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CBS/Paramount sues to stop Axanar

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Read Axanar's Proposed Fan Film Guidelines
Alec Peters tries to rally other fan productions to back his vision for new limits on fan films that wouldn't be needed if not for Axanar. AxaMonitor has a copy of the guidelines Peters worked on this week with other fan producers.
"With CBS/Paramount drafting fan film guidelines, Axanar's Alec Peters has reached out to a half-dozen fan productions for their support of rules Peters wants the studios to accept, and isn't having much luck. The rules include an end to crowdfunding and a limit on films' running times."
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And why, oh why, would any fan-film maker follow Alec's lead? Most of them have just crawled out from under the various busses they'd been thrown under :rolleyes:
 
Most of the other fan films just try to ignore Alec at this point.

This

From what I have heard, the biggest productions, STNV, STC & STR are not on board with Alec. He may of had a couple smaller ones join him, but who knows. Alec wants to be the savior of fan films now. Fuck that, he damaged things more than he has ever helped anything.

If CBS wants to put out guidelines they will make their own decisions of what rules will be in there. They dam well are not going to take any input from Alec.
 
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Well, you're wrong when you state it the way you have - as if all of these are facts. Michael Hinman did not state them as facts, only possibilities based on reports he had from his sources. The only "fact" is that none of us know what CBS is actually planning to do yet. I trust Michael's reporting and he didn't mischaracterize the scenario in the way that you appear to be reading it.

M
I did not state these were facts. I stated that this is the way I understood the article, and that it came from undocumented sources. If I misunderstood something, please clarify.
 
Read Axanar's Proposed Fan Film Guidelines
Alec Peters tries to rally other fan productions to back his vision for new limits on fan films that wouldn't be needed if not for Axanar. AxaMonitor has a copy of the guidelines Peters worked on this week with other fan producers.
"With CBS/Paramount drafting fan film guidelines, Axanar's Alec Peters has reached out to a half-dozen fan productions for their support of rules Peters wants the studios to accept, and isn't having much luck. The rules include an end to crowdfunding and a limit on films' running times."
Read more »
Who is suppose to pay to monitor, audit and enforce the Wizard Glicks wonderful scheme?
 
The irony is that if Alec had these guidelines he proposed put in place he is fucking himself, because he does not have much money left to make the Axanar film he wanted to.
 
I did not state these were facts. I stated that this is the way I understood the article, and that it came from undocumented sources. If I misunderstood something, please clarify.

Weeeeellllll, what you expressed was surprise that no one had considered the statements that you were going to cite as significant . .

I am surprised that no one has picked up on this.

And then you went on to state that “as you understand it”, all of the following were the case, all of which are all phrased as statements of what CBS is doing or will or will not do, using definitive language:

As I understand it:

1. CBS is continuing the lawsuit regardless of whether Paramount is pulling out.
2. CBS will not be participating in creating new fan film guidelines.
3. CBS is continuing the lawsuit as a response to the counterfeiting by Ax Prod.
4. CBS wants the Axanar project completely dissolved.
Correct me if I am wrong.

(Emphasis added)

So I was just – per your request – correcting your misunderstanding as you stated it. We have no facts (yet) to back up any of your understandings that “CBS is continuing the lawsuit”, “CBS will not be participating in” anything, or of what “CBS wants.” The fact that we don’t have anything to support those definitive statements likely accounts for the fact that “ no one has picked up on” these things as you stated them, which you found surprising.

No worries, and did not mean to offend. :)

M
 
I don't even think he wants to at this point.......as long as he has some cash and his warehouse left he will be happy...........
Or even if he does want to, would all the others involved still want to be associated with him? Actors, production people, etc. Would they still want to be known for being a part of this after the stigma has been indelibly marked, regardless of the outcome?

Such a waste...
 
This

I can tell you that the biggest productions, STNV, STC & STR are not on board with Alec. He may of had a couple smaller ones join him, but who knows. Alec wants to be the savior of fan films now. Fuck that, he damaged things more than he has ever helped anything.

If CBS wants to put out guidelines they will make their own decisions of what rules will be in there. They dam well are not going to take any input from Alec.
Hey Tom... according to the linked blog, Alec reached out to and got a response from an "unnamed representative" at Renegades. Can you or anyone else on the production team confirm/deny this?

http://hubcapdave.blogspot.com/2016/05/forging-fan-film-guidelines.html
 
Hey Tom... according to the linked blog, Alec reached out to and got a response from an "unnamed representative" at Renegades. Can you or anyone else on the production team confirm/deny this?

http://hubcapdave.blogspot.com/2016/05/forging-fan-film-guidelines.html

My personal feeling is that CBS will determine what rules (if any) they want to impose and it won't be based on anything that comes from Alec or a few fan films. If my neighbor said he was going to come up with rules so we can play in his yard, my friends and I are not going to dictate what rules we want to him to impose. He will impose his own rules.
 
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@jespah Reading through your blog post. I have a few responses, but limited time this weekend.

My primary response is that the various public flailings and comments of AP and Co. were in fact foreshadowing their defense strategy.
My secondary response is that they are delusional if they think their Answer will survive the rigors of discovery - however, I suspect they will be deposing the unnamed (well unnamed until Alec identified them in conversation with the blogger I linked to above) CBS executives in an attempt to portray their friendly conversation with Alec in August (?) of 2015 as a implied waiver, or some other definition that fits one or more of their affirmative defenses.

I still have to read your analysis of the counter claim, but first I need to process this barrel of perforated salmon. ;)
 
@jespah Reading through your blog post. I have a few responses, but limited time this weekend.

My primary response is that the various public flailings and comments of AP and Co. were in fact foreshadowing their defense strategy.
My secondary response is that they are delusional if they think their Answer will survive the rigors of discovery - however, I suspect they will be deposing the unnamed (well unnamed until Alec identified them in conversation with the blogger I linked to above) CBS executives in an attempt to portray their friendly conversation with Alec in August (?) of 2015 as a implied waiver, or some other definition that fits one or more of their affirmative defenses.

I still have to read your analysis of the counter claim, but first I need to process this barrel of perforated salmon. ;)
First off, thank you for reading!

Yeah, it does feel like they tipped their hand in public - and discovery is going to wipe out a lot of their defenses, and a response to the counterclaim will probably knock most of it out as well. The judge can also, on his own initiative, strike a lot of the counterclaim if he feels portions are irrelevant (good-bye late nights with Mom in front of the TV). They might have the bare bones of an equitable estoppel argument. That would depend upon the meeting(s) AP had with CBS, etc. Hence discovery and depositions, of course.
 
I fill out about 25 or so real estate estoppel statements a year. Each has an attached document that states in legalese "Hey guys, this is the best knowledge I have, but if something comes up, this estoppel won't restrict our rights to get more money."
Even if the CBS team made unwise statements it does not mean they concealed needed facts or made false representation if nothing was in writing. I cannot assert my Associations rights without a written document and that has to be signed by a Director, AND include the above referenced disclaimer.
Basically, it seems that they are pinning a whole awful lot on Alec's recollection of a single conversation. I don't consider that wise.
 
This

I can tell you that the biggest productions, STNV, STC & STR are not on board with Alec. He may of had a couple smaller ones join him, but who knows. Alec wants to be the savior of fan films now. Fuck that, he damaged things more than he has ever helped anything.

If CBS wants to put out guidelines they will make their own decisions of what rules will be in there. They dam well are not going to take any input from Alec.
A question comes to mind If Paramount wants to put out guidelines and CBS doesn't, how will that work? Since so many elements of the movies and TV series are comingled, how can you make a fan film that isn't infringing on CBS' rights?
 
Basically, it seems that they are pinning a whole awful lot on Alec's recollection of a single conversation. I don't consider that wise.

"I remember that meeting and I have a photographic memory.

75260b4d177c8e25c3cd4968e4c6b531.jpg


....And then I said to the President...."
 
A question comes to mind If Paramount wants to put out guidelines and CBS doesn't, how will that work? Since so many elements of the movies and TV series are comingled, how can you make a fan film that isn't infringing on CBS' rights?

I think most of it is CBS, unless there is a fan production that dips into JJ's alt trek universe. Even though Paramount has the rights to the films, I think its only the rights to films made after the 2006 CBS/Viacom are what they are concerned about. Star Trek Films 1 to 10, fall under the CBS home video library and their copyrights would be enforced by CBS. Paramount would enforce films 11 - 13. (I could be wrong mind you since I have not seen the actual contract)
 
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