CBS/Paramount sues to stop Axanar

[Krandor]

That's not what I was talking about. I'm talking about, out of the pool of high profile projects that are well-known to CBS/P, for them to target some while giving a free-pass to others, all the while holding out official guidelines that are supposed to apply to all. If all things were equal (no crowdfunding or other shenanigans to muddy the waters), what would be fair would be an all or nothing policy, not for CBS/P to quietly play favorites.

They went after the wrose violator. The rules just came out and no new fan films have come out since then. We'll see what happens when or if one comes out that is not in compliance with the rules but that hasn't happened yet so right now the rules apply to all going forward.

I'll take bets on the first production to release a film that doesn't comply with the new guidelines...

 

[Krandor]

Christ. They're actually going to Kickstart a documentary about this entire debacle? Are they out of their gorram minds? Oh, wait, yes they are.

Man, Peters really is Garth of Izar.

Since they can't make Axanar, why not use some of that $1.3M for it. Can it really all be gone?

 

[asurob]

Since they can't make Axanar, why not use some of that $1.3M for it. Can it really all be gone?

I bet it is.

And if it is.

When does the law get involved?

 

[Noname Given]

Since they can't make Axanar, why not use some of that $1.3M for it. Can it really all be gone?

if they still had the 1.3 million, why would RMB need a Kickstarter? (Oh yeah, this isn't being done for the "love of Trek", he needs to get paid.)

 

[Professor Zoom]

When does the law get involved?

That might be up to the donors. If they don't do anything...

 

[Maurice]

Christ. They're actually going to Kickstart a documentary about this entire debacle? Are they out of their gorram minds? Oh, wait, yes they are.

Man, Peters really is Garth of Izar.

They should call this Kickstarter "Good Money After Bad".

 

[Sgt_G]

EDIT: Maybe I'm misunderstanding, and this is actually a documentary about the lawsuit. Even more reckless, if so.

Maybe I misunderstood, too. I took it that he was going to do another episode of the Axanar story in the same format as Prelude.

What can they do within fair use?

- Real documentary about the lawsuit.
--- If their lawyer has any brains at all, she'd shut that down in a heartbeat, or at least delay it until after the trial, but yes they can absolutely do that.

- Real documentary about FAFSA/Four Years War concept.
--- As long as it's a real, true documentary and not another fake "mockumantary".

- Talking heads (Alec, RBM, etc.) commenting on the history of the idea/why it's cool.
--- No problem as long as it's Alec as himself and not in-character as Garth (the Trek character, not me)..

- Talking heads will describe the plot/story (via voice over) while dramatic reenactments play on the screen.
--- Yes, but this could be pushing the line as it could easily become a "mockumanary".

As I understand it, based on words from Alec Peters himself in the pod cast and previous on-line comments from him and his legal team, they plan to say that because Prelude looks and sounds like a documentary (never mind it's all in-character / in-universe), it is one and thus falls under fair use. Seriously, if I were the judge and she said that to me in open court, I would stop her and say "Hold that thought." I would then drive over to her office and take her diploma off the wall and feed it into the shredder because nobody that stupid should be allowed to be a lawyer.

 

[Sgt_G]

Whew. Man oh man I finally got the YouTube posted.

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Sound engineering. It ain't easy. Many thanks for your kind support. All weird noises or noise levels are my responsibility alone.

I haven't finished listening yet, but I'm at the part where you're taking about how to do things non-graphic like M*A*S*H and others did. One word you missed: Hitchcock

 

[oswriter]

Christ. They're actually going to Kickstart a documentary about this entire debacle? Are they out of their gorram minds? Oh, wait, yes they are.

For some reason I imagine something like "The Simpsons" episode where they did a "Behind the Music" parody.

"Axanar started out on a wing and a prayer. But now the wing was on fire, and the prayer had been answered by Satan."

 

[muCephi]

I still think what is driving this is Alec's desire to become a credible part of the Star Trek firmament.

I think he wants to be one of the stars in that sky, and however he has to shift his plans to that end, so be it. Regardless of what the real consequences may be.

Putting out a documentary enacting his virtuous struggle is folly, because it becomes a perfect target for attaching his own podcast statements and other records of his behavior that contradict his claims.

Aside from which it will invite every person who knows differently to comment upon this to reporters, in the highly attractive format of "setting the record straight".

And as far as being the documentarian who proves in the record the existence of his nonexistent script... he really hasn't thought this one out.

I absolutely agree that this endless twisting and turning to try to get what he wants is why the studios have to invoke their rights in full. And probably seek a preliminary injunction against filming any Axanar 'would have been' scenes until the case is settled.

There's plenty of discovery time to get past the movie and the 50th in a state of ambiguity. I think Alec is trying to get something concrete out there to rile these events up, but I suspect there are ways to deflect it for a considerable time.

 

[Potemkin_Prod]

I don't think many folks here understand that many fans actually believe the official line put out by Axanar Productions. At our open house this past weekend, we met quite a number of fervent Alec Peters supporters.

 

[muCephi]

I don't think many folks here understand that many fans actually believe the official line put out by Axanar Productions. At our open house this past weekend, we met quite a number of fervent Alec Peters supporters.

It would not surprise me. But he has to keep his nose clean. He couldn't keep his nose clean wrt/ the unstated guidelines, quite the opposite.

So I think there is a good chance there is a fan deal breaker somewhere in his project. Something bad enough for most fans say they can't be associated with it. Perhaps something to do with the money, since that has been so poorly accounted for and so manipulated.

Its just speculation, but everything so far has been a manipulation to see how far over the bounds everyone could be pushed, so why not the finances too?

And who is to say that any such info would come from a locked up discovery process? If it exists it could come from elsewhere not bound by that schedule.

 

[MikeH92467]

When it comes to finances AP has two main responses: Axanar has been totally transparent. (So where's the friggin' movie?) Not making a profit makes them "not for profit".

 

[muCephi]

When it comes to finances AP has two main responses: Axanar has been totally transparent. (So where's the friggin' movie?) Not making a profit makes them "not for profit".

Both of which are so utterly unprofessional and frankly ludicrous that you just know it can't be a perfect crystalline ordered structure underneath.

 

[Potemkin_Prod]

It would not surprise me. But he has to keep his nose clean. He couldn't keep his nose clean wrt/ the unstated guidelines, quite the opposite.

Actually, it looks like MANY fans are blaming CBS/Paramount for the (god, I hate using this word) "Draconian" guidelines.

So far, Alec Peters and Axanar appear, imo, to be winning the PR game.

 

[jespah]

I haven't finished listening yet, but I'm at the part where you're taking about how to do things non-graphic like M*A*S*H and others did. One word you missed: Hitchcock

Eek, you are absolutely right. Truth is, a lot of 50s and 60s TV and film could be models for this.

 

[BillJ]

So far, Alec Peters and Axanar appear, imo, to be winning the PR game.

I really don't care about the PR game, I care about the legal game.

 

[cultcross]

That's not what I was talking about. I'm talking about, out of the pool of high profile projects that are well-known to CBS/P, for them to target some while giving a free-pass to others, all the while holding out official guidelines that are supposed to apply to all. If all things were equal (no crowdfunding or other shenanigans to muddy the waters), what would be fair would be an all or nothing policy, not for CBS/P to quietly play favorites.

Same principle applies. If it were a defence to point to other examples of fan films that aren't being sued, that chain would never end. Each would only have to find one other that wasn't being sued to be themselves exonerated on grounds of 'fairness'. Axanar would point to Continues who would point to New Voyages who would point to Horizon who would point to Farrugut and so on. CBS would be left playing a game of IP whack-a-mole constantly to retain ownership of their own property - that, I think, is manifestly unfair. In the same way that it is up to me whether I prosecute someone who steals from me, it is entirely reasonable that I should be able to be selective in pursuing people who copy from me.

 

[MikeH92467]

Actually, it looks like MANY fans are blaming CBS/Paramount for the (god, I hate using this word) "Draconian" guidelines.

So far, Alec Peters and Axanar appear, imo, to be winning the PR game.

It reminds me of that joke about playing chess with a pigeon. No matter what happens, the damn bird will still knock over the pieces, crap on the board and strut around like they've won.

 

[JD]

Actually, it looks like MANY fans are blaming CBS/Paramount for the (god, I hate using this word) "Draconian" guidelines.

So far, Alec Peters and Axanar appear, imo, to be winning the PR game.

I think this goes back to a point I made in an earlier post, CBS/P's PR case is really being hurt by the fact that nobody is speaking out against Axanar in the mainstream media. Pretty much everything is ending up coming from the Axanar side since RMB and Alec Peters seem to be physically incapable of keeping their damn mouths shut, while I haven't seen a single person speak out against Axanar outside of Trek media like The G&T show. I honestly don't think I've ever seen people who were being sued talk so much about what they were being sued about while the lawsuit was still ongoing.