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CBS/Paramount sues to stop Axanar

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Albinator said:
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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It was sarcasm in response to a common attitude I've seen regarding the trial, where some think we might as well skip the trial, because the infringement is so obvious. My point is that infringement alone is only one aspect of the trial. The calculation and awarding of damages is precisely where things will have to get specific, and will doubtless require a lot of time to figure out.
 
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Albinator said:
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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Not necessarily. They can file for summary judgement which basically says its so obvious what happened a trial is a waste of time. Not often granted but possible.
 
aalenfae said:
It was sarcasm in response to a common attitude I've seen regarding the trial, where some think we might as well skip the trial, because the infringement is so obvious. My point is that infringement alone is only one aspect of the trial. The calculation and awarding of damages is precisely where things will have to get specific, and will doubtless require a lot of time to figure out.
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Well, ok, if I understand, you feel that anyone who says the issues are so obvious that the case should "skip trial" is deserving not just of being offered your "details matter" analysis, but also of sarcasm.

I note that both sides indicated during scheduling that they *intend* to file for summary judgment at the appropriate time, which *is* a statement that they feel the issues are so obvious that there is nothing requiring a trial. Literally, that is what it means.

The arguments you question might need your analysis, but they probably don't deserve sarcasm, considering that the principals of the lawsuit made the same point, and they have a lot more at stake.
 
GeorgeKirk said:
How long before Peters claims that the donors don't have a problem with the studio rename/rebranding and anyone who says otherwise is a hater?
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I don't know............the mention of 'haters' brought this to mind though

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At least by posting that add, Peters & Co have made sure CBS will know exactly what they are getting when they win it all at the end of the trial.
 
Noname Given said:
Only as far as what's ultimately used as evidence or brought up during testimony in the Trial (if this goes to Trial of course). Unless sealed by the court - the Civil Trial transcript will be public record.
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That's what I would assume.
I'm also pretty certain it won't get to trial. Mounting legal bills and... well, discovery, I think is going to have Peters accepting whatever deal CBS/Paramout would offer.
So, we might not see what was found in discovery.
 
Sgt_G said:
From Twitter:

DONOR: Are you telling me book sales went to a studio and not the movie?

Alec Peters: No that is not the case. Don't listen to the trolls. You are being lied to.​

Okay, if you say so.
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The donor by inference wants exact info about what 'book sales' went to, not "nope it wasn't that (don't you worry your little head)". Does Alec have the slightest clue that there are minds at the other side of the on-screen text? And that some of them might be auditors?

Sgt_G said:
There are no "mounting legal bills" if the case is being handled pro bono.
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You haven't lived till you've had your case photocopies done by a legal intern billed at professional rates.
 
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Noname Given said:
Only as far as what's ultimately used as evidence or brought up during testimony in the Trial (if this goes to Trial of course). Unless sealed by the court - the Civil Trial transcript will be public record.
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I believe discovery info can enter the case record if either side files complaining about unresponsiveness, and cites what they got as evidence of the other party trying to thwart discovery. It can also emerge during various cross motions all the way up to and including summary judgment filings, all before trial. But as I understand it, one of the parties has to put info in the filing or expose it at trial, it isn't automatically made public.
 
Sgt_G said:
From Twitter:

DONOR: Are you telling me book sales went to a studio and not the movie?

Alec Peters: No that is not the case. Don't listen to the trolls. You are being lied to.​

Okay, if you say so.
Click to expand...

That 'donor' is actually Marc Cushman, author of the 'These Are The Voyages' non-fiction books that detailed the making of the original series.

Apparently, the third and final book in that series was crowd funded on Kickstarter, and Cushman decided to donate a percentage of the proceeds of that fundraiser to Axanar. Essentially, if you bought Cushman's book via the Kickstarter, then you're an Axanar donor by proxy!

Now Cushman is complaining that he thought he was giving his money to fund a fan-film, and has only just realised he's been duped, and that the funds have instead been sunk into Valkyrie Studios so that AP can make a profit renting it out.
 
Ryan F said:
That 'donor' is actually Marc Cushman, author of the 'These Are The Voyages' non-fiction books that detailed the making of the original series.

Apparently, the third and final book in that series was crowd funded on Kickstarter, and Cushman decided to donate a percentage of the proceeds of that fundraiser to Axanar. Essentially, if you bought Cushman's book via the Kickstarter, then you're an Axanar donor by proxy!

Now Cushman is complaining that he thought he was giving his money to fund a fan-film, and has only just realised he's been duped, and that the funds have instead been sunk into Valkyrie Studios so that AP can make a profit renting it out.
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If I were him, or any other donor, I would be pissed at this revelation.
 
Earthrise said:
Judging by that comment and response, I'd say you're correct in thinking that Peters doesn't realize that his donors needed to be told about the rebranding before it was leaked. You'd think his PR guy would have made that clear.
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Axanar spokesman Mike Bawden told me today he was "not aware of any re-branding effort." He's due for a meeting with Peters on Monday in Los Angeles at which they're due to discuss "studio developments." I sent him a link to the AxaMonitor article about the re-brand, so maybe with this to react to he'll get back to me sooner.
 
Just sit right back
And you'll hear a tale
A tale of a fateful trip,
That started from this fan film port,
Aboard this tiny ship.

The mate was a mighty sailin' man,
The Skipper brave and sure.
Ten thou' donors set sail that day,
For a three hour tour,
A three hour tour.

The weather started getting rough,
Star Trek at any cost.
If not for the courage of pro bono help
The Mine-o would be lost.
Gold Mine-o would be lost.

The ship's aground on the shore
Of this uncharted fed'ral trial
With PR man,
The Skipper too.
The copyright archives,
A half baked plot,
The attorneys and pissed off fans,
Here on Axanar Isle.
 
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