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CBS/Paramount sues to stop Axanar

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Squiggy said:
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On the flip side, when I plug my iPhone into a wall outlet in the Hart Building, it doesn't shut down the entire electrical grid for the entire damn neighborhood.
 
Ryan Thomas Riddle said:
Axanar was following me on Twitter and after I posted 1701news' interview with Peters, they dropped me. LOL.
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As I noted, Axanar may consider their donor community discussions to be PR business assets owned by Axanar Productions, rather than community discussions in common understanding owned by the community and hosted by Axanar Productions.

Using this reasoning, the next step is assertion of an absolute right to control every word in the discussions, since "there is no right of free speech in a business context".

Since they seem to want to play this card, it should be noted to their community. "Axanar apparently considers the discussion forums on Twitter and Facebook to be corporate private property, and with this justification, respects no generally recognized public standards of free speech at all for any participant. The presence or absence of any thought or question is totally subject to the *PR* goals of the Axanar management, not any sort of *civil discussion even handed moderation* goal which a participant might be expecting. Proceed informed of your lack of rights."
 
Karzak said:
On the flip side, when I plug my iPhone into a wall outlet in the Hart Building, it doesn't shut down the entire electrical grid for the entire damn neighborhood.
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Seems you don't really have the entrepreneurial spirit then. Big corporations are ruining everything, you know. ;)
 
mkstewartesq said:
The Copyright Act measure of damages is “plaintiff’s profits attributable to the infringement plus damages actually suffered by defendant.” (More on that second part later) Even though it’s clear that most donations and costs of goods (coffee) sold (“revenue”) are attributable to the infringement (everyone donated because of the ST connection, probably the same for the coffee), the “revenue” is not the same as the “profits attributable to the infringement”. The law specifically permits the defendant to deduct from revenue expenses of production/cost of goods (and other GAAP amounts), along with any revenue amounts that are attributable to factors other than the infringing goods themselves. (17 USC Sec. 504(b) - “In establishing the infringer's profits, the copyright owner is required to present proof only of the infringer's gross revenue, and the infringer is required to prove his or her deductible expenses and ... profit attributable to factors other than the copyrighted work.”

So while we may “see” revenue (donations) of $1.5 million, C/P is probably not entitled to recover $1.5 million. They are basically entitled to recover whatever is left over after Axanar makes all deductions from revenue permitted by law (such as money spend on production to date, costs of the coffee and packaging, creation of models, and other allocable expenses.)

M
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Would rent and utilities be deductible expenses? Because their rental costs are very high and being run up due to delays caused by the lawsuit. I mean, if this goes on for months and months, there goes a hundred grand or more in rent - so they can say "Sorry C/P, we're deducting rent - thanks for the nice digs!"
 
muCephi said:
As I noted, Axanar may consider their donor community discussions to be PR business assets owned by Axanar Productions, rather than community discussions in common understanding owned by the community and hosted by Axanar Productions.

Using this reasoning, the next step is assertion of an absolute right to control every word in the discussions, since "there is no right of free speech in a business context".

Since they seem to want to play this card, it should be noted to their community. "Axanar apparently considers the discussion forums on Twitter and Facebook to be corporate private property, and with this justification, respects no generally recognized public standards of free speech at all for any participant. The presence or absence of any thought or question is totally subject to the *PR* goals of the Axanar management, not any sort of *civil discussion even handed moderation* goal which a participant might be expecting. Proceed informed of your lack of rights."
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That's a terrifying though.:ack:
 
Admiral Cain said:
Would rent and utilities be deductible expenses? Because their rental costs are very high and being run up due to delays caused by the lawsuit. I mean, if this goes on for months and months, there goes a hundred grand or more in rent - so they can say "Sorry C/P, we're deducting rent - thanks for the nice digs!"
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I would assume they could deduct rent and utilities. For our home office, from which we conduct business, create content, we right off a portion of our rent and utilities. So. I'd expect they can do the same thing.

Of course, when, we a Kickstarter for our short film, I believe we counted the money raised as income... so... the IRS will probably be very interested...
 
Professor Zoom said:
I would assume they could deduct rent and utilities. For our home office, from which we conduct business, create content, we right off a portion of our rent and utilities. So. I'd expect they can do the same thing.

Of course, when, we a Kickstarter for our short film, I believe we counted the money raised as income... so... the IRS will probably be very interested...
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I should clarify - could they deduct rent and utility expenses they incurred during the lawsuit? Expenses they ran up only because production was delayed by the legal process.
 
Admiral Cain said:
I should clarify - could they deduct rent and utility expenses they incurred during the lawsuit? Expenses they ran up only because production was delayed by the legal process.
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if someone steals your wallet and then pays a storage facility 100/month to hide it while you pursue a case against the theft, can the thief with court permission take that 100/month out of the wallet when the court requires them to return it to you? I should hope not.
 
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mkstewartesq said:
“Actual damages” - I don’t see any other “actual damages” C/P has suffered - they are pissed at Axnar, but haven’t been hurt by Axanar, other than the cost of attorneys. So I think this adds “zero” to money that would give leverage to force Axanar to give money back to donors.
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could C/P argue that a fraudulent effort to raise money in the name of Trek's brand (one in which the goal is IP theft, or never delivering, either way) is an "actual damage" to the value of the brand? Perhaps they do need to expand their filing to include trademark.
 
Guys.

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From the Wonder Con schedule:

The Legacy and Future of Battlestar Galactica

Richard Hatch (Captain Apollo, Tom Zarek, Kharn, Axanar) hosts a panel and fan discussion on the legacy and creative direction any forthcomingBattlestar Galacticamovie or series should take. Panelists include producer Alec Peters (Propworx,Axanar), Dr. Kevin Grazier (science consultant, Battlestar, Eureka, and Falling Skies), and Rob Burnett (Free Enterprise). The panel also includes surprise guests,Battlestar Galactica videos, comic reels, and a Q&A.

Friday March 25, 2016 12:00pm - 1:00pm

Room 408AB
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LINK

"Producer" :lol:

I can see it already. "Excuse me, Mr. Peters ... I have a question. What's your position on doxxing?"
 
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