CBS/Paramount sues to stop Axanar

[SPCTRE]

Hey, I didn't "buy" a Blu-ray. I received a "perk" for making a donation to support Amazon's infrastructure costs.

 

[HMS Ark Royal]

Here's some motivation for Peters to win

If Alec wins I will personally do Uhura's fan dance on the steps of the US Senate Building

 

[steam235]

Optimum outcome: Peters loses everything. Not just for the whole IP business, but for the fuckover committed on the fans he supposedly has such high regard for. People like Tobias, Sean Torongeau (I went to school with a Torongeau, BTW) get treated like the dupes they were whose only crime was wanting to be part of some new great thing.

Other fan films get left alone as long as they don't make the same kinds of "mistakes".

CBS/Paramount acquires all assets of Aries Studio, which would, of course, include Axanar and all related material. They polish up the script and do it as a straight-to-DVD feature. And actually get tons of good publicity out of it, as well as whetting the appetite for the new series.

That's a win/win for everybody but Peters.

Can we finally just say that Sean should be recognized as the creator of the Ares? I mean a few years from now no matter what happens with the film the Ares will still be one of the best Fannon ships. It's alot more Sean updating his Titan than Alec modifying a Centuar.

 

[SuperSpaceMan]

Apparently, Burnett came back the FB group to comment some more after I went to bed last night and deposited this little turd over night:

Robert Meyer Burnett said:

I hope all of you bought the I LOVE LUCY, BONANZA and THE FUGITIVE restorations CBS Home Video painstakingly provided. CBS spent a great deal of money restoring those shows. I was astonished how much time and effort went into those home video releases. Of course, it goes without saying all of you own the STAR TREK: THE NEXT GENERATION Blu-rays CBS spent MILLIONS of dollars creating HD masters for...right?!? Having worked on those special features for three years, I'm so glad to see such a loyal fan base here. It's really too bad TREK loyalists didn't buy more copies, because I really wanted DS9 on Blu. But you guys seem to be at the forefront of supporting everything CBS has done for TREK. I stand for CBS too, because I know how much time and effort they put into the TNG restoration, an effort unprecedented in television history. I'm sure every TREK loyalist displays their TNG blus right next to their most valued possessions. I know I do.

Link

I mean... now it's the fans' fault? Is this guy a piece of work or what?

Hey, I didn't "buy" a Blu-ray. I received a "perk" for making a donation to support Amazon's infrastructure costs.

Sorry, I had to post this on the I Stand with CBS Facebook page... I did property give you credit, but I swear I did not receive any profit or compensation for it!

 

[E-DUB]

I'm not a lawyer but it seems to me that the people with the greatest claim on Axanar's assets are the people who have sustained actual tangible loss here, as opposed to hypothetical potential loss, which is what CBS/Paramount are claiming.

I mean, of course, the donors, (I am not one, so I don't have the proverbial dog in this fight.), the vast majority of whom, I'm certain, were unaware of Mr. Peter's questionable antics and just wanted to see the movie get made and aren't part of Mr. Peters cadre of kool-aid drinkers (maybe that should be coffe-drinkers). Maybe someone here with legal experience could do a "friend of the court" brief just to get that perspective in front of the judge.

I wasn't following the whole business myself either, but that being said, even I could see that he seemed to be tickling the dragon's tail.

 

[JoeZhang]

I mean, of course, the donors.
.

I would have think they have absolutely no claims over the assets as per the TOS of the fund-raising sites.

 

[Mudd]

Methinks that Mr. Burnett considers himself to be a clever man.

The jury is out.

 

[Smoked Salmon]

I mean, of course, the donors.
.

I would have think they have absolutely no claims over the assets as per the TOS of the fund-raising sites.

It's Peters who has breached the terms of service. When signing up he would have had to indicate he had permission to use the IP. If he hasn't, and can't complete the project then he has to provide a refund under TOS. If he doesn't do so they would then have a claim against him. Get a money judgment and you can enforce it against his property and assets.

 

[Smoked Salmon]

Apparently, Burnett came back the FB group to comment some more after I went to bed last night and deposited this little turd over night:

Robert Meyer Burnett said:

I hope all of you bought the I LOVE LUCY, BONANZA and THE FUGITIVE restorations CBS Home Video painstakingly provided. CBS spent a great deal of money restoring those shows. I was astonished how much time and effort went into those home video releases. Of course, it goes without saying all of you own the STAR TREK: THE NEXT GENERATION Blu-rays CBS spent MILLIONS of dollars creating HD masters for...right?!? Having worked on those special features for three years, I'm so glad to see such a loyal fan base here. It's really too bad TREK loyalists didn't buy more copies, because I really wanted DS9 on Blu. But you guys seem to be at the forefront of supporting everything CBS has done for TREK. I stand for CBS too, because I know how much time and effort they put into the TNG restoration, an effort unprecedented in television history. I'm sure every TREK loyalist displays their TNG blus right next to their most valued possessions. I know I do.

Link

I mean... now it's the fans' fault? Is this guy a piece of work or what?

What a scumbag, and what a totally irrelevant argument.

 

[JoeZhang]

I mean, of course, the donors.
.

I would have think they have absolutely no claims over the assets as per the TOS of the fund-raising sites.

It's Peters who has breached the terms of service. When signing up he would have had to indicate he had permission to use the IP. If he hasn't, and can't complete the project then he has to provide a refund under TOS. If he doesn't do so they would then have a claim against him. Get a money judgment and you can enforce it against his property and assets.

Looking further into this:

Campaign Owners are legally bound to perform on any promise and/or commitment to Contributors (including delivering any Perks). Indiegogo does not recognize any third party and/or agency affiliated with the Campaign as a Campaign Owner. If a Campaign Owner is unable to perform on any promise and/or commitment to Contributors, the Campaign Owner will work with the Contributors to reach a mutually satisfactory resolution, which may include the issuance of a refund of Contributions by the Campaign Owner. Indiegogo is under no obligation to become involved in disputes between Campaign Owners and Contributors, or Users and any third party. In addition, Indiegogo is under no obligation to become involved in disputes regarding the determination of the rightful Campaign Owner, and will not be obligated to make any changes to Campaign Owner accounts or transfer of ownership. In the event of any dispute, such as a Campaign Owner's alleged failure to comply with the Terms or alleged failure in fulfillment of a Perk, we may provide the Campaign Owner's contact information to the Contributor so that the two parties may resolve their dispute.

Who is the campaign owner? A company he can fold?

 

[Smoked Salmon]

I would have think they have absolutely no claims over the assets as per the TOS of the fund-raising sites.

It's Peters who has breached the terms of service. When signing up he would have had to indicate he had permission to use the IP. If he hasn't, and can't complete the project then he has to provide a refund under TOS. If he doesn't do so they would then have a claim against him. Get a money judgment and you can enforce it against his property and assets.

Looking further into this:

Campaign Owners are legally bound to perform on any promise and/or commitment to Contributors (including delivering any Perks). Indiegogo does not recognize any third party and/or agency affiliated with the Campaign as a Campaign Owner. If a Campaign Owner is unable to perform on any promise and/or commitment to Contributors, the Campaign Owner will work with the Contributors to reach a mutually satisfactory resolution, which may include the issuance of a refund of Contributions by the Campaign Owner. Indiegogo is under no obligation to become involved in disputes between Campaign Owners and Contributors, or Users and any third party. In addition, Indiegogo is under no obligation to become involved in disputes regarding the determination of the rightful Campaign Owner, and will not be obligated to make any changes to Campaign Owner accounts or transfer of ownership. In the event of any dispute, such as a Campaign Owner's alleged failure to comply with the Terms or alleged failure in fulfillment of a Perk, we may provide the Campaign Owner's contact information to the Contributor so that the two parties may resolve their dispute.

Who is the campaign owner? A company he can fold?

Depends on whether he signed up with his own name or the company's.

 

[Smoked Salmon]

Just because I hadn't noticed before, I see Mike Okuda is now a part of the I stand with CBS group.

 

[JoeZhang]

This thread flies so quickly - just seen this on the axanar fan group but someone might have posted it:

Dear fans:

We at Axanar have been working our butts off to bring you the best Star Trek we possibly can. Obviously CBS has put up a big road block, which we are dealing with. We want you all to know that your continued support is very heart warming.

We had a big meeting yesterday that will have a big impact on the future of what we do. In that meeting I can tell you that YOU the donors were constantly referred to. We are always talking about you all and how we make sure you get a product YOU will be happy with.

You are all very important to us. We do what we do not only FOR you, but BECAUSE of you. And we are forever indebted to you for allowing us to take this journey with you.
So it was interesting when this came across my desk today:

"We crave explanations for most everything, but innovation and progress happen when we allow ourselves to embrace uncertainty" Simon Sinek

When the waves are their biggest, the best surfers run into the water.
Alec

GET THE ANGLE-GRINDER TO THOSE SERIAL NUMBERS!

 

[oswriter]

I'm not a lawyer but it seems to me that the people with the greatest claim on Axanar's assets are the people who have sustained actual tangible loss here, as opposed to hypothetical potential loss, which is what CBS/Paramount are claiming.

The problem is, if CBS/Paramount secures a monetary judgment against Axanar Productions, the company will almost certainly file for Chapter 7 bankruptcy. And in such a circumstance, any claims the donors have (which would basically be for breach of contract) would be unsecured debts. So they're likely to get next to nothing.

 

[Zaminhon]

Apparently, Burnett came back the FB group to comment some more after I went to bed last night and deposited this little turd over night:

I mean... now it's the fans' fault? Is this guy a piece of work or what?

Hey, I didn't "buy" a Blu-ray. I received a "perk" for making a donation to support Amazon's infrastructure costs.

Nice!

 

[oswriter]

This thread flies so quickly - just seen this on the axanar fan group but someone might have posted it:

Dear fans:

We at Axanar have been working our butts off to bring you the best Star Trek we possibly can. Obviously CBS has put up a big road block, which we are dealing with. We want you all to know that your continued support is very heart warming.

We had a big meeting yesterday that will have a big impact on the future of what we do. In that meeting I can tell you that YOU the donors were constantly referred to. We are always talking about you all and how we make sure you get a product YOU will be happy with.

You are all very important to us. We do what we do not only FOR you, but BECAUSE of you. And we are forever indebted to you for allowing us to take this journey with you.
So it was interesting when this came across my desk today:

"We crave explanations for most everything, but innovation and progress happen when we allow ourselves to embrace uncertainty" Simon Sinek

When the waves are their biggest, the best surfers run into the water.
Alec

GET THE ANGLE-GRINDER TO THOSE SERIAL NUMBERS!

Yeah, except the first thing he said was, "We at Axanar have been working our butts off to bring you the best Star Trek we possibly can." Doesn't sound like he's about to try and "de-Trekify" Axanar.

 

[The Transformed Man]

 

[Woulfe]

This thread flies so quickly - just seen this on the axanar fan group but someone might have posted it:

Dear fans:

We at Axanar have been working our butts off to bring you the best Star Trek we possibly can. Obviously CBS has put up a big road block, which we are dealing with. We want you all to know that your continued support is very heart warming.

We had a big meeting yesterday that will have a big impact on the future of what we do. In that meeting I can tell you that YOU the donors were constantly referred to. We are always talking about you all and how we make sure you get a product YOU will be happy with.

You are all very important to us. We do what we do not only FOR you, but BECAUSE of you. And we are forever indebted to you for allowing us to take this journey with you.
So it was interesting when this came across my desk today:

"We crave explanations for most everything, but innovation and progress happen when we allow ourselves to embrace uncertainty" Simon Sinek

When the waves are their biggest, the best surfers run into the water.
Alec

GET THE ANGLE-GRINDER TO THOSE SERIAL NUMBERS!

HE'S MOVING THE GOAL POSTS AT THE 11TH HOUR !

Do you think that will save him from THE WRATH OF CBS ?

 

[oswriter]

*sigh* I miss Star Trek V. It was a simpler time.

 

[Karzak]