CBS/Paramount sues to stop Axanar
- Thread starter Richard Baker
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My bad. I was infuriated after seeing what they were spending my donor money on I didn't read it properly.
Yeup. Any deal he cuts is going to have holding on to the studio as a deal breaker. Sure, they'll toss is some other big sounding "Sacrifices", those will just to distract attention from the studio. If CBS/Paramount is smart they're going to demand he hand over the studio their IP paid for.l
Ok, now the cat is out of the big and it seems to have ugly claws...
But: Who would want to rent such a thing?
Professional film makers? Really? Don't see it coming.
Or Fan films with small to no budget? Neither.
I don't believe in the rentability of that so called "Studio".
But one thing remains: The faithful donors are the ones being eff'd heavily. I'll have some more popcorn, I guess...
But: Who would want to rent such a thing?
Professional film makers? Really? Don't see it coming.
Or Fan films with small to no budget? Neither.
I don't believe in the rentability of that so called "Studio".
But one thing remains: The faithful donors are the ones being eff'd heavily. I'll have some more popcorn, I guess...
I don't believe in the rentability of that so called "Studio".
But one thing remains: The faithful donors are the ones being eff'd heavily. I'll have some more popcorn, I guess...
I do think we have just witnessed the ceremonial Dropping of the Shoe on the Head of the California Attorney General's office.
Does discovery become public record?
Typically at some point, although I believe there are ways where some of it can be withheld.
I don't think it does automatically but unless there is a protective order filed the receiving party is free to share it even with the news media and naturally if there is a trial it can be entered into evidence there.
Here is an interesting question. As quickly as the judge struck down the motion to dismiss would this case even stand up to a motion for summary judgement by c/p? It seems pretty straight forward there is infringement and I don't see fair use being a viable argument. So are there really facts to debate at trial?
See, this is what I'm seeing:
We've all apparently concluded that the nitty-gritties are not important in this trial. There's obviously the intent to recreate Star Trek, so no reason to get into all that, right?
But CBS/Paramount's complaint already assumes that infringement is taking place, and they want damages paid for every infringed work. So the trial won't really be tackling whether or not infringement took place at all, but rather if any "actual damages" were inflicted on CBS/Paramount through said infringement, and which specific works qualify, based on the rhetoric of the complaint. For that, things will have to get pretty nitty-gritty. The Klingon language debate (for example) will undoubtedly arise again when it comes to figuring out which copyrighted work is specifically being infringed. TMP? Star Trek III? Does every movie and episode that contains Klingon count as an infringed work, or only the first? Only the licensed books wherein the language was delineated? Or maybe all of the above? The trial will be necessary to hash that all out. It's all still relevant.
We've all apparently concluded that the nitty-gritties are not important in this trial. There's obviously the intent to recreate Star Trek, so no reason to get into all that, right?
But CBS/Paramount's complaint already assumes that infringement is taking place, and they want damages paid for every infringed work. So the trial won't really be tackling whether or not infringement took place at all, but rather if any "actual damages" were inflicted on CBS/Paramount through said infringement, and which specific works qualify, based on the rhetoric of the complaint. For that, things will have to get pretty nitty-gritty. The Klingon language debate (for example) will undoubtedly arise again when it comes to figuring out which copyrighted work is specifically being infringed. TMP? Star Trek III? Does every movie and episode that contains Klingon count as an infringed work, or only the first? Only the licensed books wherein the language was delineated? Or maybe all of the above? The trial will be necessary to hash that all out. It's all still relevant.
Exactly. And if ever they'd been really serious about giving their donors what they promised them then they would've built their studio somewhere alot cheaper and would possibly have produced something by now. But thanks to the selfish decision to go where they are now this new business venture is in competition with, well , how many other spaces that could be used as a studio? None of which, I'm guessing, have a great big Sword Of Damocles with the initials CBS carved into it's hilt hanging over it.
I quit supporting crowd funding years ago and opted to donate more directly to projects I felt would put it to real use. I chalked up many failed projects as best intentions gone astray, forgot about them and moved on.
(If I have this correct)
If you go back and watch some of Alex's earlier Con recordings at one point he claimed that $25k would produce Prelude, that turned into $50k and around that point he even showed Prelude at a con in Germany. Next he raised another $250k + to make Prelude? I mean really, this goes on and on right up to the $1.3 million.
I know a lot of crowd funding is loaded with excessive hype but I can't help but wonder when the class action lawsuits will happen for misuse of funds.
(If I have this correct)
If you go back and watch some of Alex's earlier Con recordings at one point he claimed that $25k would produce Prelude, that turned into $50k and around that point he even showed Prelude at a con in Germany. Next he raised another $250k + to make Prelude? I mean really, this goes on and on right up to the $1.3 million.
I know a lot of crowd funding is loaded with excessive hype but I can't help but wonder when the class action lawsuits will happen for misuse of funds.
Ok, now the cat is out of the big and it seems to have ugly claws...
But: Who would want to rent such a thing?
Professional film makers? Really? Don't see it coming.
Or Fan films with small to no budget? Neither.
I don't believe in the rentability of that so called "Studio".
But one thing remains: The faithful donors are the ones being eff'd heavily. I'll have some more popcorn, I guess...
Hence the name change. They must be banking on the fact that some people who get the flyer won't know Valkyrie is really areas and associated with axanar.
I honestly don't think there are any investors or that anything has changed hands with the studios. I think it is just now Valkyrie studies owned my axanar productions.
......I honestly can't even think of something witty to say. Thats unbelievable. is W&S approving any of this? Or helping in any way? I just can't see any sane lawyer recommending the same kind of dodgy tactics used by tiny businesses in my (very small) hometown :/
To be honest, I'm surprised they didn't have W&S cut a deal with C/P at the get-go, pay some amount of damages (say $150,000) and promise to not make Axanar or do any Trek-related thing in the future. Then reappear a few months later with the studio.
We have? When did I agree to this?
Um, no. CBS and Paramount will first have to prove that infringement took place, and that it was at a level that was unlawful. That will be determined through a substantial similarity analysis.
Once that is determined, then CBS and Paramount will enter the damages phase.
No, it won't. I encourage you to read the judge's ruling on the motion to dismiss.
Not really. Even if you take out the Klingon language aspect of it, all CBS and Paramount need is to get max statutory damages on a handful of items, like just the characters alone, and that will wipe out both Axanar and Peters.
Why can't people understand. Axanar has nothing to do with Star Trek, It's a war story that just happens to be set in Star Trek which is okay because Gene didn't like war stories except for that DS 9 thing which really wasn't canon anyway, DS9 just happened to become canon because it was Star Trek. Can't you see how simple it is? Just use a pen name.... yep that will work.
Possibly some semblance of investing has occurred, Peters, Bawden and other members of this scam each investing $1 each to take the 'asset' away from Axanar and so make anything that happens next not attributable to the crowd-funding. I have no expertise in this area (clearly) and I have no idea if something like that could even sever all ties to the law-suit but there's something suspicious afoot. Is is legal?
"I will make it legal"
Sorry, wrong billion dollar franchise.
I don't think the judge will ignore the nitty-gritties (despite what his ruling suggested), because it will seriously limit the number of damages CBS/Paramout can collect. Therefore, the specifics will become very important once it's established that Axanar is indeed infringing (that's only one aspect of the case, not the case itself). The rest of the trial will focus on what actual damages (if any) have been inflicted on the studios, and exactly which copyrighted works are being infringed, as per the complaint. What was it? $150,000 (or actual damages, whichever is higher) in damages for each infringed work? That number could be anywhere from 5 to 500 (as a loose figure) depending on how nitty-gritty things get.
And I doubt CBS/Paramount will be satisfied with just doing what's necessary, when they can easily collect on other things. Therefore, things like the Klingon language will definitely enter into the debate. Every proper noun, every design, every shred of anything that could be argued will be argued, because CBS/Paramount will want to win all they can win. And there will be a significant debate as to which copyrights extend to which works. (For example, are all 79 episodes of TOS eligible as infringed works for appearances of the classic Enterprise or only the first?) These are very important questions to the plaintiffs, and they will be explored if it comes to that.
And I doubt CBS/Paramount will be satisfied with just doing what's necessary, when they can easily collect on other things. Therefore, things like the Klingon language will definitely enter into the debate. Every proper noun, every design, every shred of anything that could be argued will be argued, because CBS/Paramount will want to win all they can win. And there will be a significant debate as to which copyrights extend to which works. (For example, are all 79 episodes of TOS eligible as infringed works for appearances of the classic Enterprise or only the first?) These are very important questions to the plaintiffs, and they will be explored if it comes to that.
I pray this is sarcasm and/or trolling.
Because even if it's obvious to any observer, it still needs to be argued and proven in a court of law. We can't just all say "well, obviously he did it, so let's just skip the trial."
As far as I can conclude (and i'm no lawyer) unless there is a guilty plea and a signed confession, all crimes need to be tried in court before going to damages/sentencing/etc. no matter how obvious the guilt or innocence may be.
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