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CBS/Paramount sues to stop Axanar

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carlosp said:
After Jonathan Lane's Fan Film Factor re-posted AxaMonitor's Illustrated Guide to the Axanar Lawsuit, the Axanar Facebook page deleted one of its own supporters' link to the FFF article. People noticed.
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Are you claiming no bias?
 
On what date can I tune into this channel to see the final conclusion to this overrated run-on episode? 2017? 2020? I'll put it on my calendar and tune in then.
 
carlosp said:
Jonathan Lane's Fan Film Factor re-posted AxaMonitor's Illustrated Guide to the Axanar Lawsuit
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I rather enjoyed that blog (as well as your own particularly awesome 'Guide'). Thinking again in Trek references as I am ever prone to do, I liked that Mr. Lane nodded to you, and your continuing work, and he as being sort of worthy adversaries much in the way Worf and his ken would express about their adversaries they considered to have honor, even while both sides were trying to utterly defeat each other. :lol:

Nice. Both of you in the work from your own points of view you both have committed to.

As always I continue rely on AxaMonitor, @jespah's page by page legal document explanations and fff to give me a fuller picture of those of us who find ourselves in direct opposition in this matter. I learn facts & their supporting sources, I see different points of view on the same data, and get translations of the dagnab legalese that keeps trying to trip me up at every turn. :) I thank you all for all you do.
 
urbandefault said:
He'll never give up, never surrender, even if eventually faced with criminal charges and jail time. He's set himself up as the savior of real Star Trek and he'll play the innocent victim of evil corporate America to his last breath.
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By Captain Garth's Hammer, by the suns of Axanar, My donors shall be avenged!
 
No "Fair Use."
'Star Trek' Fan Film Dispute Goes to Jury Trial in Big Ruling


"With respect to the first core issue, the Court finds that the Axanar Works have objective substantial similarity to the Star Trek Copyrighted Works," he writes.

Klausner rules that the character of Garth is entitled to copyright protection, has well-delineated physical and conceptual qualities, and contrary to defendants' arguments, isn't obscure. He notes the appearance in Axanar of Klingons and Vulcans as well as the use of other copyrighted elements like a Klingon officer's uniform from the motion picture Star Trek VI — the Undiscovered Country. He also points to the fan film including settings from Star Trek copyrighted works such as planets Axanar, Qo'noS and Vulcan.

"Under the extrinsic test, the Axanar Works are substantially similar to the Star Trek Copyrighted Works," writes Klausner. "This conclusion finds strong support in Defendants’ intent for the Axanar Works. 'Defendants expressly set out to create an authentic and independent Star Trek film that [stayed] true to Star Trek canon down to excruciating details.'"

But that doesn't end the dispute because under the second part of the copyright analysis, the so-called intrinsic test that asks whether an ordinary, reasonable person would find the total concept and feel of the works to be substantially similar, the judge finds that a jury will best answer this. Thus, he denies the summary judgment motion made by CBS and Paramount.
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I have read the judge's ruling. Biggest pernts:
  • No fair use. He went through all four elements and found in favor of the plaintiffs for all of them.
  • Not transformative.
  • He found the works to be extrinsically, objectively substantially similar. This effectively does some of the plaintiffs' work for them.
  • However, he did say intrinsic, subjective substantial similarity would be a question for the jury (e. g. the trier of fact, as the judge is the trier of law).
  • He found vicarious and contributory infringement on Mr. Peters's part.
  • However, he did not find willful infringement and, instead, reserved it as a jury question.
  • Defense motion was denied in its entirety.
  • Lots of Star Trek puns.
  • Did not rule on the Language Creation Society's petition to file an amicus curiae brief.
Pretrial conference is scheduled for the 9th (e. g. Monday). Trial is scheduled for January 31st.

Semantic Shenanigans blog to follow, er, at some point. I am home sick and a guy I freelance for just dumped a load of stuff on me to do. Note: I will blog on this stuff even if the case settles before I get to it.
 
Well, good.

I'm sure this will be spun somehow. Probably something along the lines of "We didn't really think the 'fair use' thing was going to work so we did expect this judgement. Everything is OK, nothing to see here, please send money".
 
OtherGene said:
Well, good.

I'm sure this will be spun somehow. Probably something along the lines of "We didn't really think the 'fair use' thing was going to work so we did expect this judgement. Everything is OK, nothing to see here, please send money".
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"The judge may have said Axanar isn't fair use, but he DIDN'T say that it isn't NOT fair use! Trust me, I'm a trained attorney AND and ex-volleyball coach. Keep sending money!"
 
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