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CBS/Paramount sues to stop Axanar

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That's along the same lines of:

"Axanar is a professional independent Star Trek film!"...'Axanar is a fan film like all the other fan films!"..."Axanar is a professional independent Star Trek film!"...'Axanar is a fan film like all the other fan films!"..."Axanar is a professional independent Star Trek film!"...'Axanar is a fan film like all the other fan films!"...

Yeah, Erin Ranahan and or Alec Peters must be nearly schizophrenic at this point - or dizzy as hell from all the spin they're trying to put on all the hard evidence of this case.

W&S probably doesn't yet realize that everything in Trek eventually gets picked apart in every detail and memorialized for posterity. All this gummyspider stuff they are throwing at the wall will get itemized as a list of their knowing lies, and nailed on their company door by future documentaries and articles NOT by Axanar Productions. This is not just noise they are making in court that will go away as soon as the case settles. Axamonitor should be giving them fair warning by its very existence.
 
I just received an response from the Federal Trade Commission to my earlier Freedom of Information Act request for any investigatory records related to Axanar. Here's what we got:

The FTC has received three complaints against Axanar Productions, Inc., and LFIM. All three complaints were made through the Commission's online complaint assistant. The FTC provided the records to me in spreadsheet form, which I've posted here. The FTC redacted the names, addresses, and identifying information of the complaintants, which I think is reasonable and consistent with the FOIA statute. The FTC's assistant general counsel also cautions that "the enclosed complaints have not been verified" by the Commission. These are merely public records of complaints received.

The first complaint was filed on June 21, 2015, six months before the lawsuit:
This company has solicited nearly $1 million in donations from two Kickstarter campaigns and direct website donations, in order to make a "film" which has never been produced. Multiple parties involved, who have since left the project, have reported severe financial mismanagement, including the fact that nearly all of the money has already been spent on personal items (including a car for the director) with the donors not being told. This company is about to initiate another fundriaisng campaign in which they are asking for an additional $1 million (http://www.startrekaxanar.com/captains-log-june-18-2015). Due to my inside information as a whistleblower, I prefer to remain anonymous, thank you.

The second complaint was filed on September 10, 2016, and relates to the use of Axanar donor emails by Propworx:
I donated money to Axanar Productions and they have released my private e-mail information to another company, Propworx, who is now soliciting me with spam e-mail. I never game Axanar Productions authorization to release my e-mail information to anyone or any other organization.

The final complaint was filed on October 25, 2016, and refers to LFIM's attempting to censor donors in exchange for receiving refunds:
Crowdfunding scam. Axanar Productions raised over $1.1 MILLION on Kickstarter and IndieGogo to make an unauthorized Star Trek film. Rather than use the money to make the film, the principal of the company, Alec Peters, paid himself and girlfriend salaries, took many vacations, launched a derivative merchandise operation, and built a $300,000 studio facility with sound stage and renovated offices. That studio is now open for business as Industry Studios (www.industrystudios.la), renting to paying clients, while the 8,500+ consumers who gave him money to make a FILM are left with NOTHING, and the principal is saying no refunds will be paid. When the owners of Star Trek found out what he was doing, they filed a copyright infringement lawsuit against him and Axanar Prod. That lawsuit is currently nearing the end of the discovery phase, with trial set for Jan 2017. Despite there is no injunction keeping him from producing the film and other products during the lawsuit, and that he had over a year and a half to make the film before the lawsuit was filed and never came close to starting production (his legal defense claims in court filings that he never even finished a script) he is blaming his failure to deliver paid for goods or full refunds entirely on the big bad CBS/Paramount for daring to protect their IP. Him getting himself sued for building an entire enterprise upon property he doesn't own nor have license to exploit doesn't excuse him from the legal obligation he has to these consumers. They paid money for goods to be delivered no later than the delivery dates listed on the crowdfunding pages (July 2016 for Kickstarter and September 2016 for IndieGoGo), and requests for refunds have been met either "no refunds", or for the most vocal critics, offers for refunds only if they sign an NDA that threatens $5,000 fine per incident if the refunded consumer ever speaks of Axanar Productions or its principal. This is a mess, and 8,500+ consumers need some help. Please look into this. Thank you. RELEVENT LINKS: • Axamonitor.com is a website set up to organize the information about the CBS/Paramount lawsuit against Axanar Prod. It can quickly get you up to speed. • https://www.kickstarter.com/projects/194429923/star-trek-axanar/description the Kickstarter campaign. • https://www.indiegogo.com/projects/axanar#/ the IndieGogo Campaign.
So the FTC is clearly aware of Axanar. Whether they are going to do anything about it remains to be seen.
 
I'm slowly reading through these documents. I am honestly stunned this financial info @Jody Wheeler linked to was in the defence.

This has my favourite part so far;

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I can just hear Gosset's exasperation in my head. "Repeatedly."
 
I wish somebody would just send Peters back to mopping up the soup kitchen.
There is no way this guy can even be defined as a "Fan Film" and yet who (for better or worse) has constraints strapped on them? Fan Films.
Sorry I'm just frustrated. A year ago, a Facebook Post of a new episode (edit: whoops, can't call them episodes anymore) would net a quick 500 views with at least 50 clicks, now it's like 50 with 2 - 3 clicks. It once felt like with every new production a few new people discovered the world of fan films.
Okay, I know that is not only about getting views and reading posts from people who enjoyed the work but still everyone involved still likes to see them.
Besides it's nice to see what people come up with when it's not an event driven by cash flow and yet I can't but feel this whole Ananar scam has cast a dark shadow over the good people who work tirelessly to create real fan films.
Week after week Peters has done nothing but make excuses for his actions like he has been nothing but some gift from the heavens. Please Stop Helping!

True, creative people will adapt, pick up the mess and move on.
 
I just realized I think I never posted these here (and if I did, I blame creeping senility and a serious pie deficiency):

There are another 4 blog posts in the hopper and God I hope that's it until these motions are decided. Thank you, as always, for your kind support.
 
Holy cow, there's an actual piemobile! I do love how the name is in reverse lettering on the front, so you can read it in your rear view mirror. You know, like ambulances do.

Because you never know when there'll be an actual pie emergency.

Probably a more common occurrence than we're led to believe...

I was intrigued by the notice "Pie - Sweet and Savory" on the side of the truck. Imagine having a nice hot meat pie, followed by a small pecan pie. Maybe throw in an apple turnover and some pumpkin pie to get your fruit and vegetable allowance. They deliver whole meals! Ain't America terrific?! :techman:
 
Probably a more common occurrence than we're led to believe...
Had there been a fifth season of Enterprise, we would have learned that a pie emergency triggered the Earth-Romulan War.
That's what I thought. I do wonder if Peters might reconsider. Every filing he looks more and more like a crook.
Honestly, why would he settle? As long as his lawyers continue to enable him, he has no reason to put an end to this. In theory he could keep this case tied up in appeals for a couple more years. And any monetary judgment can be disposed of in bankruptcy. The only thing that would prompt a settlement is fear of imminent regulatory action (e.g., FTC or California Attorney General).
 
Had there been a fifth season of Enterprise, we would have learned that a pie emergency triggered the Earth-Romulan War.

Honestly, why would he settle? As long as his lawyers continue to enable him, he has no reason to put an end to this. In theory he could keep this case tied up in appeals for a couple more years. And any monetary judgment can be disposed of in bankruptcy. The only thing that would prompt a settlement is fear of imminent regulatory action (e.g., FTC or California Attorney General).

Ah. See I was thinking like a normal ethical human being. Not like Peters.
 
Honestly, why would he settle? As long as his lawyers continue to enable him, he has no reason to put an end to this. In theory he could keep this case tied up in appeals for a couple more years. And any monetary judgment can be disposed of in bankruptcy. The only thing that would prompt a settlement is fear of imminent regulatory action (e.g., FTC or California Attorney General).

I have to wonder just how much of the funds pledged to Axanar from the Kickstarter and Indegogo campaigns ultimately went to pay the Discovery phase of this trial; and further if there's a little 'something on the side/under the table' that W&S are also receiving from Alec Peters because the billable hour being lost to Pro Bono have got to be really adding up at this point.

All the funds for Axanar's portion of Discovery and filing fees had to come from somewhere as I doubt W&S was footing any part of the Video Testimony, Transcription. and other up front hard costs and court fees related to the Discovery Phase.
 
In for a penny, in for a pound. I believe that W&S are looking forward to all the trial coverage on the news networks as well as Entertainment Tonight (if that's still around) and the like. There's no such thing as bad publicity at this point.
 
I have to wonder just how much of the funds pledged to Axanar from the Kickstarter and Indegogo campaigns ultimately went to pay the Discovery phase of this trial; and further if there's a little 'something on the side/under the table' that W&S are also receiving from Alec Peters because the billable hour being lost to Pro Bono have got to be really adding up at this point.
Let's keep things in perspective. W&S earns over $800 million per year in revenue, which is about $1 million per attorney employed by the firm. The Axanar case isn't making a dent in their bottom line. And Ranahan gets to burnish her reputation as a leading voice on IP and new media. The biggest risk is that LFIM turns around and sues for malpractice if (when) he loses, but he'd hardly be the first client to do that.
 
I have to wonder just how much of the funds pledged to Axanar from the Kickstarter and Indegogo campaigns ultimately went to pay the Discovery phase of this trial; ...

I have to wonder how much of the money in total went into making the studio viable. The money had to go somewhere.

Let's keep things in perspective. W&S earns over $800 million per year in revenue, which is about $1 million per attorney employed by the firm. The Axanar case isn't making a dent in their bottom line. And Ranahan gets to burnish her reputation as a leading voice on IP and new media. The biggest risk is that LFIM turns around and sues for malpractice if (when) he loses, but he'd hardly be the first client to do that.

800 attorneys at a corporate annual get together. The mind boggles.
 
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