CBS/Paramount sues to stop Axanar
- Thread starter Richard Baker
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I think you're right. In the Engage podcast, CBS VP John Van Citters said:
While network- or feature-length stories are no longer part of the landscape, fan productions gain the safety of making films without fear of litigation. By contrast, producing long-form stories is “what we [the studios] do,” [AxaMonitor link]
The other thing to bear in mind about the guidelines: Not following them essentially puts fan films back before Axanar mucked things up: Do what you want, but don't be surprised if the hammer comes down one day. The truth is, if you're a fan film, unlike Axanar, that truly doesn't make money, what incentive does CBS have to come after you (other than a C&D)?
When you think about it, the guidelines in reality changed nothing about fan films that exceed them — essentially, do so at your own risk. Well, that's basically where we were in 2010.
To protect the integrity and value of the franchise against those who would perform character assassination, much as when J.K. Rowlin was sending out C&D letters mainly to those fan-fiction authors who placed her teenaged character in very adult situations.
Which, btw, is one of the guidelines. The "family friendly" one.
Thats my take on it as well - this is to make it easy to go after the rare few that cross the line. This wasn't to target anyone they already had good relationships with, like STC, NV and Renegades. Thats why it bothers me so much (although I do understand, its "safe" and "legal" and its totally fair for people to decide not to take chances..) - but my gut feeling agrees totally with the sentiment that it is really no different then it has ever been, and if you behave, it is just as safe as ever - so it is a total shame and dissappointment to me that productions like Renegades had to repackage themselves, even in Koenig and Nichol's final appearances, and the movie era show is probably cancelled, ongoing storylines have been snuffed, and Isolation filed the serial numbers off. I can't help it; its not a conscious decision, but without the Trek branding, my interest is down a good 30 percent. (Not taking anything away from the hard work involved. Just personal reflection, i guess.)
Holy Fuck. In one post, he hints about "stuff he isn't allowed to talk about", throws out a terribly out of context "badass" quote from They Live / Duke Nukem implying his own bad assery, steals the font and logo from Law and Order, and is still planning on using the for profit studio to raise more money and film a David Gerrold movie????
S.M.F.D.H.
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Legal question: during discovery, do the parties get to know everything the other side reveals, or is it just the lawyers that get to see everything? There is a lot of information that was ordered to remain confidential unless it became relevant to the case, no? The other party's lawyers could be disbarred if they leak this type of information out, but what recourse is there if the defendant himself spills the beans?
Let him quote kiddie games.
I think courts have a message for behavior as blatant as Axanar.
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There are different levels of access to the materials found in discovery; attorneys see everything; 'qualified persons' can see the rest. Here's the explainer from AxaMonitor.
As for penalties, my understanding is that disclosure is punishable as perjury because the parties swore to the court that they would not release any confidential information; disclosure would, of course, have made that a lie. The offense is punishable by fine or imprisonment for up to five years.
By the by, Alec Peters made a point of preening about the CBS/Paramount documents he's been allowed to read because of discovery but, of course, can't share.
As for penalties, my understanding is that disclosure is punishable as perjury because the parties swore to the court that they would not release any confidential information; disclosure would, of course, have made that a lie. The offense is punishable by fine or imprisonment for up to five years.
By the by, Alec Peters made a point of preening about the CBS/Paramount documents he's been allowed to read because of discovery but, of course, can't share.
Talking out of court would be pretty stupid; OTOH, unless it is something incidental that intrudes on someone's personal privacy that somehow got into the records turned over, I think pretty much anything that is not work product of L&L attorneys themselves in the course of counseling C/P or working with W&S on negotiations (and same for W&S and Axanar) is fair game to be cited in motions to dismiss and other motions up to trial, and trial. So they have a route to disclosure. I have had to do a little background reading on this to have understanding in a similar situation, so take the info with that qualification.
I suspect, for example, that when W&S tries to make a motion to dismiss, C/P could attach the entire audited Axanar record to their response.
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People have been putting Trek characters in adult situations for a long long time. Think Kirk/Spock fiction. Note that the guidelines don't seem to apply to fan-fiction (text). Only videos. So I don't think the above argument is their main concern.
I don't think they really had to. They should have just finished what they started in the hopes CBS/P would have let it slide. Considering what Continues did, they're probably kicking themselves over it now.
I still think the "professional-fan, donors pay for our studio and operations to literally steal your future profit" thousand flowers blooming scenario across all their properties was their main concern.
I'm pretty sure the Judge could also seal that motion because it contains confidential information, so it's probably not an effective means of disclosure.
Catching up with the Captain's Log I couldn't help but notice in this one:
http://www.axanarproductions.com/captains-log-sep-26th-2016/
They're already talking about problems with Area Digital 2.0 that are delaying shipping of patches and how their new CTO (something all fanfilms surely need) can only work on it in his free time. Which sounds suspiciously familiar.
http://www.axanarproductions.com/captains-log-sep-26th-2016/
They're already talking about problems with Area Digital 2.0 that are delaying shipping of patches and how their new CTO (something all fanfilms surely need) can only work on it in his free time. Which sounds suspiciously familiar.
AxaMonitor did a fact-check of that Ares Digital Captain's Log last week. You can read it here.
The parties do not see everything but AP ("lawyer by training") might push for it, particularly as he is pro bono and they might have worked some sort of deal out with him to save him some $$ in fees. E. g. he would do his own copying or the like. It's possible.
Anyway, we talked about it yesterday, and I got sweary - maybe 34 minutes in? Something like that.
http://www.gandtshow.com/g-t-show-254-happy-bits/
Thank you, as always, for your kind support. Real Semantics Shenanigans show debut will be recorded for the first time in, eek, two weeks.
Anyway, we talked about it yesterday, and I got sweary - maybe 34 minutes in? Something like that.
http://www.gandtshow.com/g-t-show-254-happy-bits/
Thank you, as always, for your kind support. Real Semantics Shenanigans show debut will be recorded for the first time in, eek, two weeks.
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Oops, missed that one. I know it's said a lot but thanks for the hard work you're putting into Axamonitor. It's essential reading.
My computer was out of whack all weekend, have a lot to catch up on I see. I do have to admit, hearing @jespah swear is a good way to start the week off though.
As far as Ares Digital having any problems though........
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