The guidelines don't prohibit a single thing. All they say is that if you do X, Y, and Z CBS/P promise not to sue you. That's it. You are free to ignore the guidelines, forego the safe harbor, and roll the dice on getting sued or not.
Now to be fair, I would expect that the chance of being sued is higher than it was in the pre-guidelines era.
Actually, the Guidelines DON'T explicitly say they won't raise an objection or pursue legal action - they say they PROBABLY won't; and further state no official authorization is conferred nor are the guidelines an official license for anything.
^^^
And that's significant in that what they are really saying is:
"We'd REALLY rather you NOT make anything Star Trek related; but if you REALLY want to - here are some Guidelines our legal dept. drew up; which, if you follow, we probably won't do anything - BUT - we still reserve the right to; and NONE of these Guidelines are legally binding and we can change/revoke them at ANY time."
And again, for everyone saying (and this is a general reply to those folks, not the person I'm quoting as he hasn't said this) "Axanar/Alec Peters really isn't to blame..." - please point out any of the 'modern' fan production groups starting back around 2000 with "Hidden Frontier" that got so in your face with doing something that got more than a 'please don't do this script' or 'please modify a logo' - or got sued. Again for 15 years or so CBS and Paramount was VERY tolerant of Star trek Fan Films; and didn't bring down the hammer until:
- Axanar claimed they were NOT a 'Fan Film'; but the "first independent/professional Star Trek film..."
- Axanar started going beyond 'Pledge Perks' (the majority of which haven't been delivered - and I'm talking stuff they COULD have done - like patches) - yet IF someone buys an Ares model or Patch from their 'Donor Store' <--- THAT gets sent to the purchaser.
- Axanar actually DID first make a licensing deal for 'Axanar Coffee' with a coffee manufacturer; EVEN THOUGH they didn't acquire any Licensing Rights to do so from CBS/Paramount.
- Alec Peters and RMB openly stated MANY TIMES that a majority of KS funds would be going to 'build a studio to make Axanar' (and then they could rent it out it create their own for profit productions.) <-- Basically Alec peters USED the Star Trek IP (without a License to do so) to obtain start up funds for his for profit business.
- Alec Peters paid himself a salary for 'Producing' Axanar.
- Alec Peters, RMB and David Gerrold REPEATEDLY made statements to the effect: "Disney has Guidelines that allow Star Wars fans to produce fan films. CBS and/or Paramount should/could do the same..."
^^^
And it's EXACTLY what CBS/Paramount did. And their Guidelines are LESS RESTRICTIVE. I again fail to see how the above three Axanar supporters could make those statements then be shocked when CBS/Paramount do EXACTLY what those three said - or further, then claim: "Hey, it's NOT our fault..."
IMO - the fan reaction doesn't make CBS look bad; it makes the fervent fans of Star Trek fan films look bad because honestly, they somehow feel they are openly entitled to do whatever they like and CBS/Paramount are 'evil' because they want to both control the quality of; and make money (not an evil thing for a business) by continuing to produce and market Star Trek themselves because they DO OWN the IP.