This whole thing is absurd.
CBS said "If you follow these guidelines, we promise not to sue you." They said nothing about applying those guidelines to current series... they said nothing about applying those guidelines to everyone at all, frankly. There is nothing - ZERO, NADA - that CBS said which even remotely implies that current fan series in production WILL be shut down if they don't follow all the guidelines.
As for the nonsensical theories about how "CBS has to apply their rules equally to all fan films or Axanar will use it as a defense", please see the case law established in Paramount Pictures v. Carol Publishing, 25 F. Supp. 2d 372 S.D.N.Y. 1998.
(Summary: Copyright holders can pick and chose where, and with whom, they enforce their copyrights. They can give "special treatment" to anyone they choose, and it can't be used against them in court. It's their intellectual property.)
Even Buzzed reported a couple days ago, when asked whether the guidelines would apply to current ongoing fan series in production, CBS wouldn't comment.
Read between the lines, people. I think reports of fan films' deaths are greatly exaggerated.
The guidelines are very specific and "poking the bear" is what got us into the current situation. Overstepping and violating the stated limits will most likely make things worse. I am expecting that C/P will be more pro-active in handing out C&D's to violators and if they are frequent enough they may decide to pull the plug on the whole thing.
I do agree that films that are currently in production will most likely be allowed to finish up, but any new projects will be closely monitored.
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