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CBS/Paramount sues to stop Axanar

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Thank you, to both of you.

I knew I had read it recently and I was troubled by the revelation. I have enjoyed Gerrold's work over the years, having both the "Trials and Tribble-ations" novel adaptation and "Star Wolf" collection. However, I agree that he does not come off well in the incident with Heinlein, made all the more maddening given how generous Heinlein could be. So, it saddens me in a way that I did not expect.

It's a real shame because otherwise Gerrold is pretty much as much an opportunistic jerk as Peters and Cushman are. The difference being that Gerrold seems to still have otherwise reasonable people defending him because of his asssociation with TOS.
 
New on AxaMonitor — Examining Axanar's Claims About Infringement and Damages. Does Fan Film Factor Blog‘s Analysis Hold Up to Scrutiny?

I particularly like the part where you say that the studios will establish Alec's awareness of willful infringement by starting with his law school training (:guffaw::guffaw::guffaw:), and working through his blogs, forum posts, and podcasts (enough explicit deriding of other fanfilms as violating CBS IP in those to make Axanar brand campfire ash).

And I have been pointing in this thread to one podcast at the end of August 2015 where Alec very explicitly says "now CBS may not like that we are violating their IP...too bad...the fact is, we are doing a better job with Trek...". I do hope they ask him about this one in particular. After playing back the excerpt for the jury and press. Throw in the part where they explicitly talk about their profit making intent, for good measure.
 
New on AxaMonitor — Examining Axanar's Claims About Infringement and Damages. Does Fan Film Factor Blog‘s Analysis Hold Up to Scrutiny?


I think you're conclusion of what CBS and Paramount are after, the message to unlicensed films, is dead on. A few hundred thousand dollars isn't much in the grand scheme for a studio. And it's something, most likely, that ALL of the studios support.
 
I particularly like the part where you say that the studios will establish Alec's awareness of willful infringement by starting with his law school training (:guffaw::guffaw::guffaw:), and working through his blogs, forum posts, and podcasts (enough explicit deriding of other fanfilms as violating CBS IP in those to make Axanar brand campfire ash).

And I have been pointing in this thread to one podcast at the end of August 2015 where Alec very explicitly says "now CBS may not like that we are violating their IP...too bad...the fact is, we are doing a better job with Trek...". I do hope they ask him about this one in particular. After playing back the excerpt for the jury and press.


Yeah, Peters is sort of fucked.
They even put it in their Kickstarter or Indie Go Go under the risks... that CBS could stop them.

It's very CLEAR that he knew he was violating copyright. I'm sure he justified it with "everyone else is doing it." But... that doesn't really matter. He willfully and knowingly, even gleefully, violated copyright.
 
I particularly like the part where you say that the studios will establish Alec's awareness of willful infringement by starting with his law school training (:guffaw::guffaw::guffaw:), and working through his blogs, forum posts, and podcasts (enough explicit deriding of other fanfilms as violating CBS IP in those to make Axanar brand campfire ash).

And I have been pointing in this thread to one podcast at the end of August 2015 where Alec very explicitly says "now CBS may not like that we are violating their IP...too bad...the fact is, we are doing a better job with Trek...". I do hope they ask him about this one in particular. After playing back the excerpt for the jury and press.
I would really like to hear him try to spin that.
 
Yeah, Peters is sort of fucked.
They even put it in their Kickstarter or Indie Go Go under the risks... that CBS could stop them.

It's very CLEAR that he knew he was violating copyright. I'm sure he justified it with "everyone else is doing it." But... that doesn't really matter. He willfully and knowingly, even gleefully, violated copyright.

I would really like to hear him try to spin that.

My semi-transcript from upthread about this part of the podcast:

...if CBS gets upset that their IP is being used without permission, sorry but they arent using it... then another section about the future of Ares studios, a place where they can show equity investors the quality of their work, and deliberately doing productions to guild auspices so their work can be picked up by CBS in the future, and creating a studio known for great genre movies as they will be known for making quality Star Trek, and how CBS should (but refused to) let them (Axanar) license Star Trek products to resell "because they are working at such a high level".
 
All the studios have to do is have a 4 hour session where they play back podcast excerpts, and after each excerpt, ask Alec who is speaking. Toast, burnt, ash, plasma.
Every time I think about those podcasts I recall this classic Simpsons exchange:
Principal Skinner: Bart, I'm flabbergasted. Surely you knew as you were writing your own name in 40-foot-high letters on the field that you would be caught.
Bart: Maybe it was one of the other Barts, sir.
Skinner: (yells) THERE ARE NO OTHER BARTS!
 
I know, right. I will add that I believe 'reporting on'... from the beginning of time in the days of long long ago... has been presented by people/persons who see the necessity of something that need a light shined on it. Which itself displays a human bias. The degree to which the journalist self-imposes insistence on staying close to provable facts rather than personally 'leading' the facts to some preconceived or desired conclusion is often found be a rarity.

Being one who often sees the analogous in Star Trek I find myself remembering Capt. Janeway talking to Tuvok when his own highly developed logic, as interpreted by him, told him to act in surrogate in something his captain was prevented from:
"You can use logic to justify almost anything. That's its power - and its flaw."

Journalism, at least to me, does not preclude bias. For sure, how much control bias is allowed in leading evidence to conclusion is something to be vigilantly monitored.
The louder you have to proclaim how fair and balanced you are the less likely you actually are.
 
My semi-transcript from upthread about this part of the podcast:

...if CBS gets upset that their IP is being used without permission, sorry but they arent using it... then another section about the future of Ares studios, a place where they can show equity investors the quality of their work, and deliberately doing productions to guild auspices so their work can be picked up by CBS in the future, and creating a studio known for great genre movies as they will be known for making quality Star Trek, and how CBS should (but refused to) let them (Axanar) license Star Trek products to resell "because they are working at such a high level".
Yes, CBS is soooo mean to him. He was just trying to make good Star Trek. Really, where's the harm in that? :rolleyes:
 
I am amused that it took Alec almost a year to come up with the "friendly blog/mouthpiece" idea.

I guess he felt that the Axanar FB group was the best place for such message control.
But then they started booting anyone who spoke out of turn....:lol:
 
In one of those four recent blogs by Johnathan Lane, he mentions getting hold of the transcript from the recent hearing with Judge Fisk. Is that easily available for public consumption?
 
I particularly like the part where you say that the studios will establish Alec's awareness of willful infringement by starting with his law school training (:guffaw::guffaw::guffaw:), and working through his blogs, forum posts, and podcasts (enough explicit deriding of other fanfilms as violating CBS IP in those to make Axanar brand campfire ash).

And I have been pointing in this thread to one podcast at the end of August 2015 where Alec very explicitly says "now CBS may not like that we are violating their IP...too bad...the fact is, we are doing a better job with Trek...". I do hope they ask him about this one in particular. After playing back the excerpt for the jury and press. Throw in the part where they explicitly talk about their profit making intent, for good measure.
I believe it is podcast 31: The State of Axanar that you are referring to. Which I am now listening to again because of your point.

And which has brought up a couple of questions to me:

14:05 (the defendant speaking)
”Listen, everyone is using everyone else's system, the difference is that Terry is a Technologist and I am a Technology Entrepreneur. I have built two technology companies.”
en·tre·pre·neur
noun
1. a person who organizes and operates a business or businesses, taking on greater than normal financial risks in order to do so.
”So I look at this problem and say why don't we system? It's that simple. And Terry's able to execute it. So now Adam Nimoy is using it for his kickstarter for 'For The Love Of Spock'. And we basically gave it to them for cost.”

So:
-We 'who' gave it to them for cost? Terry? I mean Terry states no-one has finacially contributed to the producing of Ares but him. Therefore there wouldn't be a we in this would there? To whom or what did Mr. Nimoy pay this money?

-What are the two technology companies the defendant has “built”? (as per defendant's statement)

-Did the defendant own these two technology companies or something. I remember reading the defendant saying (sommmmewherrrre) one of them sold for $6M. Did the defendant own that company when it sold for that amount?

I am unable to find any information about them.
 
I believe it is podcast 31: The State of Axanar that you are referring to. Which I am now listening to again because of your point.

And which has brought up a couple of questions to me:

14:05 (the defendant speaking)
”Listen, everyone is using everyone else's system, the difference is that Terry is a Technologist and I am a Technology Entrepreneur. I have built two technology companies.”

”So I look at this problem and say why don't we system? It's that simple. And Terry's able to execute it. So now Adam Nimoy is using it for his kickstarter for 'For The Love Of Spock'. And we basically gave it to them for cost.”

So:
-We 'who' gave it to them for cost? Terry? I mean Terry states no-one has finacially contributed to the producing of Ares but him. Therefore there wouldn't be a we in this would there? To whom or what did Mr. Nimoy pay this money?

-What are the two technology companies the defendant has “built”? (as per defendant's statement)

-Did the defendant own these two technology companies or something. I remember reading the defendant saying (sommmmewherrrre) one of them sold for $6M. Did the defendant own that company when it sold for that amount?

I am unable to find any information about them.

Well, there was an online fantasy sports company, and I imagine the other was PropWorx. Yes, they both used technology. But "technology company"? That's really for companies that create technology, or create whole new categories of products out of technology, not just use technology to do something that already exists. Did he also create two furniture companies, two personnel companies, two telephone companies, etc, just because he used those things in average ways? Setting up a mailing list/shopping cart system that tracks its payments as 'donations' and its products as downloadable 'perks' isn't really groundbreaking technology. Its at best an innovation in online membership based media sales. Arguably the same for fantasy gaming and an auction house. But, whaaaaatevvvver, ya know...

As for the podcast, it just keeps on giving. Look out somewhere near the end where they are really feeling their righteous fan oats and dis Ms. Nichols for having Jheri Curls in one of the movies. Classy stuff from super fans. They score a rarely truly justified emoji :barf:for that one.
 
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In one of those four recent blogs by Johnathan Lane, he mentions getting hold of the transcript from the recent hearing with Judge Eick. Is that easily available for public consumption?
It costs money and takes some time to get the transcript from court hearings. Normally, they take 14 days (seven days expedited if you're willing to pay more). So they're "easy" to obtain if you've got time and moolah.
 
It costs money and takes some time to get the transcript from court hearings. Normally, they take 14 days (seven days expedited if you're willing to pay more). So they're "easy" to obtain if you've got time and moolah.

I am really beginning to wonder whether the mouthpiece strategy will at some point provably and significantly violate the nondisclosure agreement made with the court.

It would be such a shame if Mr. Lane got dragged into a lawsuit due to circumstances totally out of his control, as happened to Axanar. :rolleyes:
 
As for the podcast, it just keeps on giving. Look out somewhere near the end where they are really feeling their righteous fan oats and dis Ms. Nichols for having Jheri Curls in one of the movies. Classy stuff from super fans. They score a rarely truly justified emoji :barf:for that one.
At the risk of receiving another threatening email from Chris Jones, I'm amazed Trek.fm has kept those podcasts online, much less published new ones after the lawsuit was filed. If there ever was an FTC or California AG investigation into any of this this, Jones and his partners could be liable for effectively publishing "deceptive" advertising.
 
^^^ Wait... what? Christopher Jones? C. Bryan Jones?

'Another' threatening email? Threatening what?
 
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