This is so, so sudden.
CBS/Paramount sues to stop Axanar
- Thread starter Richard Baker
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It's been building. Like waves upon the firmament.
Remember, if the waves build for more than four hours, please seek medical assistance.
You say that to everyone who tells you they love you.
@Jedi_Master , I fell in love with her legal brain first.
Romantic Infringement!
It is a thread that implies life and memory of love and home and earthly pleasures, something Axanar desperately desires but can't have anymore.
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THREAD not thead
UPDATED the AxaMonitor article on court-mandated settlement talks with a second conference call scheduled on Thursday morning — attorneys only, led by federal magistrate.
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It's well time for this to end.
But will Peters ego allow it to end? That is the question.
Is this SOP @carlosp ? Were they close? Is the magistrate saying COME THE FUCK ON MAN? Have you heard anything about offers/rejections and what the sticking point is?
I'm reminded of that scene from "In A Mirror, Darkly" where Phlox is torturing the Tholian and says something to the effect of "Will you kindly DIE?!"
Judges will often do something like that, and this next conference call might not be so nice.
That's what I assumed, kinda like why are you wasting my time with this shit? Of course Carlos makes a post like that then crashes for the night. #tease
My guess is that AP finally looked up and realized an anvil is about to drop on his head.
That may be an anvil for which he's braced to absorb the impact. So much of this depends on two things:
Of course, these two conference calls are attorneys-only; Peters was only there for the face-to-face meeting on October 31. Without Peters present, Winston may not come across as stubborn, but they'll still have to sell Peters on whatever proposal emerges from this next conference call.
It was only at the Oct. 31 meeting that federal magistrate Charles Eick required each side to have someone present from each side who was authorized then and there to strike a deal. The attorneys-only conference calls may not have been made subject to that same constraint.
- How truly non-negotiable Peters is about emerging from the case with a decision that would enable him to produce some version of Axanar.
- How devoted both Winston and Peters are to trying to make their fair use case.
Of course, these two conference calls are attorneys-only; Peters was only there for the face-to-face meeting on October 31. Without Peters present, Winston may not come across as stubborn, but they'll still have to sell Peters on whatever proposal emerges from this next conference call.
It was only at the Oct. 31 meeting that federal magistrate Charles Eick required each side to have someone present from each side who was authorized then and there to strike a deal. The attorneys-only conference calls may not have been made subject to that same constraint.
It depends. It's very difficult sometimes when you're faced with a situation that can impact your future. I'm being sued at the moment on a issue relating to a property I own. The dispute has been superseded by an offer on the property so I am trying to settle the case. An old saying is that a lawyer who acts for himself is a fool for a client and it comes from the inability to be truly objective and detached. Case in point I was so sick of fighting it that I was just going to take whatever was a reasonable settlement to get rid of it and get the sale on track, but a colleague asked to take over negotiations today and has already on the way to a more favourable situation that, if I were honest, I would have tried for due to my mental exhaustion and emotion over it all. The irony is that had I not been do belligerent I couldn't settled it months ago on a similar basis.
Where Peters is concerned he too will have that emotional element. There will be an element of denial that he might have to take a commercial decision sooner rather than later that isn't about him making the film but rather as a damage limitation exercise and one that minimises the financial risk of losing, which will inevitably be much higher if he goes to trial, fails AND has damages awarded against him, to say nothing of what he may face after trial. So I can image that right now he is clinging very closely to the idea of fair use, almost as a way of denying the risk, and that in turn means that he is likely unable to negotiate from a realistic standpoint, even if he is being advised to do so. Of course it doesn't help on top of that that he thinks he's a lawyer and a very skilled businessman, as has an ego the size of Canada. So I can imagine his lawyer has their hands tied someone in terms of their ability to negotiate, as if one looks at it objectivity, a fair settlement is one where he gets to walk away with a little financial damage as possible, not one where he gets to make any version of the picture (well, unless it's fan guideline compliant).
Where Peters is concerned he too will have that emotional element. There will be an element of denial that he might have to take a commercial decision sooner rather than later that isn't about him making the film but rather as a damage limitation exercise and one that minimises the financial risk of losing, which will inevitably be much higher if he goes to trial, fails AND has damages awarded against him, to say nothing of what he may face after trial. So I can image that right now he is clinging very closely to the idea of fair use, almost as a way of denying the risk, and that in turn means that he is likely unable to negotiate from a realistic standpoint, even if he is being advised to do so. Of course it doesn't help on top of that that he thinks he's a lawyer and a very skilled businessman, as has an ego the size of Canada. So I can imagine his lawyer has their hands tied someone in terms of their ability to negotiate, as if one looks at it objectivity, a fair settlement is one where he gets to walk away with a little financial damage as possible, not one where he gets to make any version of the picture (well, unless it's fan guideline compliant).
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