CBS/Paramount sues to stop Axanar

[Smoked Salmon]

The Axanar website loads for me.

 

[Karzak]

I just received a message from Indiegogo stating they're reviewing the Axanar campaign to verify that it complies with their terms:

At this time, the campaign, ‘Axanar’, is under review to ensure that it adheres to our Terms of Use (http://www.indiegogo.com/about/terms).

So what happens now? We will include the information you have provided along with all other information at our disposal in our review of the campaign. In some cases, we will contact the campaign owner to have them edit their campaign and it will remain on our platform. If the project doesn't follow our rules, we may remove the campaign. We may also restrict the campaign owner's future activities on Indiegogo.

To protect our users' privacy, we're unable to share the action we take. At Indiegogo, we take the trust and safety of our community very seriously, and we greatly appreciate your patience and understanding throughout this review process. To learn more about Indiegogo’s Trust & Safety effort, please visit: www.indiegogo.com/trust

It's good to see IndieGoGo responding to this (someone in this thread mentioned they wrote to IndieGoGo to complain about the Axanar fundraiser violating their rules.)

Dollars to donuts, they'll shut down the fundraiser once they see what's in plain sight -- that Peters and Burnett do not have any legal ownership of anything related to Star Trek.

 

[SuperSpaceMan]

The Axanar website loads for me.

The website is down on their end.... what you're getting is a historical backup...

 

[Smoked Salmon]

Perhaps the injunction has been granted.

 

[yenny]

I got an error page as well, but said that it was loading a historical version of the site....

Yeah, I've seen it, It's error 522, It mean that or Time out error accord while using cloudflare. The error fault is on Axanar. Which mean, either someone is jamming them or they're getting lots of traffic.

I prefer to think that Axanar's own lawyers have stormed the place and taken control of all computers and smartphones by force. They're claiming self defense.

It's a possible that the website was declare as evidence and they lock everyone out, including the owners. Which would mean that the owners or being kept from deleting or adding to or from their website.

 

[Noname Given]

I just received a message from Indiegogo stating they're reviewing the Axanar campaign to verify that it complies with their terms:

At this time, the campaign, ‘Axanar’, is under review to ensure that it adheres to our Terms of Use (http://www.indiegogo.com/about/terms).

So what happens now? We will include the information you have provided along with all other information at our disposal in our review of the campaign. In some cases, we will contact the campaign owner to have them edit their campaign and it will remain on our platform. If the project doesn't follow our rules, we may remove the campaign. We may also restrict the campaign owner's future activities on Indiegogo.

To protect our users' privacy, we're unable to share the action we take. At Indiegogo, we take the trust and safety of our community very seriously, and we greatly appreciate your patience and understanding throughout this review process. To learn more about Indiegogo’s Trust & Safety effort, please visit: www.indiegogo.com/trust

Indegogo is like any other money making entity. They're getting their 'fee' from every donation, thus I would expect their 'review of Axanar' continues until they get a court order that tells them to stop. (There's NO WAY the folks ant Indegogo didn't know the 'legal status' of Axanar - but I'm sure their lawyers told them they're in the clear by their TOS - and I'm sure they're perfectly content to continue taking their cut.) Gotta love corporate mentality huh?

 

[Danlav05]

Alec is still actively trying to make the film.

I don't know if that's brave or stupid!

 

[Smoked Salmon]

Alec is still actively trying to make the film.

I don't know if that's brave or stupid!

Stupid.

 

[Danlav05]

Alec is still actively trying to make the film.

I don't know if that's brave or stupid!

Stupid.

Very. Like announcing he's stepping down - who would work with him?!

 

[Squiggy]

Perhaps the injunction has been granted.

Doubt it. Their Facebook page was updated 10 minutes saying that they're screening Prelude at some film festival.

Because sure. Why not.

 

[Ion]

Haven't seen this one here yet. Much to my surprise, it would seem that Jerry Doyle (of B5 fame) is also drinking the Kool-Aid.

I think I'll just... get back to work.

 

[Squiggy]

Haven't seen this one here yet. Much to my surprise, it would seem that Jerry Doyle (of B5 fame) is also drinking the Kool-Aid.

I think I'll just... get back to work.

Starring all your favorite sci-fi stars who haven't had a gig in a decade such as...

 

[Professor Moriarty]

Honestly, although there have been some laughs. I'm really starting to become angry with Alec Peters and his compulsive lying and arrogance. Really not funny anymore, dude.

Welcome to the club. As more and more details of his shenanigans emerge, I regret ever giving him a penny, not to mention recommending Axanar to my Trekkie friends. In fact, I regret it so much that...

 

[Delecourt]

Going to just pop in here to state that Peters' and his team's 11th hour ploy to turn Axanar into a "non-profit" will not be of much help to his copyright case issue.

The use of copyrighted works, even for educational or "non-profit" purposes, is not a free pass for taking what does not belong to you.

The law specifically regards art and entertainment as "closer to the core of protected expression than primarily factual works. Because the dissemination of facts or information benefits the public, you have more leeway to copy from factual works than you do from fictional works."

"However, even if you take a small portion of a work, your copying will not be a fair use if the portion taken is the 'heart of the work'".

"Fair use is more difficult to establish if your use deprives the copyright owner of income or takes away from a new or future market for the copyrighted work. This is true even if your work is not directly competing with his own use of his work."

"Could my use of this copyrighted work potentially affect the sales of this work? If so, it's likely not fair use."

www.publiccounsel.org/tools/publications/files/fairuse.pdf

http://nonprofitconversation.blogspot.com/2010/06/beware-of-copyrighted-images-used.html

 

[oswriter]

Perhaps the injunction has been granted.

I just checked the court docket. No new filings today. But it's still early.

 

[SuperSpaceMan]

Perhaps the injunction has been granted.

Doubt it. Their Facebook page was updated 10 minutes saying that they're screening Prelude at some film festival.

Because sure. Why not.

What festival... Wonder if they will be doing a panel....

 

[oswriter]

BTW, in case anyone wants to look at it, here is a printout of the most recent court docket:

http://skipoliva.com/wp-content/uploads/2016/01/axanar-docket-2016-01-06-1345.pdf

 

[Tom]

I just received a message from Indiegogo stating they're reviewing the Axanar campaign to verify that it complies with their terms:

At this time, the campaign, ‘Axanar’, is under review to ensure that it adheres to our Terms of Use (http://www.indiegogo.com/about/terms).

So what happens now? We will include the information you have provided along with all other information at our disposal in our review of the campaign. In some cases, we will contact the campaign owner to have them edit their campaign and it will remain on our platform. If the project doesn't follow our rules, we may remove the campaign. We may also restrict the campaign owner's future activities on Indiegogo.

To protect our users' privacy, we're unable to share the action we take. At Indiegogo, we take the trust and safety of our community very seriously, and we greatly appreciate your patience and understanding throughout this review process. To learn more about Indiegogo’s Trust & Safety effort, please visit: www.indiegogo.com/trust

It's good to see IndieGoGo responding to this (someone in this thread mentioned they wrote to IndieGoGo to complain about the Axanar fundraiser violating their rules.)

Dollars to donuts, they'll shut down the fundraiser once they see what's in plain sight -- that Peters and Burnett do not have any legal ownership of anything related to Star Trek.

They already have the money though, they get the money, minus fee, a couple weeks after the campaign ended, and when in 'indemand' mode they get regular (weekly, I think) payments after that. Still, the fact their still running that in the face of the lawsuit is really a bad idea.

 

[Smoked Salmon]

Going to just pop in here to state that Peters' and his team's 11th hour ploy to turn Axanar into a "non-profit" will not be of much help to his copyright case issue.

The use of copyrighted works, even for educational or "non-profit" purposes, is not a free pass for taking what does not belong to you.

The law specifically regards art and entertainment as "closer to the core of protected expression than primarily factual works. Because the dissemination of facts or information benefits the public, you have more leeway to copy from factual works than you do from fictional works."

"However, even if you take a small portion of a work, your copying will not be a fair use if the portion taken is the 'heart of the work'".

"Fair use is more difficult to establish if your use deprives the copyright owner of income or takes away from a new or future market for the copyrighted work. This is true even if your work is not directly competing with his own use of his work."

"Could my use of this copyrighted work potentially affect the sales of this work? If so, it's likely not fair use."

www.publiccounsel.org/tools/publications/files/fairuse.pdf

http://nonprofitconversation.blogspot.com/2010/06/beware-of-copyrighted-images-used.html

Thanks, but this has already been discussed at length.

 

[oswriter]

Going to just pop in here to state that Peters' and his team's 11th hour ploy to turn Axanar into a "non-profit" will not be of much help to his copyright case issue.

The use of copyrighted works, even for educational or "non-profit" purposes, is not a free pass for taking what does not belong to you.

The law specifically regards art and entertainment as "closer to the core of protected expression than primarily factual works. Because the dissemination of facts or information benefits the public, you have more leeway to copy from factual works than you do from fictional works."

"However, even if you take a small portion of a work, your copying will not be a fair use if the portion taken is the 'heart of the work'".

"Fair use is more difficult to establish if your use deprives the copyright owner of income or takes away from a new or future market for the copyrighted work. This is true even if your work is not directly competing with his own use of his work."

"Could my use of this copyrighted work potentially affect the sales of this work? If so, it's likely not fair use."

www.publiccounsel.org/tools/publications/files/fairuse.pdf

http://nonprofitconversation.blogspot.com/2010/06/beware-of-copyrighted-images-used.html

Thanks, but this has already been discussed at length.

One thing that does interest me. Peters apparently posted on December 11th he was preparing to file for non-profit status. Why at that point? Did he already know litigation was coming?