Agree
CBS/Paramount sues to stop Axanar
- Thread starter Richard Baker
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Agree
Not much we didn't know.
https://www.bloomberg.com/news/arti...ek-youtube-fan-movie-ruled-not-to-be-fair-use
https://www.bloomberg.com/news/arti...ek-youtube-fan-movie-ruled-not-to-be-fair-use
Still bullshit that they make it seem like big mean company goes after poor little superfan............
Yeah and Bloomberg just played an interview with Erin Ranahan, fairly one sided as you would expect.Still bullshit that they make it seem like big mean company goes after poor little superfan............
I don't believe Peters thinks he can win with a jury. He has been banking since at least September on better chances at the appellate court: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:
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.
« Even if we were to lose at trial, an appeal would likely be very positive for us. »— Alec Peters, Axanar producer, September 8, 2016
Another article still flogging the David/Goliath narrative (but otherwise pretty well researched):
https://consumerist.com/2017/01/04/lawsuit-over-star-trek-fan-fiction-flick-headed-to-a-jury-trial/
https://consumerist.com/2017/01/04/lawsuit-over-star-trek-fan-fiction-flick-headed-to-a-jury-trial/
IDK - if you look at the fact Ranahan gave a interview; and if you look at the Axanar Twitter Feed, all the tweets do sound like he's trying to influence a potential juror pool...again, not that I think he'll have any success; just pointing out that I believe in his delusional world, getting a Jury to side with him is possible.
IDK - it's always interesting that a lot of these articles leave out the fact that Axanar Productions raised 1.4 million dollars in crowdfunding. (Probably because then you average reader might understand a reason C/P might be suing this group - and thus would not have the same emotional impact on the reader.)
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Do you have a link to that Ranahan interview by any chance?
It's not the 1.4 million dollars that gets left out that bugs me... it's the warehouse/studio/warehouse/studio he used donor funds FOR. A three year lease isn't needed to make a movie. Clearly, they were hoping to use the donor funds and the success of the movie to launch a business. This gets left out consistently. And I also think it's the big reason they got sued. Raising capital to start a business with someone else's IP is clearly a financial gain.
That statement by Peters is actually quoted by Jonathan Lane on his Fan Film Factor blog. Bawden's statement was made to the donors' group on Facebook.
Carlos, I see no interview. Bloomberg only had a blurb--"We look forward to presenting our defense against CBS Paramount’s claims at trial,” Erin Ranahan, Peters’s lawyer, said in an e-mail. She called him “one of Star Trek’s biggest fans.”
Whoops, I stand corrected. Carlos. Thanks for the heads up, read that the wrong way.
I don't mean to imply they're ignoring the opportunity to influence potential jurors as much as possible — to do otherwise would likely be malpractice. Just that his lawyers at least can calculate their likelihood of prevailing with a jury and have determined the greater odds are at the appellate level. That doesn't mean they'll just throw up their hands in surrender at the trial.
Am I the only one who thought it weird that Ranahan keeps slinging the line "He's Star Trek's biggest fan" as if it's supposed to legally justify his actions?
It may well be that Alec Peters loves Star Trek the same way that famed bank robber Willie Sutton loved banks: "Because that's where the money is."
It's an actual local radio station with a bloomberg feed, I couldn't tell you if or when it might be replayed, most of what was said was on the bloomberg web news page I posted.
https://www.iheart.com/live/bloomberg-960-301/
Gee and here I thought the Donor store closed and Alec and Axanar out of money:
Yep - IDK how CBS/Paramount got Judge Klausner to agree Axanar was a commercial venture...oh, wait. As for this being a 'Hobby' for Alec Peters - wow, I wish I made money from my Hobbies as most of mine COST money.
Yep - IDK how CBS/Paramount got Judge Klausner to agree Axanar was a commercial venture...oh, wait. As for this being a 'Hobby' for Alec Peters - wow, I wish I made money from my Hobbies as most of mine COST money.
That's not real, is it? At least not the text below "I Stand with Axanar".Gee and here I thought the Donor store closed and Alec and Axanar out of money:
Yep - IDK how CBS/Paramount got Judge Klausner to agree Axanar was a commercial venture...oh, wait. As for this being a 'Hobby' for Alec Peters - wow, I wish I made money from my Hobbies as most of mine COST money.
That's from another fine Tampaxanar tweet.
You know what happened? Can't prove it, but I suspect RMB has abducted LFIM and kept him restrained in a ten square-foot box for the last 13 months. The conspiracy will be revealed by a mysterious character who calls himself J'lanee, exonerating LFIM and sending his subordinate to incarceration for using AP-LFIM as a sock puppet and ruining his reputation!
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