• Welcome! The TrekBBS is the number one place to chat about Star Trek with like-minded fans.
    If you are not already a member then please register an account and join in the discussion!

CBS/Paramount sues to stop Axanar

Status
Not open for further replies.
If he has it in him to make a quality Trek production, I look forward to seeing how it turns out. If not, oh well.

Even notwithstanding the legal issue he didn't have the money to make axanar before and if CBS says no crowdfunding and no axanar coffee how can he afford to make it?

I still don't think we'll ever see this movie.
 
JJ said the "fans would be able to continue their project" (meaning Axanar). I doubt he said that thinking that Axanar would wind up being constrained to a 5 minute short. Even Prelude was longer than that. So either the pending rules will not put time-limit constraints on or Axanar will be grandfathered in. I suspect the former.

Why would they grandfather something in? What does it matter what has been allowed in the past? All of that is going to change.

Peters wanted guidelines. He's going to get guidelines. He may not be happy with those guidelines.

Be careful what you ask for.
 
AP's ugly business practices got brought up again on the CBS/Paramount v. Axanar group over on Facebook today, where Steve York made a lengthy post (link) about how Propworx auctioned off the "Trials and Tribbleations" Klingon Cruiser in an auction that went to support Axanar. Greg Jein had built and provided the model to the show gratis, but it vanished after production of the show and Jein wanted it back. I can't speak to the veracity of the claims there, but it sure seems to fit with AP's M.O.

The full text of the Facebook post below, for those who can't access it.
Steve York
4 hrs

THE DEAL WITH THE D-7.

So I keep bringing up the issue with the Klingon Cruiser prop auctioned by Alec Peters and PROPWORX to promote and support Axanar. I've been called “crazy” for it. So here's the story.

A little bit of background: For the last year I've been helping Greg Jein sell parts of his toy collection. If you do not know who Greg is, you certainly know his work. He was a fan of Star Trek since he laid his eyes on the pilot script in the 1960s (he was only 20 or so at the time) and began collecting original Star Trek props and talking to the creators in the early 1970s. He turned his love of collecting, model work and hobbies into a career becoming one of the most legendary special effects creators in Hollywood.

Greg became “officially” involved with Star Trek in the mid-1970s creating a Klingon Cruiser prop for “Phase II” when Star Trek was in discussions to return as a television series or TV movie. The prop was supposed to be used for the opening of The Motion Picture opening but did not have enough details and a new ship was built and filmed by John Dykstra's Apogee. Greg kept many of the molds and pieces from his work, and when he showed off a few pieces from his collection to me still had the pieces for the Klingon Cruiser dating back to the 1970s.

Greg worked on Star Trek from The Motion Picture (then many of the films) through Next Generation building most of the iconic ships. For Deep Space Nine Greg was approached to build the models of the original Enterprise and Space Station for the classic “flashback” episode “Trials and Tribbleations,” a tribute episode to “The Trouble with Tribbles,” originally written by David Gerrold. Greg did an incredible job recreating both, but the building of a Klingon Cruiser prop to complement the episode was not in the budget. Greg, being the amazing, generous Star Trek fan he is surprised the special effects filming team with a complete “flashback” D-7 Klingon Cruiser based on his original molds and creations from the 1970s for accuracy, and save time/money so a Klingon Cruiser would not have the be CGI created. This was a prop he built “gratis” (Doug Drexler's words, not mine) for the production. It really blew away many people involved that Greg could put the Cruiser together in a few days and build it for free for the show.

For his work on “Trials and Tribbleations,” Greg was nominated for an Emmy for special effects, one of the few times his incredible work has been recognized during awards season.

Following the production of the episode the prop ship went missing. Greg had no clue where it ended up; either stolen, stored away in some Paramount/CBS storage after the production, or destroyed. When Paramount/CBS began going through the massive amount of Star Trek pieces in storage to be auctioned starting in 2006, Greg (who not only built many of the pieces at the big auction, but wrote the catalog introduction) always kept his eyes peeled for the missing D-7 prop as it was a sentimental memento of his work and love for Star Trek. He really wanted it back, where ever it was, if it still existed.

Now, flash forward 20 odd years.

I had been following Axanar since it was first announced, even talking to the creators at Bent-Con in 2014 and realizing they were in way over their heads. I'd never really followed the PROPWORX drama or Peters closely, but after a Facebook blow up with David Gerrold, I started digging a little deeper and asking around. PROPWORX had a piece at auction I was interested in and started hearing some bizarre Alec Peters stories from friends. During an e-mail conversation with Jason DeBord in August 2015 over an unrelated Star Trek prop, Jason revealed that Peters still owed him $10,000+ in legal fees from when Peters sued him several years before, lost, and was ordered to pay Jason's legal costs. I really couldn't believe that Gerrold would tie himself to Peters and his history of financial mismanagement and failed lawsuits.

In November 2015 Greg revealed to me the full story behind the Klingon Cruiser prop. It turns out Gary Hutzel, visual effects supervisor, had taken the piece home with him and if the Facebook posts about it are to be believed shortly after production on the episode of Deep Space 9. Greg had a feeling something was going on when Peters, who would regularly call up Greg and ask Star Trek questions, became very silent. Greg is very “old school” and does not use the internet, so he was not aware the prop was being auctioned until shortly before the PROPWORX Star Trek auction at the Las Vegas show in August 2015.

For months the prop was used to promote PROPWORX and Axanar with Mike Bawden writing a press release that a portion (10%) of the auction fees (18%) would go directly to Axanar's budget. The prop was heavily promoted with an initial estimate of $15,000-20,000 with Greg's name referenced several times.

Greg had some terrible luck in the late 1990s when several iconic prop pieces from his collection were stolen (including the Lost in Space B-9 stunt robot that later sold for $300,000+) and he spent years and tons of money battling in court trying to get the pieces back. He did not want to repeat this with Peters and preferred to avoid any legal action. One option would include bidding on and trying to buy back the ship, so Greg would have to pay a ton of money for a sentimental piece he originally built for free.

The D-7 was auctioned in Las Vegas in August 2015 (the same show where Peters had a sit down with the CBS lawyers) where it supposedly sold for an astonishing $26,000 plus auction fees, an additional 18% which would go to PROPWORX, Alec Peters and Axanar. This is the same convention where Peters admitted to the wrong person he would routinely shill bid items up to get the amounts he promised to the people he was brokering items on behalf of. Based on the winning bid, my feeling is the piece did sell to an actual buyer, but there still remains the chance that Peters shill bid the item up and no actual bidder won it. I've been keeping my eyes peeled for any information on the purchaser (if there was an actual one).

Suffice to say Greg was not happy with the way this was carried out and it started (from what I can tell) a chain reaction behind the scenes at CBS. Greg is still very involved with Star Trek and CBS licensing who approach him for feedback, providing original props to base new products on and is even involved with Star Trek: Beyond giving his insight on ship and prop designs. After the Vegas auction and CBS lawyers meeting with Peters, people started talking behind the scenes and Greg recounted his experiences which got the ball rolling with CBS taking Axanar and Alec Peters more seriously.

Greg was informed of the pending Axanar lawsuit (as I imagine there would be questions raised about Star Trek in the 1960s and 70s only Greg might be able to answer) and informed me on December 20it would be coming down the pipe line and to be ready for it. The lawsuit officially went public aroundDecember 29.

I have discussed several legal remedies to return the Klingon Cruiser (or proper compensation) with Greg since November, which were further compounded by PROPWORX's questionable incorporation (it's a mess, and PROPWORX was re-registered in Nevada after its first bankruptcy in 2012) or bringing suit against Gary Hutzel, or asking for assistance from CBS to put pressure on Peters to return the ship during the Axanar legal case. Hutzel died unexpectedly several months ago, and I (and Greg) did not believe bringing suit or involving his family for something they had nothing to do with was the way to go. I talked to Greg about the situation in January (before Hutzel's death) and Greg said he did not blame Gary for the issue: he blamed Peters who likely started promising Hutzel the big money he could get for his Star Trek props through PROPWORX. In Greg's words Peters “should have known better.”

Peters had many chances to do what was right. Instead he insisted on auctioning this piece to promote Axanar and line his pockets with money.

I'm still digesting the announcement from this weekend (and still pissed off prop stealing Peters was able to sneak into the Star Trek Fan Event on Friday while I and 100+ other people who won tickets were stuck outside) but believe me, this bullshit is making me even more devoted to doing what is right, even if it takes another 20 years to return the ship to its rightful owner, or a proper museum.

During all of this, I've noted a few eerie coincidences worth noting:
-In the Original Series episode “Whom Gods Destroy” (which Peters has based Axanar on), Garth of Izar, who Peters portrays, imprisons Dr Cory (played by Keye Luke) as a trap to lure Captain Kirk. CORY LOOKS JUST LIKE GREG JEIN!

-The leaked script for Axanar involves Garth stealing the battle plans for the “new” Klingon D-7 Battle Cruiser. That's art imitating life right there.

-Justin Lin, an Asian American himself, would go out of his way to defend Alec Peters (some boring white dude) who screwed over Greg Jein, a fellow Asian American, who is likely responsible for original series Star Trek prop creator Wah Ming Chang's name being remembered, with Greg tracking down many of the surviving Phaser and Tricorder props that demonstrated Chang's incredible creativity in the 1960s.

-David Gerrold, (one of the leading forces behind Axanar) if the rumors are to be believed has had issues with CBS/Paramount getting quite a bit of merchandising use out of Tribbles and “The Trouble with Tribbles” which he wrote and established his career with Star Trek. Out of all the possible prop pieces to have serious issues with, I find it more than a coincidence it was a piece from the Deep Space 9 episode “Trials and Tribbleations,” an episode based on Gerrold's original work, especially if Gerrold feels like they've gotten quite a bit of extra merchandising money and mileage from it. If the further rumors that Gerrold has been very well compensated for his work on Axanar are true, this really doesn't surprise me that Peters would go out of his way to use the Tribbleations Cruiser to promote Axanar, PROPWORX and compensate David Gerrold.

So there you have it kids. You can keep calling me “crazy” all you want (which I am), but I'm not making this stuff up.
 
If he has it in him to make a quality Trek production, I look forward to seeing how it turns out. If not, oh well.

I would like fans to get their film, really I would, even if I wouldn't personally want all the pewpew. Its really a deep shame in retrospect that someone like DeForest Kelley wasn't in charge of Axanar.
 
Last edited:
AP's ugly business practices got brought up again on the CBS/Paramount v. Axanar group over on Facebook today, where Steve York made a lengthy post (link) about how Propworx auctioned off the "Trials and Tribbleations" Klingon Cruiser in an auction that went to support Axanar.
That was interesting. Now let's wait for the rebuttal: "Lies! All lies!! There's no truth it any of it!" Once, I'd believe it not true. Twice or even three times, maybe. But there have been a ton of stories like that coming out for months now. Where there's smoke, there's fire. And there's a lot of smoke coming from AP's area.
 
That was interesting. Now let's wait for the rebuttal: "Lies! All lies!! There's no truth it any of it!" Once, I'd believe it not true. Twice or even three times, maybe. But there have been a ton of stories like that coming out for months now. Where there's smoke, there's fire. And there's a lot of smoke coming from AP's area.

I recall people saying Alec defended bidding in his own auctions by claiming it was a blind process conducted by someone else on his behalf. Criticism of this I think was that he would be paying the buyer's premium in effect to himself, thus able to bid more, and that the potential for shill bidding was created anyway. I believe these comments have been posted here in this thread some time ago.

But this discussion really goes beyond his justifications. I wonder if further info will emerge about the D7 now that this is posted in the current discussions.
 
Last edited:
AP's ugly business practices got brought up again on the CBS/Paramount v. Axanar group over on Facebook today, where Steve York made a lengthy post (link) about how Propworx auctioned off the "Trials and Tribbleations" Klingon Cruiser in an auction that went to support Axanar. Greg Jein had built and provided the model to the show gratis, but it vanished after production of the show and Jein wanted it back. I can't speak to the veracity of the claims there, but it sure seems to fit with AP's M.O.

The full text of the Facebook post below, for those who can't access it.

What a...............

 
Last edited:
Hi, I'd like to offer a thought I've put into this discussion a few times which I think is pertinent to settlement and to your current take on it.

Technology for video and computer-based cinema (avatar scripting, video production), as well as technology to distribute video and sell it, is allowing small groups to compete in these matters with studios more and more each day.

Studios who write scripted series depend on creating a "hook" of characters, situation, backstory which will keep viewers coming back over years, and buying into spinoffs, too. Witness NCIS, NCIS Los Angeles, NCIS New Orleans.

Now imagine if the CBS/P fan film settlement says fans of a show can produce what they want around the hook, just as long as they dont use crowdfunding and limit it to 45 minutes.

Do you think CBS would welcome fan-produced NCIS San Francisco, NCIS Chicago, NCIS Dallas, and on and on and on that could arise from it? Or "next season now" versions of Hawaii 5-0? Would movie studios welcome a hundred fan film version of the Marvel universe? Because no matter what controls studios try to place on moneymaking distribution channels for such content, ways will be found around them unless the non-studio producers are legally blocked from using the shows "hooks" to produce clone content to start with.

And financially, this case is a big precedent. Can studios afford to let a precedent be established of a 'fan' project that sells itself as a protected IP and rakes in a half million into a business asset like a studio, and just issue a 'slap on the wrist', without insisting on material legal consequences to the persons committing that act?

The problem is that critical mass is approaching on this issue of cloning studio IP. Alec through his 'ambition' may very well have accelerated this issue by a few years, to the point that a pair of major studios have to get ahead of the incoming tsunami with aggressive, if not panicky barriers.

Back to Axanar: nothing JJ said speaks to this framing issue. And the issue could very well affect what sort of settlement happens, regardless what JJ wants. Its just too big an issue to be pushed aside by the desires of a creative staff member on behalf of just one product line. And nothing about this assessment touts a desire to trash Alec specifically, either. Again, its bigger than just the bear-poker.

I just don't see the studios walking away from Alec's incursion without getting serious on this issue.
Nice!
 
AP's ugly business practices got brought up again on the CBS/Paramount v. Axanar group over on Facebook today, where Steve York made a lengthy post (link) about how Propworx auctioned off the "Trials and Tribbleations" Klingon Cruiser in an auction that went to support Axanar. Greg Jein had built and provided the model to the show gratis, but it vanished after production of the show and Jein wanted it back. I can't speak to the veracity of the claims there, but it sure seems to fit with AP's M.O.

The full text of the Facebook post below, for those who can't access it.

To be fair, and not addressing any of the machinations of selling an item liberated from the studio, the article says that 10% of the 18% commission, or 1.8% of the sale price, went to Axanar. That would be less than $1000. Did I misread this?

This is considerably different than what one might assume from a description that an item was auctioned off to support Axanar -- this statement implies the proceeds were in substantial part donated to Axanar, which if the article is accurate, isn't indicated.
 
Last edited:
Legally, he can't do it, and the IP holders are entitled to go after him.

Sure, they are entitled to go after him, but not obligated.

That's why STC, Renegades, and PII/NV are still standing. A strict letter-of-the-law policy would wipe the slate clean, not be talking about issuing guidelines.

I mean, a lot of the rhetoric here seems to revolve around Alec deserving harsh payback for bad karma. But the irony is that JJ of all people went up to bat for the guy, despite the trash-talking Alec did towards nuTrek. It might not have been something you or I would have done in the same circumstances, but he did it. None of us can control whether JJ or CBS/P should be vindictive towards Alec anymore than we could stop them from one day impeding STC, Renegades, or PII/NV. We're merely spectators.
 
I mean, a lot of the rhetoric here seems to revolve around Alec deserving harsh payback for bad karma.

A lot of the fact based content here revolves around the details of why Alec specifically can be found in violation of laws, too, and in significantly greater degree than other 'fan films'. The judge agrees enough with this assertion to allow a trial process to proceed.

Whether or not anyone here says Alec has karma to balance, the basic issue is knowingly taking profit off of IP and creating a professional media operation using that IP. This is in no way diminished by trying to characterize this discussion as marginal rather than focused on the substance.

That said, yes, I agree JJ's statement is ironic big time (def: happening in the opposite way to what is expected, and typically causing wry amusement because of this.) It doesn't make Alec's documented conduct any less against copyright law or clearly stated intent of the studio that fan films "make no money".
 
Last edited:
Why would they grandfather something in?

They're going to HAVE to grandfather to some extent--with the guidelines.

Let's say the new guidelines say ZERO crowdfunding. Should they ask for all the productions that have taken in crowdfunding to retroactively pay every penny of it to them sort of like the IRS coming to claim back-taxes? Of course not. I don't know exactly where they're going to draw the line, but to some extent, you just can't cry over spilt milk. It turned into a mess and they are going to just have to let the past go and set new guidelines from here onward.
 
I was thinking, and others have rolled this around too, that the other simple explanation for Abrams sudden comments on Friday is that he was given the go ahead to speak but at the very last minute. It was so last minute that the teleprompters weren't updated and that limited information had made its way to the the powers that be.

That would still keep the "why" within the realm of what others have also said, that Abrams was worried about his film / co-opting fans to back into the fold / creating as good a unifying front as possible.

If Uncle Occam is to be honored, reducing that gets us one less assumption -- he spoke out of turn and caused a commotion. Instead, he spoke in turn, but only a few departments understood. Hence the craziness in back chatter over the weekend.
 
They're going to HAVE to grandfather to some extent--with the guidelines.

Let's say the new guidelines say ZERO crowdfunding. Should they ask for all the productions that have taken in crowdfunding to retroactively pay every penny of it to them sort of like the IRS coming to claim back-taxes? Of course not. I don't know exactly where they're going to draw the line, but to some extent, you just can't cry over spilt milk. It turned into a mess and they are going to just have to let the past go and set new guidelines from here onward.

They don't have to grandfather anything. It's all going forward.

They won't touch previous crowdfunding, what are they going to do? Sue everyone? Because that would be the only way to get it back.

It's all going forward, from this point onward. So, anything is on the table. Crowdfunding, time limits, etc.

What was done in the past doesn't matter. These are guidelines going forward. At most, perhaps, they will ask people to take things down, but I bet not.
 
Status
Not open for further replies.
If you are not already a member then please register an account and join in the discussion!

Sign up / Register


Back
Top