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CBS/Paramount sues to stop Axanar

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I will be amazed, awed, and gob-smacked if Ms. Ranahan can pull this off as fair use or transformative.

Stranger things have happened in courts, but usually when only one side had expensive lawyers.
CBS has expensive lawyers as well.
Also, if this gets to court presumably Alec Peters will testify. And then it's game over.
 
If Alec Peters himself has admitted numerous times to violating CBS IP, how is a jury going to rule otherwise?
 
I'm not convinced it's bluster. In the past weeks of this I've been reading online where lots of this is actually happening. I think she will pull it off. For some while now I've been thinking the studio will stay as is, as will Ares Digital. And that CBS/Paramt's bottom line is the movie, and IF it proceeds at all, will proceed as generic sci-fi. I think it will settle with both sides scoring Win. And guide lines for fan productions will be defined.
I've never been good at making bets, so should I just give you a dollar or two now to save time? ;)

I don't believe it's probable (or even possible), but the only way I could see CBS saying, "What do we care about the studio, let him have it," is if Peters' production company had to sign legally binding papers that they would not step into the Trek arena in any way in any future project, and that CBS will be very vigilant in seeing that nothing that can even remotely be associated with a piece of CBS IP ever comes out of that studio. In any case, I don't see Axanar ever making it onto film in any form. Both sides don't deserve a win in this case. And if he completely "de-Trekifies" it, then who's to say he can't turn it into a commercial film? No, I don't think any form of Axanar (or any space battle movie) is going to happen.

At the same time, I don't see that because CBS believes its IP was used as a promotion/inducement for funds so Peters could build that studio. Considering the scope of the studio project and its stated future uses, that's a pretty big no-no for CBS overlook. They aren't venture capitalists, after all.
 
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How much you wanna bet this "amicable settlement" will be claimed as a 'victory' by Peters?
Honestly, any settlement that:

1) Doesn't take Mr. Peters personal finances to the cleaners

2) Doesn't effectively shutter/force a sell off/seizing of infringing sets/props to pay off danages to Paramount/CBS or shuttering of the 'Axanar Studios' physical location (or Mr. Peters is force to quit the lease and agree he will not crowfund for another studio location by using 'Star Trek' in any way.)

Would and should be considered a 'win' by Mr. Peters and Co.

(I really think Mr. peters has deluded himself into believing that not only will Paramount/CBS settle; but his team will be able to dictate aspects of the settlement and somehow get the licensing to produce Axanar <--- But that ain't gonna happen and he'll be lucky to walk away with enough to pitch a tent to sleep in for the next few years.)

I think it may be game over if CBS can demand an accounting of what the money was spent on. I don't know if they can do it.
Of course they can. It will most definitely be part of their 'discovery' for the case (and for the Judge as well) since the Judge and CBS will have to know how much money is available for damages. (And I'm sure CBS will demand a full independent accounting as part of any settlement assuming they even want to do any settlement of the case.)
 
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Are you kidding :-) , stopping the open trial *is* a victory for Axanar if they can get it, even if a sealed settlement wipes them out. Can you imagine? "Your honor, if you say that again, I will bring a lawsuit against you as an obviously biased hater!!!".

What does it say about me that I can well imagine Alec Peters being held in contempt at some point if this should (please, God) make it to trial?
 
If you're going to keep saying this I'm going to have to keep asking you for links and examples. Otherwise the subject cannot be sensibly discussed.
Oh, sweety, this is an open message board. :) Lots of things are being emotionally discussed rather than sensibly. Can you frame my post as an emotional one? I won't mind because really, I'm having a gut feeling anyway. It will be based on things I've read, but I've read so many. I still simply don't have links, which I wish I could provide you. I really do. I've just been googling various legal words that would lead me to something, I'd read it and find a new legal word, google it, read something else, google something else, ad nauseam for days and days and days... and formed an opinion. I apologize for not keeping track so I could offer you links. I just didn't. It wasn't intentional in any way at all. Nor would I ever mean to offend. And in the end I've formed a gut feeling about the case. Since I have no background or education in law it would be right and reasonable to completely dismiss, ignore, or disagree with anything I say about it anyway. :)
 
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I've never been good at making bets, so should I just give you a dollar or two now to save time? ;)

I don't believe it's probable (or even possible), but the only way I could see CBS saying, "What do we care about the studio, let him have it," is if Peters' production company had to sign legally binding papers that they would not step into the Trek arena in any way in any future project, and that CBS will be very vigilant in seeing that nothing that can even remotely be associated with a piece of CBS IP ever comes out of that studio. In any case, I don't see Axanar ever making it onto film in any form. Both sides don't deserve a win in this case. And if he completely "de-Trekifies" it, then who's to say he can't turn it into a commercial film? No, I don't think any form of Axanar (or any space battle movie) is going to happen.

At the same time, I don't see that because CBS believes its IP was used as a promotion/inducement for funds so Peters could build that studio. Considering the scope of the studio project and its stated future uses, that's a pretty big no-no for CBS overlook. They aren't venture capitalists, after all.
Nah. In the end I could turn out to be totally wrong anyway.:lol: So we could just bet without money. Besides new info could come to light that changes my mind on everything. I mean, you do make some very valid points.
 
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A quitclaim deed, may be quick and easy, but they lose the protection of the warranty deed, so he may have started down the road, and just figured, it wasn't that important, at that point. Who knows....
That's generally the case. Quitclaim deeds are garbage because there's zero security that the grantor of the quitclaim deed actually has legal ownership. You'd certainly want to get a title report and make sure there's no cloud on the title before the grantor heads for the hills.

It doesn't automatically void or end the previous warranty deed, but there's nothing stopping me from selling my house to someone else to someone and during that transaction quitclaiming to a random third party - except general ethics.

*Not licensed in Florida. Your mileage may vary. If your erection last longer than four hours you're doing it wrong. I am a non-attorney spokesperson.
 
Are you kidding :-) , stopping the open trial *is* a victory for Axanar if they can get it, even if a sealed settlement wipes them out. Can you imagine?

In that case, Axanar should go ahead, declare victory and go home since the vast majority of lawsuits end up being settled out of court anyway.
 
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