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CBS/Paramount sues to stop Axanar

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I'd also be interested to hear a lawyer's perspective. If I had to guess, i'd say a prominent attorney like this woman wouldn't take the case unless she thought there was a legit defense to be tried, a defense that at least had a 50/50 shot.

Or maybe i'm wrong and it's all about the money.
 
Thank insert deity here for the return of multi-quote. It's really hard to keep up today. :p

That means endlessly circling the same subjects again until we get a response... sigh.

Nah, just means nothing legally relevant. Peters appears to be enough of a narcissist that we'll be endlessly entertained with his blog posts and whatnot.

I do believe that with this kind of representation, this will be the end of fan films. CBS simply won't want to deal with this hassle ever again.

I fear you're right, and I pray that you're wrong.

I wonder. Can Peters use the Crowdfunded money for his legal battle? I wouldn't think so, but who's staking him to a high powered lawyer otherwise?

Can he? Yes. AFAICT, there's no guarantees, at all, of where that crowdfunding money goes. The legal battle can also be considered a genuine expense toward making the film. Ergo, yes, he can do it (without even being fraudulent about it).

The real question is: should he?

Yes, I have blogged about this for the G & T Show.
http://www.gandtshow.com/fan-dance-sound-fury-and-axanar/

Now with more bad cell phone pictures of my diplomas!

Seriously, many thanks for your kind support.

Okay, now I'm two behind on your wonderful fun posts. I still haven't had the chance to listen to the last G&T show :p Looks like this weekend will be busy. :)

If somehow this ends in any kind of Axanar victory, expect CBS/Paramount to appeal until they turn blue.

Which will be some time around the heat death of the universe. I doubt they would ever allow that kind of challenge to their rights to continue existing, and they would drag it out as long as they felt it necessary. That can be a very long time in the legal world. :)

"The jury deliberated for more than two days and found that Chapterhouse could continue to make and sell more than a hundred products without fear of copyright infringement. The jury also confirmed that Chapterhouse could continue to use most of Games Workshop’s asserted trademarks when selling compatible parts, including all nine of Games Workshop’s registered trademarks."

Jury came down on Chapterhouse's side.

That part is a bit confusing, but from what I can tell, there was an appeal after the jury verdict, and a settlement on the appeal. Someone with actual legal skills would have to untangle that mess for me, because I'm just not that smart. :lol:

I'd also be interested to hear a lawyer's perspective. If I had to guess, i'd say a prominent attorney like this woman wouldn't take the case unless she thought there was a legit defense to be tried, a defense that at least had a 50/50 shot.

Even the guilty have to be defended.
 
Even the guilty have to be defended.

No argument there, and I am a strong believer in giving even the worst criminals a fair trial and a strong defense. But this isn't a criminal trial. I have to imagine she thinks there's some defense with merit.
 
...and his attorney is no slouch, is my point. Would such a prominent, well-respected attorney/firm take a case they didn't think had a chance?
 
OK, @jespah, having read your credentials: does a parody defense hold up even a little, if they make the entire film in documentary style? Is that transformative enough or "commentary" enough to qualify? Not all parody must be funny.

I think parody/fair use is one of the few places where the defense can hang its hat. They'll argue (possibly) media rights/new media. Social media is making some lines blurrier in these areas, but with a copyright that is well-documented and an IP that did not go dormant (just because there's nothing on TV doesn't mean the IP is dormant. There are tie-in novels, for one thing), I think defense has an uphill slog.
 
I don't imagine this woman is going to get up in front of a judge and argue that "Paramount and CBS haven't made a good Star Trek show or movie in 20 years!" she'll be laughed out of court.

So either she was hired to oversee settlement talks, or she has a defense she thinks has some genuine merit and a chance at winning.
 
I think parody/fair use is one of the few places where the defense can hang its hat. They'll argue (possibly) media rights/new media. Social media is making some lines blurrier in these areas, but with a copyright that is well-documented and an IP that did not go dormant (just because there's nothing on TV doesn't mean the IP is dormant. There are tie-in novels, for one thing), I think defense has an uphill slog.

Very interesting. So they'll claim that digitally distributed "films" are a new form of media unexploited in Trek? Far-fetched, but hypothetically let's assume that defense is victorious; does that mean they, because trademarks are "first to file" they could file for trademark and prevent CBS' All Access from doing their series?

Now there's a crazy thought!
 
Very interesting. So they'll claim that digitally distributed "films" are a new form of media unexploited in Trek? Far-fetched, but hypothetically let's assume that defense is victorious; does that mean they, because trademarks are "first to file" they could file for trademark and prevent CBS' All Access from doing their series?

Now there's a crazy thought!
Unfortunately for that line of thought, Paramount and CBS have digitally released all of Trek, so its something that has been done for about a decade.
 
Very interesting. So they'll claim that digitally distributed "films" are a new form of media unexploited in Trek? Far-fetched, but hypothetically let's assume that defense is victorious; does that mean they, because trademarks are "first to file" they could file for trademark and prevent CBS' All Access from doing their series?

Now there's a crazy thought!

It's going to be interesting. We do talk about copyright/copyleft in class but it's usually in the context of memes and/or computer code. Feature motion pictures/indie pictures are kinda different.
 
Now that you mention it, this could be his defense strategy: if he claims the film would be a History Channel style documentary, I wonder if that would qualify as transformative enough. Very interesting.

Anyone with legal expertise care to chime in there?

FWIW, aside from parody, documentaries are considered candidates for fair use of source materials. However, I think it would be streeeeetching it to say that this is really a documentary. It is a documentary format reporting on content which they are making up. And even if you did say do a 'documentary' of the events in Iron Man 2, would it count? Its fiction to start with.
 
Peters just announced his lawyers. No word on the extension or the halt in filming as a stipulation.

Screen%20Shot%202016-01-21%20at%204.20.42%20PM.jpg
 
FWIW, aside from parody, documentaries are considered candidates for fair use of source materials. However, I think it would be streeeeetching it to say that this is really a documentary. It is a documentary format reporting on content which they are making up. And even if you did say do a 'documentary' of the events in Iron Man 2, would it count? Its fiction to start with.

Agreed there. What I mean is, turning Trek into a documentary style film-- is that transformative enough, or could it be considered a parody of Trek, albeit a serious one, rather than a humorous one? I agree it's probably not enough, but then again, i'm no expert.
 
Peters just announced his lawyers. No word on the extension or the halt in filming as a stipulation.

Screen%20Shot%202016-01-21%20at%204.20.42%20PM.jpg

I wonder if the lawyers in question are happy to be associated with someone of Peters' reputation?

I'm surprised they'd pose for a picture. And no, that's not snark (though the above certainly is :devil:)
 
I wonder if the lawyers in question are happy to be associated with someone of Peters' reputation?

I don't think a lawyer cares about a client's reputation (nor should they). If they think they can win, that's all that's important-- again, as it should be.
 
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