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CBS/Paramount sues to stop Axanar

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It's also not about suffering. It's just as much about the fact that CBS and Paramount own Star Trek; we do not. It's not our place to determine or dictate what constitutes "fair" guidelines, and it's not our place to declare what should be allowed and what shouldn't.

Make no mistake - this is all just as much a move by CBS/Paramount to make 1000% clear to anyone and everyone who might come along - they are the proprietors and owners of the Star Trek franchise and they will defend that ownership.

Also: the whole thing about putting restrictions on what kinds of stories are allowed being a negative is nonsense. Any writer who is honest with themselves about their talent, their ability and their craft knows that some of the best work comes from problem solving and working within limitations you sometimes can't control. Likewise, a blank page, free reign approach has its place, but it's also just as dangerously able to allow amateurs to produce dreck. Obviously this isn't a catch-all assessment, but one still worth pointing out. To wit, great stories are not written, they are rewritten, and a little editing never hurt anyone.

Alec and Rob like to boast about how professional they are, how this is a legit Hollywood production. Neither of them would last a week in an actual Hollywood writer's room because neither of them are capable of taking the kind of criticism, notes, and direction they'd receive from a showrunner or upper level EP. They want to BE the showrunners and upper level EPs without actually putting in the time to learn the craft. There's a reason that leaked Axanar script isn't fit to line a birdcage, let alone be shot. Alec Peters is not a good writer. He took a two day seminar and assumed he'd learned everything he needed to in order to tell a captivating, nuanced space opera story that would fit in to the mold of his beloved Star Trek franchise. Yet again and again and again and again we have seen him react poorly to any kind of criticism or suggestions to do otherwise than what they want. Even Christian Gossett, who has more talent, class and experience it seems in his pinky than Peters or Burnett do, understood this.

In TV, writers rooms don't work the way Peters and Burnett do; it's the process by which your boss decides what the final tone and content will be, and sometimes your ultimately being overruled by someone higher up on the food chain than you, and then going back to the drawing board and editing down whatever you have according to what has been decided upon. And then you do it all over again for your studio. And then again for your network. It's grueling and often times the story that winds up on screen is markedly different from the one you start out with but that's the nature of the beast. Half the battle is problem solving and no first draft is ever perfect, not in Hollywood, and not in your fan film.
I agree with most of your post, but it's worth pointing out that a "writer's room" is an American concept. It's not something that is widespread in places like the UK. Many of our shows are written without the writer's room structure so familiar to American television. There has also recently been a greater willingness for some American based productions to move away from that model.

I wouldn't mind betting that other fan scripts have been written without the writer's room set up, and from time to time some of those have been pretty good. So while I agree that Peters does not have the experience or knowledge required, or has the capacity to take criticism on his creative efforts, I'm not sure I agree that you can't have a good product without a writer's room or the hierarchical structure it provides. I think that in this case it simply boils down to Peters being one of those people who is doomed in whatever set up because he doesn't allow himself to be surrounded by critics. He reminds me a bit of how George Lucas was said to be on the Star Wars prequels, namely surrounding himself with yes men. Alas, Peters thinks Prelude is his New Hope. :lol:
 
I guess I don't see how the majority of full-length fan films (Axanar aside) and regular fan series were hurting Paramount/CBS. On top of that, most people who work on Star Trek fan films are doing it because they want to be involved with the franchise in some way, so making their own thing is kind of off-topic, so to speak, for them.

I guess for me, as a person who gravitates to storytelling and writing, putting restrictions on what kind of stories are allowed is something I don't like. I mean, as a gut reaction (fair or not) to the rules, I was thinking: "If I made a fan film, it's none your darn business how long the movie is or if I write sequels to it." (I'll also concede that its the part of it I have the most trouble understanding. Most of the other rules seem to be in place to make sure that no one profits off the project -- which is fair -- and that its clear that this's a fan film -- also fair. The story restrictions have no obvious effect on any of these points. I can't see why Paramount/CBS would suffer without them.)
If, as a person who gravitates to storytelling and writing, you came up with a great script or even went on to produce a successful film based on the script, were later confronted with a "fan" who so loved your work that he decided to make his own version of it, and to sell merchandise based on your movie, how would you feel? What if you had planned to produce merchandise based on the film? This is what copyright protection is for.

Storytelling and writing, and the creative freedom to do so, is about the right to create and protect your own work, not grant even well-meaning pretenders the right to use your work as they see fit, especially if they tell everyone they can do it "better" than you.
 
I think that in this case it simply boils down to Peters being one of those people who is doomed in whatever set up because he doesn't allow himself to be surrounded by critics. He reminds me a bit of how George Lucas was said to be on the Star Wars prequels, namely surrounding himself with yes men. Alas, Peters thinks Prelude is his New Hope. :lol:
Does that mean Axanar is his Phantom Menace?
 
Case law is decided by the courts. It is public property since it literally has the effect of binding law (subject to being overturned at a higher level). You cannot "own" law.

Furthermore, the role of the representative is to advance an argument. Not create the law.

... and to represent their client to the best of their (ethical) abilities.
 
Storytelling and writing, and the creative freedom to do so, is about the right to create and protect your own work, not grant even well-meaning pretenders the right to use your work as they see fit, especially if they tell everyone they can do it "better" than you.

It's worth noting (not to you specifically, but generally to those who seem baffled by the legal aspects) that it's not just about fan films and writing - but thats universal across all arts. I've recently taken up legal action with someone as they hired me to make a logo, skipped the bill and had someone else copy my design.

The same thing happens regularly with 'artists' selling prints. Several locally have been caught tracing images from the internet, and then selling those traced images as original artwork.

It might be a distracting point - but the idea that Axanar puts out that they're being singled out or unfairly treated is one of the most irritating parts of their narrative. The legal issue isn't even exclusive to fan films, let alone exclusive to Axanar.

SI guess for me, as a person who gravitates to storytelling and writing, putting restrictions on what kind of stories are allowed is something I don't like.

You'd like it a lot less if someone took all your stories, rewrote them all, made money off it and then broadcast to the entire internet that it was theirs now as you were shit. Thats what team Axanar has done.

They based their work on someone elses. It doesn't matter how cleverly or creative the work may or may not be - it's not Axanars. It's not yours. It's not mine. It's C/P's. Their property, their world, their rules. They have every right to decide how and when it's appropriate to use it and we have absolutely no right to grudge how they decide we play with their toys.
 
I guess for me, as a person who gravitates to storytelling and writing, putting restrictions on what kind of stories are allowed is something I don't like.

I take it you've never heard of "Roddenberry's box." It was the limitations that Roddenberry placed on writers during TNG. While many of the writers hated it--seeing only creative constraints--one writer embraced it. Here's what Michael Piller had to say about the effect Roddenberry's box had on his creativity:

...Roddenberry’s Box forced us as writers to come up with new and interesting ways to tell stories instead of falling back into easier, familiar devices.

The quote comes from Piller's unpublished book, Fade In. In that excellent look at the creative process that gave us Insurrection, Piller discusses the exact episode that led to his epiphany concerning the potential positive effects of limitations on creativity. What's particularly interesting is that Pillar wasn't the only person to come to this realization. By way of an example, here's a 2013 TED talk by Phil Hansen, an artist who lost the ability to create art using traditional methods.
 
Behemoth 11k+-word blog post on the Motion to Compel Discovery
http://www.gandtshow.com/axanar-motion-compel-discovery/

Blog post on the related three attorney declarations will come out about a week from now, mainly to give people a chance to digest this monster and for me to potentially comment on what is supposed to be coming out tomorrow.

Thank you, as ever, for your kind and enthusiast support.
 
I agree with most of your post, but it's worth pointing out that a "writer's room" is an American concept. It's not something that is widespread in places like the UK. Many of our shows are written without the writer's room structure so familiar to American television. There has also recently been a greater willingness for some American based productions to move away from that model.

I wouldn't mind betting that other fan scripts have been written without the writer's room set up, and from time to time some of those have been pretty good. So while I agree that Peters does not have the experience or knowledge required, or has the capacity to take criticism on his creative efforts, I'm not sure I agree that you can't have a good product without a writer's room or the hierarchical structure it provides. I think that in this case it simply boils down to Peters being one of those people who is doomed in whatever set up because he doesn't allow himself to be surrounded by critics. He reminds me a bit of how George Lucas was said to be on the Star Wars prequels, namely surrounding himself with yes men. Alas, Peters thinks Prelude is his New Hope. :lol:

I'm aware this is an American methodology for writing TV, and part of my reason for citing it is largely my own professional experience working in such writer's offices for the past decade. I fully acknowledge also that features are written under different processes as well. That being said - I agree 100% that it's likewise possible to still produce something good via writing using a different methodology. Too, I'm fairly certain most fan films do not adhere to the writing process I outlined in my previous post.

His Achilles heel however is absolutely that he is utterly incapable of the basic writing 1-2-3 of turning in a draft, letting someone critique it, and editing it accordingly. Another user on this board stirred some feathers a few years ago, insisting that she'd written an episode of Chico and the Man on spec at age 12, and that it was shot word for word unchanged. This was later refuted by surviving sources close to the show, not that it needed to be. Such a tall tale is ridiculous, let alone impossible given the general collaborative process of writing for television.

The collaborative process only seems to work for Alec when he's in charge, and when people agree with him.

When I was 12, I wrote a short story for fun. It was a nice 20-pages or so, and I was very proud of it. Thought it was something legitimately good. I let my mom read it, and my mom, a skilled writer in he own right, assumed I was asking for feedback (a common reaction, I think). When she gave me back the story a few days later, scribbled all over with notes, a suggestion for a different ending, and a sheet of bullet points for what didn't really work for her, I was at first devastated. My mom hated it, I thought. My first real successful venture into creative writing that I was willing to share with someone, and it was covered with notes in awful, red ink!

What I didn't immediately realize, and what I live and breathe now every time I put pen to paper or fingers to keyboard is that by its very nature this process requires your being able to open yourself up, put your creative self out there, and be ready every single time to be told, "This is garbage. You can do better. Here's some suggestions." Twenty years later, it's still hard sometimes to get those kinds of notes, it's still hard to not personalize it, and it's still hard to hear "this doesn't work for me." But you roll with it, you open yourself to the possibility that it can still be made better, and you remember that even if your passion to write got you typing away, you still want others to be able to enjoy and understand your story as much as possible. My mom didn't hate my story, she actually quite liked it and was just offering the feedback she assumed that 12-year-old me wanted.

There's a book I love called Art & Fear, and one of its central premises is that in order for your work to be viewed as art, or to potentially be viewed as art, part of the process is obviously learning your craft. Another part is to put your work out there for others to take in, to read, to view, to digest, to interpret, etc and be open to the reaction your art elicits. Is it acclaimed? Do people get it? Does it make sense? Is it enjoyable? Do people hate it? Is it boring?

Alec doesn't get this. He's stuck in that 12-year old mindset. He wants praise. He wants to be rewarded for finishing his first draft. Reading that shitty, shitty first draft that got leaked a few months ago, it's almost a fictionalized account of Peters playing the white knight to save fandom in his own warped mind. It reminds me of my first interactions with him actually, four years ago on this very board when he was desperately trying to unify the fan film groups here on this very BBS, and his vehement and bloodthirsty aggressiveness toward anyone who dared stand in his way. He was going to be the hero of that story, everyone else be damned!

Sound familiar?

I don't know if its that Alec's pathologically incapable of handling anything less than outright praise for every single thing he does, from writing to dropping a deuce, or if his fragile ego and across the board insecurity has deeper, more psychological roots. But he demonstrates a complete lack of understanding and failure to grasp a key element of the writing process. He's an asshole everywhere else, in all is other communications. There's no denying that. But he's also a hack when it comes to screenwriting.

Finally, because it should never be something we take for granted, a big shout-out to @jespah for her continued efforts sifting through the court docs so that we plebes will have a chance of better understanding more clearly what's going on, and to @carlos as well for his continuing, excellent coverage of the latest developments by the fools at Axanar on Axa-monitor. Bless you both.
 
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Me? Be your editor? Why do you think I married a Navy Yeoman? I need all the help I can get!!
Here I married a masters in computer science that spoke Russian at the time. But she's easy on the eyes, great cook, spent some time at Star City and when you need that correct Russian word for a character I have an inside source.
 
Behemoth 11k+-word blog post on the Motion to Compel Discovery
http://www.gandtshow.com/axanar-motion-compel-discovery/

Blog post on the related three attorney declarations will come out about a week from now, mainly to give people a chance to digest this monster and for me to potentially comment on what is supposed to be coming out tomorrow.

Thank you, as ever, for your kind and enthusiast support.

May the Great Bird forever look kindly on you and your house.
 
@Indysolo -- I believe somebody did indeed, ahem, say Cash.
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Neil
 
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