Hi folks - if there are questions about Vic, let's create a separate topic for them, please @motorhead and @BeatleJWOL thanks
CBS/Paramount sues to stop Axanar 2 - Electric Boogaloo-Fanboys gone WILD-too many hyphens
- Thread starter jespah
- Start date
I was 2 weeks old when Old Joe McCarthy went on his endless journey
No, not one piece of evidence. That really doesn't seem to matter these days. You can just say something about someone and they are guilty.
EDIT: Sorry Jespah, I posted before I saw your post and I agree.
I can’t wait to enter my address to get my patch and (dare I even hope) Prelude blu-ray AGAIN. I wonder if maybe I’ll finally get the shit I’m owed by the time Ares Digital 52.0 comes around. 
U-Haul is not the subject of the parody. Axanar is. Thus, fair use under parody doesn't apply. It's one of the more confusing aspects of fair use. (Not that U-Haul actually cares, of course.)
The Photoshop job was average. Plus I'm pretty sure that shuttle violates U-Haul's corporate branding policy.
Oh Jeez...
"Defendants in a trademark infringement or dilution claim can assert basically two types of affirmative defense: fair use or parody. Fair use occurs when a descriptive mark is used in good faith for its primary, rather than secondary, meaning, and no consumer confusion is likely to result." SOURCE (link)
It took me 8 seconds to find that.
News reporting is one of the specific instances of fair used cited by law. In this instance I have fair use under both news and parody; also, I believe I was parodying both Axanar and UHaul. Finally, @Matthew Raymond, it was indeed a Photoshop job, and 'fair' accurately describe my abilities with that software.
I don't think you can generalize what the "axamonitor crowd" believes with regard to Vic's situation. I have made no comment on it myself. On the "axacrowd" side, Alec Peters has been vociferous with his supporters about condemning his longtime rival.
sorry, jespah, don't ban me pls :-)
a link regarding the topic was shared yesterday on the axamonitor fb page, here's some responses:
- "And unlike Alec, Vic’s reach has actually damaged people."
- "His career is over."
- "This is intolerable and shows that there are wolves that hide behind sheeps cloth."
- "I was sickened by what I read. This poor girl..."
- "Just disgusting "
- "how can we watch Star Trek Continues in the same way again?"
- "And "fundamentalist Christian" completes the trifecta"
- "it makes me sick."
- "This is heartbreaking (I’m thinking of the victims, not Vic)."
- "Vic needs to stop using his Italian ancestry as an excuse/justification..."
- "The Vic lovers are not even doing due diligence"
- "That's what people forget about creeps--just because they're good to you it doesn't mean they're good to everyone."
- "This is Weinstein/Spacey-level shit"
doesn't look like overwhelming support or neutrality to me, so I'll keep generalizing for the time being.
a link regarding the topic was shared yesterday on the axamonitor fb page, here's some responses:
- "And unlike Alec, Vic’s reach has actually damaged people."
- "His career is over."
- "This is intolerable and shows that there are wolves that hide behind sheeps cloth."
- "I was sickened by what I read. This poor girl..."
- "Just disgusting "
- "how can we watch Star Trek Continues in the same way again?"
- "And "fundamentalist Christian" completes the trifecta"
- "it makes me sick."
- "This is heartbreaking (I’m thinking of the victims, not Vic)."
- "Vic needs to stop using his Italian ancestry as an excuse/justification..."
- "The Vic lovers are not even doing due diligence"
- "That's what people forget about creeps--just because they're good to you it doesn't mean they're good to everyone."
- "This is Weinstein/Spacey-level shit"
doesn't look like overwhelming support or neutrality to me, so I'll keep generalizing for the time being.
There's nothing in your source that contradicts my assertion that the mark must be the subject of the parody. In fact, you can infer the contrary:
However, the "fair use" part may have some merit, because it is being used as a good faith reference to vehicle rental for hauling purposes in general. I'm not a lawyer, so I can't say if that's actually a good defense, though.
Now, if Axamonitor is completely non-commercial (not sure, but it looks like it is), they might be less likely to be found as infringing. In my non-lawyer opinion, that's probably a better defense than "fair use".
First of all, if it's really "news", why don't you mention U-Haul in the accompanying article? Or the image caption? Or even cite vehicles used for previous Axanar moves to suggest that he'll likely use U-Haul? Nope, you used U-Haul because it's well known as a shipping vehicle rental company, not because it was actually news.
As for parody of U-Haul, how? I'm not sure what the joke is with regards to U-Haul specifically. It seems to me that U-Haul is simply a vehicle for the humor (pun intended). (I'd actually be somewhat impressed if that image was some kind of meta-humor involving trademark law.) Is the image funny because, in the future, people don't use money, so a large corporation dedicated to renting shuttles for transporting possessions wouldn't exist? That's kind of a stretch.
Now, if it was "UFP-Haul", then I'd be on board the parody train...
It's fine; it's relevant. But let's take anything specifically about Vic to another thread, s'il vous plait.
I've never seen Continues and I don't want to derail the thread by jumping down that rabbit hole - was just going to say though I'm not surprised this has been used to deflect attention from LFIM and his misdeeds. The fact there's no depths to which he/they (the axalytes) will sink to *should* be telling (but apparently it never gets through to those people)
They did the same thing when Les Moonves had his "MeToo" moment. All you have to be is someone LFIM doesn't like and you're the subject of axatard schadenfreude.
I prefer the term "Axorrhoids".
.>SOB< "We were only thirty days out!">SOB<
I have to respond to this. I am a close friend of Vic's and have spent many YEARS with him at social occasions, travel, at STC, etc. and have never seen anything that resembles any behavior that would give any inclination of these (false) charges. The homophobic charge is laughable as are the other as I can testify to based on what I have witnessed myself. These handful of hateful people with no evidence have ruined his career and it certainly would not surprise me at all if AP was somehow involved. In any case, he should be considered innocent until there is some proof other than the words of a small vocal group of people with some axe to grid. This is really absurd and sickening; if it can happen to him it can happen to anyone.
Sorry for the commentary but this just pisses me off; now back to Axanar and AP.
I haven't been following this story closely, but I sincerely doubt that many (if any) of the anime people coming forward have a clue who Alec Peters is. Sometimes he gets too much credit as a master manipulator...
