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CBS/Paramount sues to stop Axanar

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Well, along that train of thought, what if the director and producer of a certain third film in a franchise were a little worried about how it would be received? What if they wanted no distractions around the buzz from when the film opened?

Remember, multiple things can be true at the same time. Abrams and Lin could be concerned and pressed to get the matter settled. The higher ups might have decided "Well, instead of taking Alec to the grave-yard, we'll just take him to task by settling the matter. He loses something, we lose something, but there's no mote in the press-eye during the release of the film."

It may be less of a big change, in as much as instead of going for 100% of the goal, they'll settle for 60% if it doesn't impact the franchise.

Note, given Axanar's Answer today, where they've now made JJ and Lin's statements part of the case AND counter-sued CBS & Paramount, I do wonder what impact that's going to have on those very same higher-ups.
I don't think the Answer will greatly affect the calculus used by CBS/P to determine their settlement demands. The fundamentals of their demands aren't impacted by Alec's public posturing. Those fundamentals are likely based on what will impact their future earnings and what will reduce the need for expensive lawsuits in the future.
 
A couple of things struck me about the response.

1. "Abandoned their copyrights?" Really? What do they think this is, a trademark case? Oh wait, you said it wasn't...

2. The number of affirmative defenses that seem like throwing shit at the wall. I can only assume that the lack of support for any of those defenses is standard in this phase?

3. The "Alec Peters is the Ultimate Fan" bullshit strikes me not only as gratuitous self-aggrandizement with a lawyer as a proxy, but also a potential misstep. They're claiming ignorance about the copyrights, yet Alec Peters is THE Star Trek Expert. That kinda shoots the "we didn't know" defense in the foot IMO.

Then again, not a lawyer; I could just not be seeing the strategy. :)

On another note, if the settlement does happen and Alec gets to make his film, would anyone like to bet on how long it is before he's saying "They caved because they knew we were going to win!"?
 
Star Trek is some important shit! And if you disagree with a "True Believer", you deserve whatever happens to you including getting your wife deported!

End sarcasm.

You simply have some folks that have replaced religion with Star Trek in their lives. All the fury and hate just a different focal point.
The immigration one was fun. The idiot emailed us that he did it; bragging and being a little shit head. We were still early in the GC process, so we were dealing with a officer/caseworker at the time to arrange various appointments. Call them up, forwarded over the email while I was one the phone, and got "Oh, we know about it, this person can expect us to follow up with them in person about their issue". Last I heard about it, was a call that basically went "They had followed up and addressed the person's concerns and would be forwarding the matter to appropriate department for evaluation and action if needed". Never heard anything more of ir or the person.
 
Hey, you, and everyone else here, were right. You'll get no argument from me on this. I can see reality for what it is, unlike AP, apparently.
It was a given that JJ and Lin opening their mouths out of turn would emboldened the collective of idiocy that is the Axanar faithful. Peters has a nice little cult of personality going for him, L. Ron Hubbard would be proud.
 
Well, along that train of thought, what if the director and producer of a certain third film in a franchise were a little worried about how it would be received? What if they wanted no distractions around the buzz from when the film opened?

Remember, multiple things can be true at the same time. Abrams and Lin could be concerned and pressed to get the matter settled. The higher ups might have decided "Well, instead of taking Alec to the grave-yard, we'll just take him to task by settling the matter. He loses something, we lose something, but there's no mote in the press-eye during the release of the film."

It may be less of a big change, in as much as instead of going for 100% of the goal, they'll settle for 60% if it doesn't impact the franchise.

Note, given Axanar's Answer today, where they've now made JJ and Lin's statements part of the case AND counter-sued CBS & Paramount, I do wonder what impact that's going to have on those very same higher-ups.
I tend to agree with the above except I think they could get 87% of what they wanted in a settlement. The thing will be whether or not the settlement includes language where Peters has to admit he willfully infringed upon C/P IP and intended to use it for commercial gain. And of course, "Axanar" will not be made. That language may be in there, and in return for admitting it, C/P agrees not to divulge those details of the settlement other than "Axanar" cannot be made, at least not in the scope and form Peters intended. I'd bet it would also stipulate that (mostly because of Peters' mouth) if Peters should do or say something in the future that is disparaging to CBS, Paramount, or "Star Trek" or in any form misrepresents the content of the settlement, they can come back down on him like a ton of bricks.
 
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I don't think the Answer will greatly affect the calculus used by CBS/P to determine their settlement demands. The fundamentals of their demands aren't impacted by Alec's public posturing. Those fundamentals are likely based on what will impact their future earnings and what will reduce the need for expensive lawsuits in the future.

True. If this is just an example of the "show" that happens in a case, then C/P will choose to settle anyway. However, if the lawyers come back to management and say "We have a bigger problem on our hands because of their counter claim", C/P may change their mind on fighting to the end, Trek 3 revenues be damned.

Drama!!!!
 
Although I am sure @jespah will have her expert take on the Answer, in my layman's view this feels like more of the same "Throw stuff at the wall and see what sticks" - the Defense denies everything, attempts to reuse arguments from the MTD, names a dozen or more affirmative defenses, contradicts several of those defenses, spends a few pages praising the fanvenance of Alec, and then flips a bird at the Plaintiffs by countersuing. Along the way it makes some unintentionally funny assertions, like those little curlicues on the Space Elf robes were Chinese, not Vulcan, and that CBS/P have abandoned their copyrights. :lol:
Oh and it still pretends that Paramount and CBS haven't clearly provided enough evidence of who owes what copyright.

It's the best Ranahan can do, and it won't hold up very well in the light of day.
I think you're summary of W&S's latest court filing wins the internet for the day. :bolian:
 
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Hey, you, and everyone else here, were right. You'll get no argument from me on this. I can see reality for what it is, unlike AP, apparently.

I cant find where I said what you quoted. Was that me? (Not that I don't agree with it. I'd love to be in the room with Peters and his attorneys should they be given settlement papers.)
 
True. If this is just an example of the "show" that happens in a case, then C/P will choose to settle anyway. However, if the lawyers come back to management and say "We have a bigger problem on our hands because of their counter claim", C/P may change their mind on fighting.

Drama!!!!
More drama is desirable, but settlement would be a big "win" for CBS. They hold ALL the cards and can demand whatever they want. They don't have to worry about any potential precedent from the case, they can create "guidelines" as a gift to the various productions who haven't poked them in the Eye, and they can save some unrecoverable money.
Discovery will WRECK the Defense's case, absolutely WRECK it, and the Defense knows that, and the Plaintiffs can let them stew in their juices contemplating how terrible it will be when people start combing through the available evidence. How many people in the fan film community would be happy to provide information about Alec? :)
If the BEST counteroffer served up by Ranahan is "give us some money for all the paper we wasted on Alec, and let him make the film" then their position is as weak as we all know it to be, and the Defense Team are thrashing and flailing to look as good as possible to potential FUTURE clients.
Loeb & Loeb aren't new to this - they know how the game is played, and they will advise their clients to pursue the best course, which in my opinion will be to "settle" the suit in a way that ends this nonsense once and for all.
 
I guess this is the part that still bothers me. Does anyone actually believe this lawsuit is going to damage Beyond's gross in any meaningful way?
According to the Axanariologist the boycott was gonig to backrupt the studio and force CBS to drop the suit.
 
Oh yeah - for some reason my poor old brain is still a couple of decades behind w/ regard to Trek TV vs movie ownership. I wish they would be done with it and put it all back under one roof, already!
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