CBS/Paramount sues to stop Axanar

[Noname Given]

Yes, Star Trek's OJ trial.

If you're referring to the Civil trial (which is the most appropriate as C/P V. Axanar Productions & Alec Peters is also a Civil trial); remember OJ Simpson was judged as responsible for the murders and ordered to pay damages.

I would expect a similar outcome here with regard to the Defendants - so in a way, yours is a good analogy.

New defense filings on Monday rebutting plaintiffs' opposition to dismissal.

After skimming through the Defense reply motions - Wow.

Defense strategy seems to be: I know I seem to have an unsupportable argument - but maybe if I repeat it to the Judge enough times he'll ignore existing Copyright law (including Copyright case law) and side with me - WIN!

 

[muCephi]

After skimming through the Defense reply motions - Wow.

Defense strategy seems to be: I know I seem to have an unsupportable argument - but maybe if I repeat it to the Judge enough times he'll ignore existing Copyright law (including Copyright case law) and side with me - WIN!

‘Plaintiffs cannot simply rely on their boundless claims to an amorphous, extended Star Trek universe when pursuing claims against defendants in a narrow dispute. ’— Axanar attorney Erin Ranahan [via axamonitor site]

That's http://www.amc.com/movie-guide/best-blob-and-slime-monster-movies you are citing, Ms. R.. Vulcans are a concretely defined concept. There's no way your "boundless amorphous extended generalization or reduce to atoms" redefinition of Trek IP applies when challenging legitimate arguments about well defined IP composite entities like Vulcans. You may be trying to ensnare some of the claims and declare a partial "win", but a 650km asteroid headed toward your client is not appreciably smaller than a 700km asteroid. He needs to quit claim before his Yucatan skyfall arrives.

 

[Jedi_Master]

wonder what threads on attorney websites are like. probably pretty subtle. quote cases at each other instead of outright snark. on second thought, I'm ok.

Thread title: XYZ corporation versus ABC corporation:
Comments:

Lawyer 1: no comment

Lawyer 2: no comment

Lawyer 3: I cannot comment on pending litigation

Lawyer 4: I cannot comment on an open civil suit

Lawyer 5: no comment.

 

[muCephi]

Thread title: XYZ corporation versus ABC corporation:
Comments:

Lawyer 1: no comment

Lawyer 2: no comment

Lawyer 3: I cannot comment on pending litigation

Lawyer 4: I cannot comment on an open civil suit

Lawyer 5: no comment.

maybe there are specialized emojis

 

[jespah]

Emojis are undignified. We use ASCII art.

 

[ThankYouGeneR]

Might this information just be being past from internet article to internet article without adequate substantiation?

Whoa. Okay, that's settled beyond dispute of any kind. The source is one of the production's website itself.

"claims that as of last February, it still used the phrase ........ Bawden has yet to respond to those expanded questions" As of two months ago this was still being displayed?

Hearsay is when an unsworn statement is used to prove the veracity of the statement itself. E. g. I'm not sworn right now and I tell you I am married. This is a fact, yes, but it's technically hearsay under the law.

A better use for these statements is to show a pattern of contradictory statements.

Understood.

 

[muCephi]

Whoa. Okay, that's settled beyond dispute of any kind. The source is one of the production's website itself.

"claims that as of last February, it still used the phrase ........ Bawden has yet to respond to those expanded questions" As of two months ago this was still being displayed?

hmm. my recollection was it wasn't just the bullet link that said officially sanctioned, but the article underneath it, too. archive.org would show.

and I would not be the least surprised if one or more of the twitter accounts commenting on axanar, or the blogs, or the comments areas on axanar articles called this point out where Axanar plainly could see it, significantly before "they" caught it "a few months ago" (?February?).

and if they caught it 'immediately' except for their own press website, is their press release on any of the popular press release distribution sites? Are they suggesting all the republishers got it from the axanar press site?

dont really have the time to research this now, but there could be another sleight of hand going on. of no consequence except for Axanar's credibility if there's a misrepresentation.

 

[Lynsioux]

This is not a little boy's club. Girls just wanna snark too.
The ratio of 60% solid rational adulting and 40% stress-relieving snarking at the villain's expense seems about right to me.

 

[MikeH92467]

Given that this judge reportedly has a short fuse when it comes to delaying tactics, I just wonder if he's just giving AP & Co. enough rope to justify him doing something to them in the likes of Wile E. Coyote having an anvil dropped on his head.

 

[KennyB]

Given that this judge reportedly has a short fuse when it comes to delaying tactics, I just wonder if he's just giving AP & Co. enough rope to justify him doing something to them in the likes of Wile E. Coyote having an anvil dropped on his head.

I am hoping he uses the ACME Anvil Company soon!

 

[Lynsioux]

I am hoping he uses the ACME Anvil Company soon!

Some say it will end with anvil, some with piano,
I know enough of Acme products that all are nice and would suffice.

[Please note that I am neither a hack nor a has-been. I'm not even a wannabe. I'm retired now but I was a behind-the-scenes worker bee and I liked it like that. . }

 

[trynda1701]

This is not a little boy's club. Girls just wanna snark too.
The ratio of 60% solid rational adulting and 40% stress-relieving snarking at the villain's expense seems about right to me.

I would say it's at least 70%/30% or greater in favour of intelligent discussion/snark. And honestly, the snark only dominates in the quiet times between defendants next bad idea posts!

 

[Noname Given]

Some say it will end with anvil, some with piano,
I know enough of Acme products that all are nice and would suffice.

Look it's 'Star Trek' so if it's ACME - the ONLY way this can end is with Alec Peters astride an ACME Rocket (The one where you light the fuse, it 'blasts off' into the sky with Mr. Peters clinging on for dear life) - and then explodes with a suitable 1950ies style "Eat at Joes" -- Or perhaps something more befitting this particular case like, "Drink AXANAR Coffee".

 

[CaptGrumpy]

Look it's 'Star Trek' so if it's ACME - the ONLY way this can end is with Alec Peters astride an ACME Rocket (The one where you light the fuse, it 'blasts off' into the sky with Mr. Peters clinging on for dear life) - and then explodes with a suitable 1950ies style "Eat at Joes" -- Or perhaps something more befitting this particular case like, "Drink AXANAR Coffee".

Or the rocket could start to climb, veer off course and smash into a nearby cliff face

 

[muCephi]

Or the rocket could start to climb, veer off course and smash into a nearby cliff face

well ok, but it has to stutter pewdee pew thru the loopde loops

 

[muCephi]

I would say it's at least 70%/30% or greater in favour of intelligent discussion/snark. And honestly, the snark only dominates in the quiet times between defendants next bad idea posts!

and the opposite

 

[muCephi]

Given that this judge reportedly has a short fuse when it comes to delaying tactics, I just wonder if he's just giving AP & Co. enough rope to justify him doing something to them in the likes of Wile E. Coyote having an anvil dropped on his head.

did a bit of browsing re Judge Klausner. http://www.therobingroom.com/Judge.aspx?ID=54 :

On the other hand, is very strict on plaintiffs when it comes to personal jurisdiction and subject matter jurisdiction. If an institutional party or a governmental party gets caught lying or misleading in the case, that's the death knell with him. He can be scholarly but generally expect to dot your I's and cross your T's with him.

---
of course, being an open forum, there are all sorts of comments in that review page.

but the above comment might have some bearing on why the opening arguments for Axanar have been so much about the C/P claims being unjust for not being well enough made. A kind of hail mary towards a reputation which may exist.

If he grew up on Trek and can recognize most of the similarities tho, it might backfire. it could be fun to be in the room and see if he is trying to suppress a smile.

 

[jespah]

Second half of Trekzone interview is up!

To view this content we will need your consent to set third party cookies.
For more detailed information, see our cookies page.

Accept third party cookies

Thanks, guys!

 

[Lynsioux]

Still watching, but thanks!

It was worth waiting for.

"Unfiltered Alec"

 

[mkstewartesq]

did a bit of browsing re Judge Klausner. http://www.therobingroom.com/Judge.aspx?ID=54 :

On the other hand, is very strict on plaintiffs when it comes to personal jurisdiction and subject matter jurisdiction. If an institutional party or a governmental party gets caught lying or misleading in the case, that's the death knell with him. He can be scholarly but generally expect to dot your I's and cross your T's with him.

---
of course, being an open forum, there are all sorts of comments in that review page.

but the above comment might have some bearing on why the opening arguments for Axanar have been so much about the C/P claims being unjust for not being well enough made. A kind of hail mary towards a reputation which may exist.

If he grew up on Trek and can recognize most of the similarities tho, it might backfire. it could be fun to be in the room and see if he is trying to suppress a smile.

At the same time, as the story in today's Hollywood Reporter shows, he can also be very deliberate about some of the very issues that W&S care about, such as limiting the plaintiff to the actual works that are registered and allowing questions as to whether the plaintiff actually owns the rights upon which they are suing – as he did today when he severely limited the subject matter which the plaintiff could claim was infringed in the Led Zeppelin case, while also allowing the defendant to continue to question whether the named plaintiffs actually own the copyright in the work and, therefore, had standing to sue. Do any of those sound familiar?

Let's face it, this law firm probably has a lot of experience with this judge and, I'm sure, when they saw that the matter has been assigned to him, have done their own research into what his style is, what issues matter to him, and what types of weaknesses in the plaintiffs case they should point to.

Hollywood Reporter, April 26, 2016 .

M