Ok. You win the thread for today.
CBS/Paramount sues to stop Axanar
- Thread starter Richard Baker
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I understand Alec's attorneys have to defend him, but really, have they looked at anything Alec's said? Look at the Indiegogo page.
"Axanar is the first fully-professional, independent Star Trek film."
"...we are not licensed by CBS..."
"Axanar feels like Star Trek..."
Then there's the Vulcan scene.
Reading the response, I know they had to say something, but it was maddening going through it.
Referring to the Prelude as a "mockumentary" is a reach. There's nothing in the description of that video that would make anyone think it was a parody.
"Axanar is the independent production that proves a feature-quality Star Trek film can be made on a very modest budget -- approximately $80,000 in the case of the short film that you just watched -- and outside of the studio system. Filmed in Hollywood, this effort, our short proof-of-concept film to show what our professional and highly talented cast and crew can deliver, was made possible by generous donations to our first Kickstarter effort by fans like you. Prelude to Axanar is told in a retrospective documentary fashion, but the follow-up feature-length film that is currently in production will unfold as a traditional film that is told chronologically would. You are fans of Star Trek. We are fans of Star Trek. Together we can make amazing things happen!
This 21-minute short film, Prelude to Axanar, premiered Saturday, July 26th, 2014, at San Diego Comic Con, and features Richard Hatch, Tony Todd, Kate Vernon, JG Hertzler and Gary Graham -- Gary reprises his role of Soval from "Enterprise." The makeup and hair was designed by Academy Award winner Kevin Haney and Star Trek veteran Brad Look of Makeup Effects Lab in Hollywood. Top that off with the amazing visual effects of Tobias Richter of The Light Works, and sound by Academy Award winner Frank Serafine, and the result is Prelude to Axanar: something unlike anything you have ever seen before. We have our loyal donors to thank for this and we couldn't be more grateful!"
Alec is just digging a deeper and deeper hole for himself. Again, if I was a possible Doe in this, I'd try to talk some sense into him.
Neil
"Axanar is the first fully-professional, independent Star Trek film."
"...we are not licensed by CBS..."
"Axanar feels like Star Trek..."
Then there's the Vulcan scene.
Reading the response, I know they had to say something, but it was maddening going through it.
Referring to the Prelude as a "mockumentary" is a reach. There's nothing in the description of that video that would make anyone think it was a parody.
"Axanar is the independent production that proves a feature-quality Star Trek film can be made on a very modest budget -- approximately $80,000 in the case of the short film that you just watched -- and outside of the studio system. Filmed in Hollywood, this effort, our short proof-of-concept film to show what our professional and highly talented cast and crew can deliver, was made possible by generous donations to our first Kickstarter effort by fans like you. Prelude to Axanar is told in a retrospective documentary fashion, but the follow-up feature-length film that is currently in production will unfold as a traditional film that is told chronologically would. You are fans of Star Trek. We are fans of Star Trek. Together we can make amazing things happen!
This 21-minute short film, Prelude to Axanar, premiered Saturday, July 26th, 2014, at San Diego Comic Con, and features Richard Hatch, Tony Todd, Kate Vernon, JG Hertzler and Gary Graham -- Gary reprises his role of Soval from "Enterprise." The makeup and hair was designed by Academy Award winner Kevin Haney and Star Trek veteran Brad Look of Makeup Effects Lab in Hollywood. Top that off with the amazing visual effects of Tobias Richter of The Light Works, and sound by Academy Award winner Frank Serafine, and the result is Prelude to Axanar: something unlike anything you have ever seen before. We have our loyal donors to thank for this and we couldn't be more grateful!"
Alec is just digging a deeper and deeper hole for himself. Again, if I was a possible Doe in this, I'd try to talk some sense into him.
Neil
Again - their argument is very, very weak in light of available evidence.... but said evidence would normally be tallied and introduced after the discovery phase - if I am not mistaken - and the MTD is trying to prevent that from happening by claiming that "information and belief" is an insufficient basis for keeping the complaint open.
If I were a possible Doe, I'd be doing ANYthing to minimize my damages. I'd be selling AP out faster than a starship flies at max warp
Frankly, AP and his cult really epitomizes the old saw about having been given eyes, but cannot see. It is very sad.
But, since AP doesn't seem to mind ignoring property laws, I think I'm gonna hire someone to make some modifications to his house
(Kidding Alec)
But, since AP doesn't seem to mind ignoring property laws, I think I'm gonna hire someone to make some modifications to his house
(Kidding Alec)
Loeb & Loeb attorney: Your Honor, we would like to introduce this as exhibit one.I understand Alec's attorneys have to defend him, but really, have they looked at anything Alec's said? Look at the Indiegogo page.
"Axanar is the first fully-professional, independent Star Trek film."
"...we are not licensed by CBS..."
"Axanar feels like Star Trek..."
Then there's the Vulcan scene.
Reading the response, I know they had to say something, but it was maddening going through it.
Referring to the Prelude as a "mockumentary" is a reach. There's nothing in the description of that video that would make anyone think it was a parody.
"Axanar is the independent production that proves a feature-quality Star Trek film can be made on a very modest budget -- approximately $80,000 in the case of the short film that you just watched -- and outside of the studio system. Filmed in Hollywood, this effort, our short proof-of-concept film to show what our professional and highly talented cast and crew can deliver, was made possible by generous donations to our first Kickstarter effort by fans like you. Prelude to Axanar is told in a retrospective documentary fashion, but the follow-up feature-length film that is currently in production will unfold as a traditional film that is told chronologically would. You are fans of Star Trek. We are fans of Star Trek. Together we can make amazing things happen!
This 21-minute short film, Prelude to Axanar, premiered Saturday, July 26th, 2014, at San Diego Comic Con, and features Richard Hatch, Tony Todd, Kate Vernon, JG Hertzler and Gary Graham -- Gary reprises his role of Soval from "Enterprise." The makeup and hair was designed by Academy Award winner Kevin Haney and Star Trek veteran Brad Look of Makeup Effects Lab in Hollywood. Top that off with the amazing visual effects of Tobias Richter of The Light Works, and sound by Academy Award winner Frank Serafine, and the result is Prelude to Axanar: something unlike anything you have ever seen before. We have our loyal donors to thank for this and we couldn't be more grateful!"
Alec is just digging a deeper and deeper hole for himself. Again, if I was a possible Doe in this, I'd try to talk some sense into him.
Neil
The CBS lawyer team only have to read this thread to gather most of the evidence Axanar's lawyers demand. Also, some poor intern might have to watch all of Trek to gather all instances of the things mentioned in their motion.
See Note 6 at the bottom of page 13 of the document, they got the definition from dictionary.reference.com. Should we presume it's an accepted source of definitions in the legal world?I just read that HR piece in a KTLA5 voice, and it then made better sense
Also, W&S don't seem to have the same interpretation of 'mockumentary' (as they describe Prelude) as most of us have.
I doubt that CBS legal team will allow that kind of nitpickery without a fight. What kind of precedent would it set if you had to thread the needle and point out detailed examples of every copyright violation and prove the EACH instance was not "fair use, parody, or transformative"?
Since they could claim the scenes are inspired by STIV and not literally lifted from the film (unlike the background shot in STC's "The White Iris"), that could be iffy.
A precedent that no IP owner wants.
I said it before and I'll say it again, the harder Axanar Productions fights this, the more likely it is that IP owners are going to decide fan works are more trouble than they're worth. It doesn't matter if 99% of fans are respectful if 1% costs you massive amounts of time and money to defend what's yours.
I'm going out on a limb here to say that CBS is really standing up for fan productions. They are doing their best to make this be about one particular production, and have resisted - so far - any attempts by that production to make this be about ALL fan films/productions. I think that CBS recognizes the value of fan projects, and doesn't want to place unreasonable demands on them. Axanar on the other hand, would rather see all fan projects burn than admit it went too far.
Considering Peters called Axanar, "...the first fully-professional, independent 'Star Trek' film," I wonder if now he cringes a little and a tear builds up in his eye when he reads his lawyers are calling it the "Potential Fan Film" in the response.
I also wonder if he swallows hard when he hears "Prelude to Axanar" called a mockumentary, since that implies it was parody, or an exaggeration of Trek largely for comic effect. I'd love to hear Peters say that was his intent. "It was all a joke, folks. Just poking fun at 'Star Trek'. That wasn't meant to be serious. That wasn't 'Star Trek'. It was a send-up of it." Yeah, right. I'll be hearing him say that at the same time I watch monkeys piloting flying pigs.
I also wonder if he swallows hard when he hears "Prelude to Axanar" called a mockumentary, since that implies it was parody, or an exaggeration of Trek largely for comic effect. I'd love to hear Peters say that was his intent. "It was all a joke, folks. Just poking fun at 'Star Trek'. That wasn't meant to be serious. That wasn't 'Star Trek'. It was a send-up of it." Yeah, right. I'll be hearing him say that at the same time I watch monkeys piloting flying pigs.
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