I never in my wildest dreams thought that it would be a dopey post like this that would compel me to rejoin TrekBBS after a 10-year hiatus, but alas, here I am.
First, it should be noted that the OP is most definitely not Alec Peters using yet another alias (Loken, Linnear, Red Omega, Matt Decker... did I leave anyone out?).
Teh gramer and teh speling are tooo godo.
Now, that doesn't mean he isn't a complete dope but he definitely ain't Alec.
I'd like to address a couple of issues, though.
1.) First, there is no "legal group," Spock boy. Who are you kidding?
If they exist, why not list these illustrious members of the bar? If they gave this advice, they should be more than happy to have their names attached to it.
Furthermore, have them cite the relevant caselaw that supports this position.
The fact is that there isn't any. Every single one of your arguments has been rejected by the federal courts... repeatedly (and in the case of fan films, those rulings have been affirmed very recently.).
2.) Commercialization of an IP isn't necessary for infringement to have occurred. It's simply one factor to consider.
Your understanding of IP law is... flawed.
3.) As others have pointed out, the first amendment very specifically protects the individual from THE GOVERNMENT infringing on rights. It doesn't stop individuals or corporations from protecting THEIR property rights.
4.) The guidelines are not restrictive and in fact, they're quite liberating.
Before the guidelines were published, any fan production at any time could be sued for infringing on the rights of CBS and Paramount.
Not any more.
Now, fan film makers can't be sued if they stay within the published guidelines.
It's called promissory estoppel. I'd tell you to ask your "legal group" what that means but since they don't exist, I'll explain it.
The guidelines basically say if you don't do "X, Y and Z" we won't litigate against you.
By creating these guidelines what the rights owners have effectively done is tie their own hands because if a production relies upon these guidelines and produces a film within them, they've done so in good faith and based on the promises made by the rights owners and if the rights owners were to then sue them anyway, they would either have their case dismissed outright or lose at trial.
The guidelines effectively act as a contract between the rights holders and producers of content that protect the producers while limiting the legal rights of the IP owners.
This situation did not exist before the guidelines.
5.) I think there needs to be a little clarity about what the guidelines actually do.
They are not rules, they are not laws, they are not mandates.
They are guidelines in which the rights owners promise not to sue productions provided that they abide by them. Nowhere in the guidelines does it state that if a production does violate them that they will automatically be sued.
And let's make no mistake about this, there is only ONE production that was ever sued and they're the reason why these guidelines were implemented to begin with.
Since the guidelines were published, Star Trek Continues has released THREE episodes, all of which violate multiple terms of the guidelines.
They have received no warnings, no cease and desist letters and (surprise!) no complaints/summons have been served on them (that means they haven't been sued).
Why do you think that is?
