I still doubt it. Nonprofit status is irrelevant to the case. It makes for a stronger case to show a pattern of deception related to the actual causes of action in the lawsuit (i.e., copyright infringement).
To be fair, any good litigator will run as many arguments as possible providing they aren't contradictory.
I disagree. While it is not a defence to copyright infringement per se it is relevant to continuing infringement, which could impact damages depending on the court's eventual determination. If infringement is established then the threat to the Plaintiffs' market income will come into play. They will say that have applied for non-profit status because they did not seek to harm the Plaintiffs' income and that consequently the Plaintiffs could only have benefited from an increase in brand awareness. In other words, they will use it as a way of mitigating damages. Now, we know that counter argument to the question of profit, but I do understand why it has been raised.
The problem here, as has been the case with most of the defense's claims, is there's no credible evidence to support them. There's no evidence, that I am aware of, proving Axanar has taken the formal steps to apply for non-profit status, aside from LFIM's sporadic public statements that he intends to do so. And every piece of information in the public record--corporation filings, the "donor store," the podcasts--holds Axanar out as a for-profit business, not a 501(c)(3) nonprofit. In short, this is just another Axanar red herring.
Well, either he's made the application or he hasn't. I'm sure if he has he can produce some sort of confirmation, such as a counter receipt.
I had a smart lawyer point out that you can get away with it if you benefit from either answer.
You're right. If it ends up being a tautology, then go fer it.
Todays word on Seseme Street!
Well, our esteemed Madame Chief Justice can be bribed with pie, perhaps he has some similar weakness...I recently reconnected with an old friend who is a private practice attorney, formerly known as a pretty damn tough prosecutor. I'd like to show him this stuff to get his take but I hesitate, because it might seem like asking a doctor friend for free medical advice.
We'll see what happens.
