CBS/Paramount sues to stop Axanar
- Thread starter Richard Baker
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Visual Effects Supervisor Tobias Richter from Prelude to Axanar took to Facebook on March 5, 2016 to criticize http://www.trekbbs.com especially the fan productions forum for being "unbearable". Tobias Richter ignored the criticisms are mostly about some if not all people at Star Trek Axanar are drawing salaries for working on an IP they don't own or have been hired by CBS or Paramount to work on.
This video also shows Tobias Richter made money from another fan film called Star Trek Titan. They finally agreed to pay Tobias Richter after he and some people spammed their Facebook and Youtube videos with comments demanding him be paid.
It is unknown if Tobias Richter gotten paid for working on other Star Trek fan films and this video has no proof of it.
This video also shows Tobias Richter made money from another fan film called Star Trek Titan. They finally agreed to pay Tobias Richter after he and some people spammed their Facebook and Youtube videos with comments demanding him be paid.
It is unknown if Tobias Richter gotten paid for working on other Star Trek fan films and this video has no proof of it.
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Not a lawyer (and feel no compunction admitting it, unlike Darth Peters) but as I read it, the Judge is setting the meeting date for May 9, and ordering lawyers from both sides to come up with a plan for how they will proceed during the discovery phase, to be submitted to him/the court no later than April 18 (three weeks before May 9.)
Again, not a lawyer and this is just my rudimentary understanding from a cursory read of the document. Happy to be corrected
Pretty much. The court says as follows:
- You have to agree on a plan on how you'll proceed with discovery. It's due on April 18.
- That plan must be filed in a joint statement to the court no later than a week after that, e. g. April 25. That statement must include "a brief factual summary of the case, including the claims being asserted."
- The May 9 conference is in person. Book your flights now; you can't do this by phone.
- Plaintiffs' counsel is responsible for telling all parties when the conference is taking place.
- Plaintiffs' counsel "is further directed to give notice of the scheduling conference immediately to each party that makes an initial appearance in the action after this date." That includes, potentially, the Doe defendants and/or just in case anyone else is named as a plaintiff (e. g. let's say defense is right and there really is some other entity with an ownership interest in the alleged infringed items).
- The parties also have to file ADR-01 and ADR-12. Those are due five days before the conference, e. g. May 4. ADR-01 is a request for Alternative Dispute Resolution (that's what ADR stands for), and ADR-12 is the order which would accompany said request.
- ADR PROCEDURE NO. 1: ( district judge or magistrate judge assigned to the case for such settlement proceedings as the judge may conduct or direct).
- ADR PROCEDURE NO. 2: This case is referred to the ADR Program. Within twenty-one (21) days, plaintiff shall obtain the consent of a neutral listed on the Court’s Mediation Panel who will conduct the mediation, and file form ADR-2, Stipulation Regarding Selection of Panel Mediator. If the parties have not selected and obtained the consent of a Panel Mediator within twenty-one (21) days, the ADR Program (213-894-2993) will assign one. Forms and a list of the Panel Mediators are available on the Court website, www.cacd.uscourts.gov. Absent extraordinary circumstances, parties cannot request a continuance within three (3) business days of a scheduled mediation.
- ADR PROCEDURE NO. 3 : (Private mediation).
It's both.
The conference is, yes, to schedule and hammer out discovery. The forms are in case the parties can agree to mediation. The advantages to mediation are: it's cheaper and faster. The disadvantages are: no jury trial, and it really doesn't set a precedent (a court could conceivably read and enter a mediation opinion - assuming there was one - and use it as a means of deciding some hypothetical future case. Or not. Either way, it's not going to carry the weight that a court opinion would, which in turn would carry less weight than an opinion rendered in an appeal).
Who does mediation favor? Probably more the defense rather than the plaintiffs, but the idea that there would be little to no precedent set might be attractive to C/P. As for which of the three is best, I suspect (don't know for certain) that neither party would want option #2. Option #1 seems to afford the possibility of getting a mediator with experience in these sorts of issues - but if the pool of mediators in option #2 are all experienced in a wide spectrum of cases, then that might not matter so much.
Again with the mixing dimensions of the topic. The fan film as a subject matter, sure, anyone can define. The fan film as wrt/ how its business is conducted, this of course he tries to elide by ambiguously mixing in the first dimension, and say that is the only dimension that matters.
Now Peters is comparing himself to Elon Musk and Axanar as akin to Kennedy and NASA's objective to put a man on the moon in ten years.
Yes, the versions you can buy at your favorite sf toy store.
I get the feeling what we will see in the fact pattern requested for the conference will be more detailed. Does it matter wrt the MTD? I get the feeling behind the scenes stuff is happening which isn't turning into court documents (probably true in most cases - this is nothing new). So there may be some form of an agreement to essentially drop the MTD in exchange for the two biggest issues, which are specificity wrt the claimed infringements and wrt ownership. Note: I do not know this for certain but that is how it looks from my barcalounger.
Is this conference just for the lawyers, or will AP or anyone from Axanar have to attend?
It should be just the lawyers, and it may even be junior folks, particularly if settlement or ADR are not in the cards. At least back when I was practicing, scheduling conferences (in NY; things may be different in CA) were a way for newly-minted lawyers to cut their teeth. It's hard to screw up scheduling, especially if you have a series of dates in front of you and have been prepped in advance as to where you can and cannot concede things.
I will blog about this, but the text will be pretty similar to what I've written here. The main difference will be the availability of the documents.
I will blog about this, but the text will be pretty similar to what I've written here. The main difference will be the availability of the documents.
What is the date for the actual hearing then?
I ask because I want CBS to piss off Peters by airing "Court Martial" "The Measure of a Man" and "The Drumhead" as they are all court room scenes in Star Trek
I ask because I want CBS to piss off Peters by airing "Court Martial" "The Measure of a Man" and "The Drumhead" as they are all court room scenes in Star Trek
Why would CBS air old Star Trek? They want viewership in the millions, not in the thousands.
Because they all show scenes in the Star Trek universe that show courtroom sessions - just to run it in to him
May 9. And I can't be on the podcast on the 14 (the following Sunday) because I'm, like, graduating.
Yeah, because they would like to lose millions of dollars of ad revenue in order to stick it to someone that 99.99% of the country have never heard of...
They aren't even going to start the NEW Star Trek on CBS, why on Earth--even to stick it to Peters--would they show OLD Star Trek. And I get it, it's a joke on your part, but, it's a pretty silly joke.
I guess some people really get off on Schadenfreude.
Greg, I've followed your conversation over at Tobias' facebook page.
Man, you gave your best, found all the right words, tried to explain it objectively to Tobias and others... but they simply don't want to listen. It's even come to Trek BBS name calling. And HERE is the dark place...?
I can tell you: If this is a dark place, I'm happy to be a part of it, because I'm not be Blinded By The Light (or lens flare). There will be some bad awakening for some people in a few weeks or months, coupled with a headache...
while others might be saying "We told you so!". Sooner or later...
Man, you gave your best, found all the right words, tried to explain it objectively to Tobias and others... but they simply don't want to listen. It's even come to Trek BBS name calling. And HERE is the dark place...?
I can tell you: If this is a dark place, I'm happy to be a part of it, because I'm not be Blinded By The Light (or lens flare). There will be some bad awakening for some people in a few weeks or months, coupled with a headache...
while others might be saying "We told you so!". Sooner or later...
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Calm
The
Heck
Down
Zoomie, you really need to see the humour in the original post
He saw, hence replied.
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