CBS/Paramount sues to stop Axanar

[mkstewartesq]

I missed this the first time thru .....

Could that argument not be presented for any copyright case?????

They are, in essence, saying that any copyright law is un-Constitutional because any ruling against the infringer violates their First Amendment rights.

How novel of an idea is that???

Actually, the argument is more nuanced than that.

Fair use comes from the First Amendment – it's a limitation on copyright based on the First Amendment. So she's basically saying that if the judge does not find fair use – which she believes exists – then it would be a violation of his First Amendment rights. So she isn't claiming that all copyright is unconstitutional, merely that, if the work is a fair use, it is protected by the First Amendment, and so a failure to find fair use would be a violation of the First Amendment by the court.

M

 

[Ryan F]

Actually, the argument is more nuanced than that.

Fair use comes from the First Amendment – it's a limitation on copyright based on the First Amendment. So she's basically saying that if the judge does not find fair use – which she believes exists – then it would be a violation of his First Amendment rights. So she isn't claiming that all copyright is unconstitutional, merely that, if the work is a fair use, it is protected by the First Amendment, and so a failure to find fair use would be a violation of the First Amendment by the court.

M

But given their extremely broad definition of "fair use", it amounts to the same thing. Steal someone's IP? Hey, that's fair use now! First Amendment!

 

[jespah]

Well, there's also all the lovely muddying going on.

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Thank you for your support - we don't think it's a First Amendment issue, either. It's a somewhat dependent argument - if there is no Fair Use (spoiler alert: there isn't), then the First Amendment claim which hinges thereupon is going to fall as well.

 

[KennyB]

Listening RIGHT NOW @jespah . Thanks for the work and thanks for your salty sailor talk!

 

[Jam3s1701]

Well, there's also all the lovely muddying going on.

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Thank you for your support - we don't think it's a First Amendment issue, either. It's a somewhat dependent argument - if there is no Fair Use (spoiler alert: there isn't), then the First Amendment claim which hinges thereupon is going to fall as well.

Listening now and OH MY GOD this is so good! WHY have I not listened before......

 

[Woulfe]

Listened to the show listed here, it was very interesting to say the least, thanks again for keeping us all up to date.
The shenanigans continue... and as long as they do we shall reach page 1000 easily... AND THEN THERE SHALL BE CAKE !
Or Pie ;-)

 

[jespah]

Oh, thanks, gentlemen. We have fun.

 

[HIjol]

I can attest to that!

 

[Karzak]

Christ, what a scumbag.

 

[F. King Daniel]

 

[urbandefault]

 

[Jam3s1701]

Oh, thanks, gentlemen. We have fun.

Finished lol its LOOOONG but you guys really dont care what you say about certain things and I love it :P <3

 

[mos6507]

Christ, what a scumbag.

Hmm. This is an officially sanctioned CBS clip???

That would lead one to believe that dropping the suit is a done deal, regardless of the counter-suit, unless one hand doesn't know what the other is doing.

 

[Jam3s1701]

Man that man is a fucking leech on humanity - before anyone says it YES! I take exception to that video, It should never have been posted on an official Star Trek Page.

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[Earthrise]

Hmm. This is an officially sanctioned CBS clip???

That would lead one to believe that dropping the suit is a done deal, regardless of the counter-suit, unless one hand doesn't know what the other is doing.

CBS is a huge company. I think the latter possibility is the more likely.

 

[Warped9]

Man that man is a fucking leech on humanity - before anyone says it YES! I take exception to that video, It should never have been posted on an official Star Trek Page.

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Fuck him. He is so full of shit I can smell it from here.

I can't wait for CBS to hammer this turd.

 

[mos6507]

Fuck him. He is so full of shit I can smell it from here.

I can't wait for CBS to hammer this turd.

Only for Alec to cite this video as a way to bash CBS in the court of public opinion for openly announcing/promising one thing and doing the other.

CBS has really been put in a bind here.

 

[Noname Given]

Sounds like the perfect job for someone's idiot nephew or someone playing out a contract.

Hey - didn't W&S claim Alec Peters used to work for CBS as a "Star Trek Expert"? Also, since he claims his Axanar salary was only minimum wage...

Christ, what a scumbag.

After listening to the above Bullshit, all I can say is: I hope JJ Abrams is happy for giving a self-important egotistical asshole a boost to his already overinflated ego; and is overjoyed wuith himself for weakening copyright in the public eye for all to see.

I've been a Star Trek fan for 47 years (started at age 6 too) - and after seeing that, I'll wait until ST:B is on HBO or some other service I subscribe to. Yes, I want to see the film; but as I feel the ONLY reason JJ Abrams did this was because he was somehow paranoid that the JUSTIFIED lawsuit against a grifter and a con man who only really cares about his ego; might cost the ST:B box office a couple of dollars.

So in response, I'll save myself a couple of dollars and see it on cable (which yes, I'm paying for and yes, Abrams will get part a that) - but I just don't feel like directly rewarding someone for further enabling a scumbag like Alec Peters to crow victory; nor support a 'creative personality' like JJ Abrams who obviously sees little harm in weakening Copyright protections across the board for other creative types with smaller popular IPs to protect.

But, that's me,

 

[Indysolo]

Hmm. This is an officially sanctioned CBS clip???

No, that's for the movie, ergo it's a Paramount page.

Paramount = Star Trek movies
CBS = the rest

Neil

 

[YJAGG]

Why, because we know more about film marketing and the mass movie audience than Paramount, or because we're better at researching and projecting box office?

How many big budget. films flopped that were supposed to be the next great thing? Between the comments the trailer provoked, heck Simon peg was all but begging fans to keep an open mind
To the squaking of the directors and the added grief the only online on. All access caused, I would try to keep on good side of "sure audience"