Here is the actual motion. The basic argument is that C/P is improperly trying to turn this into a trademark dispute by "incorrectly" referring to the original short as "Star Trek: Prelude to Axanar."
CBS/Paramount sues to stop Axanar
- Thread starter Richard Baker
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Oh yeah, I've read it all this morning over my morning caffeine injection and it's still bonkers with the suggestion that the name was a trademark issue and unrelated.
Aside form the little things such as them using the twitter name StarTrekAxanar, it just seems to be a sidestep to try and pretend that it was an original project all along and that, despite being based on and using Star Trek elements, is a completely original concept.
"Plaintiffs must be precluded from introducing evidence regarding Defendants’ use of the Star Trek name or trademark, as such evidence is irrelevant to the issues in this case."
....is a particularly laugh-worthy line considering how much evidence that would span. Surely arguing that two words are trademark, not copyright, wouldn't even come close to being considered since it suggests throwing out a huge chunk of blatant infringement?
Note: Unlike Peters, I'm not legally trained
But I've had to fight my share of fights in this realm as clients will say anything to not pay up and this is the kind of attempted loophole I'd start shouting at.
Obviously they're attempting to retcon the entire project. My guess is Judge Klausner won't let them.
There's a kernel of a legitimate point here in that C/P cannot try and argue trademark violations since none were pled in the complaint. It's fair to ask the judge not to let the plaintiffs introduce such claims through the back door. But again, I agree the defense should not get to retcon their entire project into something other than what it is.
102 files, many of which are multi-page, folks.
Fortunately, a lot of them are short but there are a few .... It's about 61 mB of stuff. One thing I was telling Mr. jespah this morning is that a lot of this separate motion practice evolved from computers and the 'net. Way back in the day (leans back in rocking chair), you would incorporate earlier exhibits by reference so you wouldn't have to re-copy them and the typist wouldn't have to retype stuff. It was also helpful for the court as it was less of a storage issue. Now with electronic storage and the ability to just change an occasional heading or signature line and refile the whole mess, you can duplicate this junk in a few hours, days, tops.
For my first job out of law school (1986, yo'), there was a typing pool and there were two women who had word processors. Everyone else had IBM selectric typewriters and you had to be really, really nice to the secretaries so they wouldn't accidentally on purpose shove your dictation (on cassette tapes!) to the bottom of the pile. I recall handing out a ton of small picture frames as gifts that Xmas.
Fortunately, a lot of them are short but there are a few .... It's about 61 mB of stuff. One thing I was telling Mr. jespah this morning is that a lot of this separate motion practice evolved from computers and the 'net. Way back in the day (leans back in rocking chair), you would incorporate earlier exhibits by reference so you wouldn't have to re-copy them and the typist wouldn't have to retype stuff. It was also helpful for the court as it was less of a storage issue. Now with electronic storage and the ability to just change an occasional heading or signature line and refile the whole mess, you can duplicate this junk in a few hours, days, tops.
For my first job out of law school (1986, yo'), there was a typing pool and there were two women who had word processors. Everyone else had IBM selectric typewriters and you had to be really, really nice to the secretaries so they wouldn't accidentally on purpose shove your dictation (on cassette tapes!) to the bottom of the pile. I recall handing out a ton of small picture frames as gifts that Xmas.
@jespah (@Chanukahjes) just a note to tell you I'm enjoying listening to yours and Shanna's conversations on your podcast 'Semantic Shenanigans'. (I'd write a comment on iTunes to say so but it won't allow me to w/out signing into an Apple account 
)
Gate Keeping Behaviors (Alpha Nerds):
Shanna: "It's the 'idea' that the deeper you are into your Geekery the more dominant you are in the [geek/nerd] social scene. So nerds will whip out their Street [Cred] at any opportunity." (I 'think' she said street Crud which to me is the far better term
) So they'll be like one of those birds that puffs up their chests and their throats sacks during mating season. ........ it's really really annoying. It's this 'idea' that hierarchies wlth big name fans and Alpha Nerds start to get constructed. And the people who are kinda at the top of the ladder at least 'fancy themselves' at the top of the ladder THEY START POLICING THE FANDOM, DICTATING WHAT'S APPROPRIATE AND WHAT'S NOT.... AND EVEN POLICING TASTE. We see it all the time in fandom. This idea that My kind of fandom is the only right way."
Janet: "You're only a good fan if you hate Wesley Crusher, you're only a good fan if you hate Jar Jar Binks. That we All Agree that 'X, Y, Z. Well, that's not true at all."
Oh yes, ladies. Since discovering trek fandom in 2009 the Alpha Nerds have pummeled me, beat me down, publicly belittled me, questioned & decried my intelligence and my 'True Trek Fan' fan-ness.
I've heard this in those official podcasts and production support blogs. That, and speaking for All Fans to create the illusion of confirmation/support of their talking points.
)Gate Keeping Behaviors (Alpha Nerds):
Shanna: "It's the 'idea' that the deeper you are into your Geekery the more dominant you are in the [geek/nerd] social scene. So nerds will whip out their Street [Cred] at any opportunity." (I 'think' she said street Crud which to me is the far better term
) So they'll be like one of those birds that puffs up their chests and their throats sacks during mating season. ........ it's really really annoying. It's this 'idea' that hierarchies wlth big name fans and Alpha Nerds start to get constructed. And the people who are kinda at the top of the ladder at least 'fancy themselves' at the top of the ladder THEY START POLICING THE FANDOM, DICTATING WHAT'S APPROPRIATE AND WHAT'S NOT.... AND EVEN POLICING TASTE. We see it all the time in fandom. This idea that My kind of fandom is the only right way."Janet: "You're only a good fan if you hate Wesley Crusher, you're only a good fan if you hate Jar Jar Binks. That we All Agree that 'X, Y, Z. Well, that's not true at all."
Oh yes, ladies. Since discovering trek fandom in 2009 the Alpha Nerds have pummeled me, beat me down, publicly belittled me, questioned & decried my intelligence and my 'True Trek Fan' fan-ness.
I've heard this in those official podcasts and production support blogs. That, and speaking for All Fans to create the illusion of confirmation/support of their talking points.
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Oh, thank you! I will tell her. <3@jespah (@Chanukahjes) just a note to tell you I'm enjoying listening to yours and Shanna's conversations on your podcast 'Semantic Shenanigans'. (I'd write a comment on iTunes to say so but it won't allow me to w/out signing into an Apple account
Gate Keeping Behaviors (Alpha Nerds):
Shanna: "It's the 'idea' that the deeper you are into your Geekery the more dominant you are in the [geek/nerd] social scene. So nerds will whip out their Street [Cred] at any opporturnity (I think she said street Crud
Janet: You're only a good fan if you hate Wesley Crusher, you're only a good fan if you hate Jar Jar Binks. That we All Agree that 'X, Y, Z. Well, that's not true at all."
Oh yes. Since discovering trek fandom in 2009 they've pummeled me and publicly questioned & decried, my intelligence, my 'True Fan' fan-ness.
I sadly, very sadly, agree
Which is why I got the hell outta there. The original post didn't seem so bad, but the subsequent discussion quickly showed that thread's OP's true colors.
What does Axanar want to leave admissible in court, then? I'd almost have more respect for Ranahan if she brazenly told the court to throw out the prosecution's case.
Here is Jonathan Lane's article titled "New motions filed to limit evidence in the Axanar Lawsuit"
I get the impression that if he gets on the witness stand he will throw the other fan productions under the bus. For example:
"...Have you guys at Loeb & Loeb actually READ the frickin’ thing? Star Trek Continues features Kirk, Spock, McCoy and the rest of the TOS Enterprise crew…NOT an opinion. Star Trek: Renegades raising $375,000 in crowd-funding…NOT an opinion. I even used a calculator! The number of episodes and hours of Star Trek: New Voyages is NOT an opinion. Sheesh!"
I get the impression that if he gets on the witness stand he will throw the other fan productions under the bus. For example:
"...Have you guys at Loeb & Loeb actually READ the frickin’ thing? Star Trek Continues features Kirk, Spock, McCoy and the rest of the TOS Enterprise crew…NOT an opinion. Star Trek: Renegades raising $375,000 in crowd-funding…NOT an opinion. I even used a calculator! The number of episodes and hours of Star Trek: New Voyages is NOT an opinion. Sheesh!"
There is a rumour that if Axanar gets made Trump is going to play Kharn the UndyingThis should be a back-board breaking slam dunk by CBS in court. But, in a world where Donald Trump is POTUS, I just don't know.
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How could they possibly stop all references to Axanar using the Star Trek name? Wouldn't that basically mean throwing out the whole case?
I can't believe they even put that in there.
I just read Lane's blog post, and I think I've gotta side with CBS/P there, this case really has nothing to do with the other fan films, it's just about what AP did. I guess you could say Alec thought what he was doing was OK at first, but once it became clear CBS and Paramount didn't like what he was doing and HE KEPT DOING IT, he pretty much destroyed any chance to say he didn't know he didn't know he was doing something wrong. If someone tells you to stop doing something and you keep doing it, then you can't be pissed when you get in trouble.
I can't believe they even put that in there.
I just read Lane's blog post, and I think I've gotta side with CBS/P there, this case really has nothing to do with the other fan films, it's just about what AP did. I guess you could say Alec thought what he was doing was OK at first, but once it became clear CBS and Paramount didn't like what he was doing and HE KEPT DOING IT, he pretty much destroyed any chance to say he didn't know he didn't know he was doing something wrong. If someone tells you to stop doing something and you keep doing it, then you can't be pissed when you get in trouble.
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Wouldn't working relationship come into play at some point in some of this? IIRC, hasn't both New Voyages and Continues kept contact with CBS to ensure not ruffling their feathers? Doesn't CBS have the right to decide who can and cannot use their copyrights/trademarks?
That's my thinking. If you play nice with the rights holders, they can easily look aside so long as you don't get out of line or ruffle any feathers.
I have been having a tough enough time getting sleep with this damned cold. Now, you add this? Thanks.
All the plaintiffs have to do is show tweets because those will include the full name of the defense's Twitter handle and the reference to 'Star Trek' will be made. It will not be easy (and perhaps impossible) to redact part of the Twitter handle as the jury does need to know that the defense's own Twitter stream made those statements. The only way you can really do that is by showing the entire handle, which is:
https://twitter.com/StarTrekAxanar
At this point Erin Ranahan really has no defense and she knows it. So, she's "Swinging for the fences" hoping either she catches the Judge on an 'off' day - and he actually approves something on the list without paying too much attention; OR that if/when this case gets to the Appeals stage - one or more of those Judges find something she requested that Judge Klausner denied as a grounds to grant relief on appeal, or a new trial, etc.
Ms. Ranahan already knows Judge Klausner has not really been swayed by any of her arguments (and probably doesn't like her style of presenting her case); so as she sees it, it doesn't hurt her case in any way to try and get EVERYTHING remotely damaging excluded as the worst outcome at this point? The Judge denies her motion entirely.
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The thing that boggles my mind, is that if Peters had rented a studio and made Axanar, he would've likely gotten away with paying himself a salary and buying himself a car. And he would've shown that he could bring a project to completion. That could've ended up being worth far more than the $1.4 million he stole from fans.
All, in my opinion.
All, in my opinion.
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Scooby rips off the monster's mask: "I woulda got away with it, too, if it weren't for my pesky meddlin' ego."
Ranahan's doing her job and I can't exactly fault her for that, but Alec & co. are going down, no doubt - the only question being whether it will be a hard or soft landing. I also hope that no matter whether or not some of Terry's super top-secret evidence gets admitted or not, that he does release it all at some point, if only because some/all of it might finally get Slow Lane to STFU
http://fanfilmfactor.com/2016/12/17/new-motions-filed-to-limit-evidence-in-the-axanar-lawsuit/
http://fanfilmfactor.com/2016/12/17/new-motions-filed-to-limit-evidence-in-the-axanar-lawsuit/
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