CBS/Paramount sues to stop Axanar

Discussion in 'Fan Productions' started by Richard Baker, Dec 30, 2015.

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  1. Krandor

    Krandor Fleet Captain Fleet Captain

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    The cult would want peters to sue for copyright infringement. Him and then tihiks he owns the axanar universe.
     
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  2. muCephi

    muCephi Commodore Commodore

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    CBS/P has a four year statute of limitations time limit for breach of contract from the date the contract was broken. The contract (settlement) itself probably declares its validity for some significant amount of time. They aren't going away any time soon. Further shenanigans may elicit an executive edict to sue the troublemaker into the ground for breach of contract.

    Further, CBS/P could change the 'guidelines', for example, they could add a condition that to avoid being sued, no one organization, for profit or nonprofit, or group of organizations sharing a facility, may use funds totaling more than 100k/year from Trek fan film crowdsourcing.

    This would be more than justified on the basis that they don't want anyone to build a business out of the fan film allowance.

    Its unlikely any of the major cons will allow Axanar Productions to have a presence.

    Not an enviable position.
     
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  3. jamestyler

    jamestyler Commodore Commodore

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    This has popped into my head a few times. To the point where I've got a story, a location to film, even an interested videographer but.... absolutely no money (or skill - only ever produced live events and never paid attention to anything other than direction on sets :p)
     
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  4. Noname Given

    Noname Given Fleet Admiral Admiral

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    No, the statute of limitations is rendered moot by the Settlement. They HAVE a Settlement. CBS and Paramount filed a lawsuit - the Settlement was the result, and is effectively forever binding on both parties.
     
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  5. Jedi_Master

    Jedi_Master Admiral Admiral

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    As much as there may be interesting material to be mined from the story of Garth and Axanar, from a fan film perspective that storyline is ruined, in my opinion. A parting gift from AP to the fans. Keeper of the Faith, indeed.
     
  6. muCephi

    muCephi Commodore Commodore

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    I understand that a settlement can contain terms which are forever binding. But if the terms are breached, since the settlement is a contract, wouldn't the amount of time available after the breach date to take the settlement back into court to be enforced be limited by statute? (perhaps they wouldn't sue for breach, but file to the court to enforce the breach terms, if any)
     
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  7. Admiral2

    Admiral2 Admiral Admiral

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    I disagree. You can't ruin a fan film storyline that hasn't actually been filmed yet.

    Prelude, for all the hype and praise, is not the story of Axanar. It's a bunch of people talking about the story of Axanar. The story itself has not been filmed yet, and there's nothing on God's Green Earth that says the story has to be filmed by Alec Peters the way Alec Peters wants to film it.

    And even if I agreed the storyline is ruined, why should that stop anybody else from trying to redeem it? Heck, most of the fanfiction I've ever written was inspired by me reading somebody else's stuff and thinking, "Shoot...I can do better than that." Axanar can be a great story if filmed by someone who wants to film it instead of leaving it in the hands of the guy that wants to cash in on it.
     
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  8. Krandor

    Krandor Fleet Captain Fleet Captain

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    I wish somebody would.
     
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  9. ThankYouGeneR

    ThankYouGeneR Fleet Captain Fleet Captain

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    huh.

    That sounds like a beginning; story, director, location. And an interested videographer.
    I mean thiswholething began only with a story back in the day.

    So you would need a Producer, would you not?
    Costumes?
    Sets?
    Props?
    Makeup, right?

    Do you edit or would you need an editor?

    What else?
     
  10. Potemkin_Prod

    Potemkin_Prod Commodore Commodore

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    $1.4 million? :)
     
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  11. jamestyler

    jamestyler Commodore Commodore

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    I could build a studio, become a major player, eat sushi every day! That's the dream! ;)
    Costumes, props and make up are easy. Well, costumes are easy (I make them for spare pennies), the others.... I have good contacts. Amateur, but good.

    Sets would be a hurdle. But not impossible ,

    It's what I find amusing about the whole thing. Its hard, time consuming and demanding - but dozens of people all over the world have made it happen and can make it happen - and these days and the right people, its so incredibly achievable.

    If I can come up with an idea, I'd love to see what experiences and more knowledgeable people can do. Just to make a point - imagine if Tommy kraft did an Axanar story instead on the Horizon budget?
     
  12. urbandefault

    urbandefault Rear Admiral Rear Admiral

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    There are a lot of sets around the country that I'm sure could be utilized at cost, if a fan group were inclined to tell the story. Just as long as AP & Co-conspirators were banned from the site. :techman:
     
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  13. ernie90125

    ernie90125 Lieutenant Junior Grade Red Shirt

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    I made the mistake of believing, because of the use of the trademark, that Axanar was licensed by the rights holders. That's the whole point of a trademark...to show the origin of trade.

    I was unsure how to “order” a Star Trek Axanar feature length DVD, because it was long after the Kickstarter or IndieGoGo campaigns had finished, but I was given the email address of a lady called Diane and she told me I could place my “order” on www.startrekaxanar.com

    (A domain name that is still active, despite use of the trademark preceding the word Axanar, which I thought they denied was happening in the court case.)

    Both Diane and I used the word “order” and I reiterate I was acting in good faith.

    Well, I’ve read the summary judgment against Alec Peters, and that he has caused the end of fanfilms as we knew them (to which the rights holder had not previously objected), and that he cannot make the ‘feature length’ DVD I ordered.

    I asked Diane for a refund, but the emails back from Mr Peters have been extraordinary – telling me I donated through Kickstarter and IndieGoGo, even though I had no connection to those services…saying I have no respect for the last 3 years of his life…claiming that because of the lawsuit (I responded I understand it to be because of rent for a standing empty warehouse) he has no money to make the film…yet point blank refusing to refund the “order” of a product he cannot legally create or fulfil as described. (Although he claims it will still be released on DVD, but not feature length)

    Shocking.

    I chanced upon this image and I feel it summed up my thoughts.

    [​IMG]
     
  14. dmac

    dmac Fleet Captain Fleet Captain

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    I'm not a lawyer, don't even write about them for TV, however this sounds like an illegal Bait and Switch to me.
     
  15. DrCorby

    DrCorby Captain Captain

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    Much as I would like this to be true, the vast majority of Star Trek fans have heard NOTHING of the whole Axanar mess. Or they've only heard the version of the story played in the general media, of David vs Goliath, defending a true, pure artistic vision. (Yeah, it hurt me to type that.) Probably lots of fans, if exposed to Prelude to Axanar with no introduction at a con, might be positively inclined towards it. Many con committees around the country welcomed Alec to show Prelude, and gave it awards and accolades, and might still have no qualms about his presence at their con now. (A paid booth is a paid booth, after all.)

    Many of us might like Alec to be forced to appear in public forevermore wearing a scarlet "A" (for "Axanar" or maybe for "asp" or something stronger...) or to ring a bell like lepers in days of old, to warn all who cross his path to beware his lying ways and to hold fast to their wallets. However, until actually convicted of fraud in a criminal court, he is free to come and go, and even to pursue his endeavors at a con near you. We who have been following this long sordid story know the depths of his perfidiousness and are disgusted. We are, however, in the minority. The great unwashed masses of fandom neither know nor care, as long as they get some Trek pew-pew and it doesn't cost them any $$$. We are lonely voices crying in the wilderness.

    tl;dr - Most cons won't care what Alec has done, as long as he pays his booth fee up front and draws some con-goers into a ballroom for an hour. If he donates some money (probably not his) to their charity or fan film award, so much the better. That's the real world, folks!
     
  16. Krandor

    Krandor Fleet Captain Fleet Captain

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    The key point there "it doesn't cost them money". To ever make axanar he needs new people to pay money.
     
  17. drt

    drt Commodore Commodore

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    Heh, I have no doubt he'll be pursuing a "con" somewhere.
     
  18. ThankYouGeneR

    ThankYouGeneR Fleet Captain Fleet Captain

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    uhmm uhmm uhmm

    Keep those emails. Make hard copies of them. They are now historical evidence of a dark era in Star Trek history in which you are a first person witness.
     
    Last edited: Apr 25, 2017
  19. ThankYouGeneR

    ThankYouGeneR Fleet Captain Fleet Captain

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    I can see that.

    I mean, I know 'nothing' about convention promoters. Did Adam Baldwin ever get disinvited from that sci-fi convention during gamergate? He was an awful person in THATwholething to my way of thinking. He had thousands of people protesting him being a guest speaker.

    And unless further information comes to light I will continue 'think' that as far as things stand at this moment (without some non-compliance issue with the settlement being perused by CBS/P) I will suggest 'their' Public Stance with thiswholething is that it's over. In the past. Done with. Water under the bridge. We're all good now. Carry on.

    I don't anticipate public outrage happening.

    So unless conventions start finding the defendant's appearances to be disruptive to their cost/effective bottom line I would anticipate it will be business as usual: A winning smile, a few adoring fans, a few dissenting fans, lots of Other fans who have no clue and if a few do they won't give a care, Prelude (which I like) to show-and-tell, a well tooled attractive story to be believed in.....

    But, seriously, I know nothing about convention hosts. I'm just thinking out loud.
     
    Last edited: Apr 25, 2017
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  20. jamestyler

    jamestyler Commodore Commodore

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    I'm not sure about the US, but I imagine the model wouldn't be much different from what we have in the UK. Here there's really two types of cons: The ones that need the money, and the ones that don't.

    If it were here, I can't imagine him being of worth to the largest organiser (they don't touch anyone unless they get a deal or they can see worth) but he'd fit right in with the second-largest as it's run by someone who's just interested in the bank. The only thing I can see being an issue from the tier 2 guys is that they run licensed conventions with CBS reps in attendance at the Trek one.

    Smaller cons take whoever will buy a space. So I'm sure, even in his worse case scenario, Peters will still book tables, volunteer for panels and keep speaking to empty rooms and asking people for money that somehow won't be accounted for.
     
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