Daaaaamn. Klausner wasn't pulling punches. The whole thing screams, "the rules force me to let the jury determine your guilt, but I sure as hell want to!"
My only question: can the sarcasm (in the form of so many highly amusing Trek references) come back to bite the judge? Can Peters' team go to the appeals court and suggest that this implies the judge was biased?
I hesitate to ask such a question for fear of giving them ideas, but it does need to be asked for those of us not so well versed in legal shenanigans.
They (the Defense) can argue ANYTHING they think was 'improper' to get an Appeal. BUT, (and I've said this before) - Judges are Human - meaning they often interject anecdotes and quips in rulings depending on the case/situation. Judge Klausner's rulings and actions (if Axanar 'loses' and Appeals) will be judged on their
legal merit only (IE are they properly supported by existing laws/proper rules of Trial procedures.) Hell, I've seen amusing quips in U.S. Supreme Court decisions.
I will say that after reading Judge Klauser's full Summary Judgement motion, and particularly this:
As to contributory infringement, Peters’ substantial involvement in, such as writing script for, the
Axanar Works materially contributes to the infringing conduct of Axanar Productions. (See, e.g., Pls.’
SUF ¶¶ 41, 112-14.)
As to vicarious infringement, Peters, as the president of Axanar Productions, was in charge of
and was responsible for its conducts. (Pls.’ SUF ¶ 112-113.) He was responsible for many of the artistic
decisions. (Id. 114.) He supervised and controlled Axanar Productions. (Id. ¶ 115.) Peters also profited
directly from the Axanar Works. (See, e.g., Grossman Decl. Ex. A 189:2-23, ECF No. 74-1.)
Accordingly, the Court finds contributory and vicarious infringement contingent upon the jury’s
finding of subjective substantial similarity.
In the bolded part above Judge Klausner is effectively saying the Jury must agree that the 'Axanar Works' are subjectively and substantially similar to the official Star Trek productions that CBS/Paramount holds copyrights for. I have a real feeling Alec Peters somehow believes in court he can charm/get 9 (of the 12 Jurors) to NOT find the 'Axanar Works' are
NOT subjectively and substantially similar to official Star Trek - and effectively he's 'off the hook' completely - although were that to happen CBS/Paramount could (and probably would) Appeal on the basis that the Judge himself found both contributory and vicarious infringement; and that the Judge tying his findings to a further specified Jury finding is improper/unfair, etc.
And here's the thing if any Axanar donor happens to be summoned for Jury duty and gets on the panel:
You'll be asked to answer questions UNDER PENALTY OF PERJURY. That means if you misrepresent yourself in your answers and that is discovered (and believe me Lawyers WILL look into all perspective Juror backgrounds); you'll be facing criminal perjury charges; and as a result (depending on the situation) a mistrial could be declared and any verdict reached set aside (thrown out); and the case re-tried. <--- And this could happen even after the case was concluded if verifiable evidence was shown that you lied.
So yeah (and IMO), any hopes Alec Peters has of somehow 'stacking the Jury' in his favor are remote; and once empanelled, most Jurors do take things very seriously and listen to the Judge's instructions, etc. So yeah, I don't think Alec Peters will succeed in converting 9 of 12 Jurors to 'Axanar Fans' who rule based on the fact that because of what they saw/heard on the case; THEY want to see the Axanar feature film get made.
However, I honestly do think that somewhere in the back of Alec Peters delusional state of mind with regard to all things 'Axanar'; he believes he CAN convert 9 or 12 Jurors into 'Axanar fans'; and avoid a finding against him.
We'll see.