the message C/P to send with this lawsuit. Honestly at this point it may even be that C/P DO NOT want any sort of settlement and want a full Jury trial to REALLY send a message that they WILL prosecute to the full extent of the law. If W&S were expecting to negotiate a quick settlement, I think they miscalculated with BOTH Alec Peters AND CBS/Paramount.)
I am not in the room either, but I suspect both sides would prefer to settle this before discovery, as that can get expensive.. especially considering Lead Counsel for the plaintiffs lives in NY.
Further, since CBS doesn't give guidelines on "Fan Films" I am not sure how they can really expect to enforce that second line. As much as I think CBS would love to "Pete Rose" Peters from Star Trek, I don't know just how enforceable that could be. They may be able to keep him from any official capacity in any officially licensed Trek Conventions, but could they say keep him from showing up as a regular paying guest.. or keep him from participating in any Cons that aren't licensed by CBS (Comicon for example).
It's really hard to really speculate what CBS/Paramount's end game in this is, because they have been good little clients and kept their mouths shut. It's a shame Peters hasn't said what his first settlement offer to CBS was, it might give insight to how long/far they would take this case.
Well, it does look that way. Is there anybody reading these pages who went to Treklanta and donated? If so, may I ask, just what you donated towards? Are you expecting a DVD of the completed movie? I mean, if you just wanted some swag then fair play to you but I hope you collected on the day and the shown items weren't just 'For Display Purposes Only' because if not you may be in for a long wait...
I agree. Sadly, any "total ban" would have to be enforced by the fans, and there will always be people who view Alec as a martyr. Well, living martyr.
That's if there was a settlement offer, which I question. Peters blabs about everything, why wouldn't he blab about their settlement offer if there was one?
I'm in the camp that CBS isn't really interested in settling. They want to make an example of AP. I don't think they'd turn a good settlement down, but it would have to be a complete capitulation by AP on everything.
Given how serious the infringement is here, and without something definitive CBS could be back here a year from now with another fan film, the outcome of this has to be big and bright and final.
#notalawyerthough
CBS has to get across that Alec Peters hasn't stumbled onto a golden ticket here.
I think he was being honest here. Primarily because it runs against his public face the day the lawsuit hit.. The 300 Memes.. the David and Goliath pitch... I suspect Peters is a bit of a coward behind his bravado... one of the reasons I kind of wish I could have made it to Treklanta, and sat through his Panel...
I don't know... I think it all depends on what it is CBS/Paramount wanted when they went into this back in December...
Listening to the latest T&G show, I think it was Terri (it might have been Janet though) who went through why they were suing... Money was part of it... Quality was another... but the big thing that was said, was they don't want to compete with their own brand... Further, especially since this is the 50th, I don't think either part wants to compete with their own brand on such a HUGE anniversary.. Every dollar spent on Axanar, is potentially a dollar taken away from CBS/Paramount. With the first half of the movie, supposed to be released in the weeks before Beyond, with the second half in the winter, (just before Serise VI premiers) I imagine, just keeping the film from being produced would be what they are after. And I suspect, they just didn't C&D the thing, because they knew after talking with Peters back in August, that wouldn't be sufficient. But that's just my opinion...
Alec would TOTALLY pocket the Everlasting Gobstopper.
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