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CBS/Paramount sues to stop Axanar

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Neil. Neil. Neil.

Surely?
And stop calling me "Shirley".

Neil
 
I'd imagine the odds are pretty small that a settlement agreement would require Alec to release the Exhibit H financials.
 
I'd imagine the odds are pretty small that a settlement agreement would require Alec to release the Exhibit H financials.

Yep, that would probably be a significant part of the carrot to agree to studio terms.

Of course, now donors (and their future class action attorneys) know the documents (in both pre- and prior- "attorney says it would be embarrassing" forms) exist... if Axanar Productions were able to keep the studio asset but were disallowed making Axanar, I should imagine these checkpoint documents could become a really hot-under-the-collar topic. I should imagine any future litigants might even be able to subpoena them from the studios if the time comes, to figure out whether their money really was spent on the film, and where it is to get it back.

Of course, none of this is correct if the financials are ivory-pure.
 
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Bottom line, there will be no film made, period. Supporters will not get there money back. All this boils down to is, will Peters have to pay? and if so, how much. Axanar is dead, and for fans to still cling to it, like the film is going to still be made, is pretty delusional. Just saying...


BTW, CASH, CASH, CASH! (I said it 3 times!) ;)

Did someone say cash?
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So here's a fun illustration of how statutory damages work in copyright. This is a decision issued yesterday by the Eighth Circuit. The defendant marketed merchandise that violated a number of Warner Brothers copyrights.

The trial court awarded statutory damages of $10,000 per copyright violation. Since there were 257 copyrights violated, the total award was $2.57 million. The Eighth Circuit affirmed the award:
We review damages awarded under the Copyright Act for clear error. Pfanenstiel Architects, Inc. v. Chouteau Petroleum Co., 978 F.2d 430, 432 (8th Cir. 1992). “The Supreme Court long ago declared that damages awarded pursuant to a statute violate due process only if they are ‘so severe and oppressive as to be wholly disproportioned to the offense and obviously unreasonable.’” Capitol Records, Inc v. Thomas-Rasset, 692 F.3d 899, 907 (8th Cir. 2012) (quoting St. Louis, I. M. & S. Ry. Co. v. Williams, 251 U.S. 63, 67 (1919)).

The district court’s award of $10,000 per infringed work is not clearly erroneous. In Capitol Records, this court upheld a statutory damages award of $9,250 per infringed work (for a total of $222,000) as consistent with due process, emphasizing the intentionally discretionary nature of statutory damages. 692 F.3d at 907. Although “[t]he absolute amount of the award, not just the amount per violation, is relevant to whether the award is so severe and oppressive as to be wholly disproportioned to the offense and obviously unreasonable,” id. at 910 (quoting Williams, 251 U.S. at 67), the total award of $2.57 million in the present case is not obviously unreasonable. As the district court explained, “This case has had a tortured and laborious discovery history,” in which [the defendant's] intransigence rendered calculating actual damages impossible due to missing or inaccurate records. Importantly, the district court noted that over the many years of litigation (now a decade), [the defendant] did not cease the infringing activity at any time. That the district court therefore considered a substantial damages award necessary to deter future infringement and provide sufficient restitution to the copyright holder is not clearly erroneous.
Those last two sentences are what should give AP concern. Continuing to infringe copyrights after you've been sued is not a good strategy for minimizing a damage award.
 
If AP really did get some "bad news" I would guess (since that's all anyone can do at this point) that Ranahan&Co have read him their version of the Riot Act. "You're looking down the barrel of a summary judgement, we're sick of your act and you can forget about us representing you on any kind of appeal. Look for a copy of our office expense report in a few days." Anyone else care to speculate?
 
"Prelude To Axanar won 47 Film Festival Awards all over the world"
47 film festival awards, anywhere, 'is' impressive.

In addition to examining the IMDb page which like whomever enfurnoh has mentioned does only display eight wins I am also reading the production logs to discover the rest.
-Award of Excellence Special Mention Film Short
-Best In Show Special Effects - Short
-Award of Excellence Special Mention Film Short
-Geekiest Film
-Best Narrative Short Fall (not sure what Fall designates)
-Best Fan Film
-Best Fiction Short Film
-LAIFF February Award Best Sci-Fi

Now seven of these eight wins list two people or the production and one person. I don't know if this can be looked at to be two awards. With Emmy & Academy Awards the 'group' can get individual statues for each person's contribution on the one single award. But it is only one listed award.

It is curious to me that only eight wins are being listed, though may be updated soon to reflect the actual 47 wins. I'm wading through the production site's logs again for references to these additional wins and have possibly found three more:
I haven't yet located an update on that, from it 'appears' to have won these three awards to confirmation of those awards, which I may well soon find. The wording is curious to me though for I'm wondering how something appears to have won an award.

I would very much enjoy reading the full list of the 47 film festival awards if anyone here, from the production, a production supporter/advocate, or other can provide it. Either is this thread, on IMDb page, the production site logs, or FFF.


I am still unable to find the names of these two companies as per the Official Podcast 31, aprox 14:05, defendant speaking:
"I am a Technology Entrepreneur. I have built two technology companies.”
If anyone here, from the production itself, a production supporter/advocate, or other can provide these company names either in this thread, the production log itself, or FFF I will greatly appreciate it.
 
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If AP really did get some "bad news" I would guess (since that's all anyone can do at this point) that Ranahan&Co have read him their version of the Riot Act. "You're looking down the barrel of a summary judgement, we're sick of your act and you can forget about us representing you on any kind of appeal. Look for a copy of our office expense report in a few days." Anyone else care to speculate?

- notice of some sort of pending government inquiry

- finally waking up to what will be left of his fanbase when they look at the absolute statements there is no financial issue and compare it to the (top secret) financial statements after a summary judgment filing reveals them

- getting a copy of Terry's deposition

- studio "investors" threatening their own action if he doesn't settle and give them a chance to save their own skins

- really hitting no money left

- a major paper taking a significant interest in writing an investigative story on crowdfunding focused on Axanar's conduct

- back door signalling of what JJ and Justin will say in public if they actually are dragged in
 
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Axanar won most of the awards at Treklanta two years ago. Vic Mignona won Best Actor , but Axanar took home almost all the rest of the awards.
Hey, thanks. I'll look them up right now. :bolian:


EDITED TO ADD:
(5 listed)Treklanta 'The 2015 Indep. ST Fan Film Awrds
-Best Production Design – Scott Cobb – Prelude to Axanar
-Best Soundtrack – Prelude to Axanar
-Best Original Screenplay – Prelude to Axanar
-Best Director – Christian Gossett – Prelude to Axanar
-Best Dramatic Presentation, Short Form – Prelude to Axanar

Plus
One additional award there as per RMB in twitter that is not yet listed that I can find on Treklanta page:
-Best VFX – Prelude to Axanar


That's 8 from iMDB, possible 3 more listed in a production log, 5 listed (that I can find) at Treklanta, 1 listed in tweet by RMB.

These really should be added to the production's iMDB page
 
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