I think his name is JOHN DOE.
CBS/Paramount sues to stop Axanar
- Thread starter Richard Baker
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I think his name is JOHN DOE.
Exactly - which is why I wondered why the waves were breaking upon it. Waves usually break upon the shore, sometimes against cliffs. They are not usually known for breaking against the shell of the sky (AKA firmament)
My musing was really about who wrote the who narration passage (probably AP) since whoever it was probably just picked "firmament" as a fancy sounding word.
The author asserts that because there is a hobbyists' comprehensive record of other fan films not being shut down, that somehow this creates some space for defeating CBS/P on the grounds that they are somehow unfairly singling out Axanar. As I understand it, the enforcement history might address the damages but has 0% bearing on whether the lawsuit can be pressed and won. And CBS/P based damages on the making of benefits, not necessarily the unquantifiable impact of a fan film on ticket sales or the like.
The author also asserts that the 'gift' is that CBS/P admitted to 4 contacts between them and Alec, and so they will be in some sort of weak position where it was reasonable for Alec to assume he could proceed, and it would only be a 'he said/she said' situation (somehow less effective as a case), unless the studios can prove they had written followup to Alec of any instructions not to proceed.
Firstly, it is just the author's speculation that there is no written followup.
Secondly, the studios could potentially demonstrate by their own recollection/records of the meetings what happened, I wouldn't think these things would be without weight. In fact, they could be pretty damning, and meanwhile the whole defense team has to rely on Alec's representation of what actually happened, until CBS/P presents its records to discovery or at trial... *that* sounds like a nice smooth road.
Thirdly, Alec said things here and there in podcasts and the like, and his emails may be discoverable, all of which could show him at some point having told someone that they were in some sense as he understood it, not just left in the dark, but told no or told in respect to a direct request, "we can't agree to that" (which is no, not "unanswered").
In fact, I thought that's what the recent Trekzone podcast unearthed wrt/ the permission to write novellas, wasn't Alec said to have said "we asked and we couldn't get that permission?". I know that's hearsay, but I wonder how emails might weigh in.
Finally, the "innocently proceeding forward without knowledge of wrongdoing" part has to be weighed, I think, in the context of blatant repeated attempts at unlicensed appropriation of Trek IP for resale on the side. It reflects back on how "innocent" the making of the film should be considered to be.
As for the "fair use" assertion which seems to be the main defense W&S talks about, this author seems to think 'fair use' means give Axanar the same treatment as others. I guess it probably doesn't mean that at all. And the author seems to think that all the profiteering angles are no different than other films and so should be discounted. That seems like a stretch.
The blogger says he's married to a lawyer but she refuses to discuss Axanar with him.
I'm not a bit surprised.
The blogger says he's married to a lawyer but she refuses to discuss Axanar with him.
I'm not a bit surprised.
dear blogger,
TMI. And that doesn't stand for TradeMark Infringement.
The new teaser is probably just to excite the True Believers and get them to donate more cash.
"The Federation Stands United."
"The Federation Stands United."
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10. ‘Intrepid’ Suspends Production
9. Axanar Scrambles to Ship Perks
8. No More Defendants Added to Axanar Lawsuit
7. Plaintiffs Answer Counterclaim
6. Axanar's Chief Technologist Resigns Amid Perk Delivery Problems
5. Horizon Creator: Axanar 'Not Wholly Innocent'
4. Defendants Answer CBS, Paramount Legal Complaint
3. Peters Falsely Accuses Guidelines Leaker
2. Axanar Guidelines Prompt Fan Films' Backlash
1. Axanar Tries to Rally Fan Films to Its Proposed Guidelines
Read more »9. Axanar Scrambles to Ship Perks
8. No More Defendants Added to Axanar Lawsuit
7. Plaintiffs Answer Counterclaim
6. Axanar's Chief Technologist Resigns Amid Perk Delivery Problems
5. Horizon Creator: Axanar 'Not Wholly Innocent'
4. Defendants Answer CBS, Paramount Legal Complaint
3. Peters Falsely Accuses Guidelines Leaker
2. Axanar Guidelines Prompt Fan Films' Backlash
1. Axanar Tries to Rally Fan Films to Its Proposed Guidelines
The narration struck me as being "writerly." It wasn't a character speaking naturally. It was how a writer imagined literary or elevated speech should sound, except actual literary or elevated speech doesn't sound like that at all. You see it a lot with novice writers.
elevated speech doesn't confer sanctity on stolen pewpew
And he probably thought it's, you know, firm, like hard, you know, FIRM.I think what he wants is a recognized place in the pantheon. How he gets there or what the place is doesn't seem to matter anymore.
Alec wants to be sued six ways to Sunday ?
Well, that can be arranged, let's get DISNEY in on this...
;-)
The Mouse would of handed him his own rear back to him months ago, w/ interest no less.
Namely he would of had to pay Dis to get his own rear back in one piece.
Well, that can be arranged, let's get DISNEY in on this...
;-)
The Mouse would of handed him his own rear back to him months ago, w/ interest no less.
Namely he would of had to pay Dis to get his own rear back in one piece.
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The Mouse probably *is* in on it. I would not be surprised if there hasn't been a summit at some resort. Letting arbitrarily high quality productions copy/dilute IP, distribute, divert IP revenue to seeding and operating their continuing business, and letting them tap the fan wallets and resale aftermarket with impunity because they can call themselves "fan films" just cannot be a pure CBS/P matter.
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I would not be surprised if all of the big studios in Hollywood are watching this, or are part of this.
IP law is so new, ink is still drying on the paperwork, hell IP law might get a rewrite BECAUSE of this mess.
If AP wants to go down as the one who challenged IP law & lost the shirt on his back, well, that's his own damn fault.
IP law is so new, ink is still drying on the paperwork, hell IP law might get a rewrite BECAUSE of this mess.
If AP wants to go down as the one who challenged IP law & lost the shirt on his back, well, that's his own damn fault.
The consensus of comments here over time seems to be W&S wanted to be in the middle of any rewrite.
Maybe they took this case BECAUSE it would be such a mess and thus churn up so many issues. Maybe they are trying to provoke the big players to take action that can be debated. Being outrageous just to push the case forward in the press. Push it up to Stairway to Heaven visibility.
This might shed an interesting light on CBS/P, if they don't want outsiders getting their teeth into the law as it stands.
I think there has to be a clampdown. But in that moment, someone has to carve out what the next definition of "fair use" might be. And W&S has been making this noise and has taken a case that lets them propose something. Not saying they are pushing to take it to court, but someone had to come up with the proposal to countersue in the face of settlement.
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There are some excellent fan films involving Star Wars out there. Mostly they tell other stories, not recreating the principle characters or sets- no one was cast as Han or Luke.
One humorous series "Pink Five" did show events from the original trilogy from a different point of view and IIRC was publicly embraced by George Lucas and was being shown at major conventions.
Let's just hope that the outcome doesn't have a huge wall between the fans & the studios, that would be a bad thing.
That's what is at risk ultimately when all is said & done, once the dust clears, and all like that there.
One thing is clear however, AP will never work in this town again ( to coin an old Hollywood phrase )
That's what is at risk ultimately when all is said & done, once the dust clears, and all like that there.
One thing is clear however, AP will never work in this town again ( to coin an old Hollywood phrase )
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