CBS/Paramount sues to stop Axanar

[Jam3s1701]

When a parent sees "Star Trek" on a label, they need to know that the content does not have excessive violence, sexual content, or foul language. Otherwise, why expose your kids to the content at all?

The behavior of professional film makers in this thread shows the wisdom of the American Academy of Pediatrics positions on child development. AAP clearly states that screen time limits should be imposed. The development of children is adversely impacted and harmed by content being actively advocated by a "handful" of the "professional film makers" in this discussion.

I do not object to filmmakers expressing themselves. I just object when content is improperly labelled and contains sexually graphic content which is then accessible to children. There should be no debate on this.

On the topic of CBS v. Axanar, the discussion above is relevant because the one or two people who were most vocal about shutting down fan films are in fact individuals who appear to be antagonistic to family friendly entertainment being the hallmark of the Star Trek property.

If this thread is being reviewed by CBS employees, management, or legal; I urge CBS to please hold to family friendly entertainment on All Access. Parents need to know that when the "Star Trek" trademark is on a product, the product is truly consistent with the Tiffany Network's standards.

Ok two things....

1 - I hope the new Captain is a flaming Homo ( I am gay BTW so hey i can word it like that)

and

2 - "family Friendly" WTF!!!! I am guessing your from America or somewhere else yeah!? Why because in the UK... being Gay or Trans not so much a big thing... or to about 90% of the population its not....

Oh and I can guarantee you that children born from 2000 on wards have ZERO issue with Gay or Trans people most things ive read and seen says kids now see and hear more at school than their parents let them see at home.

Star Trek can be what ever the hell CBS and Paramount want it to be and the narrow minded Idiots like you go do one, You are a example of what is wrong in this world Intolerance and Bigotry are hardly the example Star Trek sets is it..

Ok Rant over...... Sorry but having to hide who I was until the time was right if you get me makes me so angry at stuff like this I am Human you know... Just because I am gay why shouldnt I be able to love who I love..

 

[Maurice]

Frankly, while I'm not a parent I'm an uncle many times over, and I don't get why so many adults are in a rush to expose their kids to various media. Yes, you love it, but that doesn't mean you MUST share it with children for whom it's probably inappropriate.

 

[Jam3s1701]

Frankly, while I'm not a parent I'm an uncle many times over, and I don't get why so many adults are in a rush to expose their kids to various media. Yes, you love it, but hat doesn't mean you MUST share it with children for whom it's probably inappropriate.

If parents dont expose their kids to it the playground at school will, What most parents do not realise and this comes from experience is the school playground is by FAR worse than what you can expose your kids to at home.

My Niece knew certain things from "oh such and such was talking about it at lunchtime" that her parents would NEVER have told her.

 

[Maurice]

Just because kids are exposed to lots of stuff on the playground or through their friends doesn't mean parents should just rush to show them inappropriate material to head it off.

 

[jespah]

Thanks for that quick reply Janet.

I will be interested to see what happens next week after the May 9th conference. With discovery being listed as a short term process, but a possible trial date set next year, does that mean that after discovery has taken place, publicly released information will be reduced to a trickle?

Mark

Hi Mark!

I see @muCephi answered this well. Plus things can drag on if schedules go wonky or people have real-life issues (someone's child becomes ill, heaven forbid, that sort of thing).

Then again, there's also this:

Case (heh) in pernt: I handled a lot of depositions back in the day and many of them lasted maybe 2 hours, 3 or 4 on the outside if the matter was complicated or the injuries extensive (I handled insurance defense, specializing in construction claims and product liability). So! These would take a morning or an afternoon at the outside, you'd finish up, dictate your report, and it was all turned around in a day or so and then typed up, etc. This was the late 80s for the most part and not done by computer.

I recall a case - a standard trip and fall - plaintiff's attorney was a lovely gal named Audrey. This was a regular old crack in the sidewalk fall. I presented as a witness a guy to rep the city of Noo Yawk. This was a Monday. We were there until Friday, as Audrey picked apart the minutiae on blueprints. "Is that a property line?" "No, that's a mark from a fold in the paper, Counselor."

It should have been done, on the outside, in an hour and a half. It took more like 30 because Audrey was (a) billing by the hour (although most plaintiffs' attorneys do) and (b ) maybe didn't have anywhere else to go all week. Maybe she liked the coffee at the Queens Supreme Courthouse (located in beautiful Jamaica, where I saw a mugging once on my way to court).

I don't think anyone here will be that pokey and, frankly, obstructionist, but if they get caught in that fourth circle of Dantean hell in some other case, it can put a wrench into other plans. Getting caught up in something like that can create a domino effect in a lawyer's overall schedule, as you would expect, and something like that can really derail any discovery schedule.

 

[muCephi]

REVENUE ANALYSIS Amid reports from donors of unfulfilled perks from its Kickstarter and Indiegogo campaigns, AxaMonitor examines Axanar Productions' fulfillment efforts and spending — turning up clues about heretofore undisclosed additional revenue. Read more »

Is the implication that they may be selling perks which they had committed to donors and could ship to them? Perhaps none of the perks are the ones currently due to donors?

 

[muCephi]

I don't think anyone here will be that pokey and, frankly, obstructionist...

Maybe not, but CBS better bring a Trek expert to translate

Realistically, each side will probably try to frustrate all meaningful discovery questions, so perhaps the plan somehow has some allowance built in for this.

 

[carlosp]

Is the implication that they may be selling perks which they had committed to donors and could ship to them? Perhaps none of the perks are the ones currently due to donors?

I don't have enough information to make that claim. I take Axanar at its word that Kickstarter donors' patches are lying around ready to be shipped at Terry McIntosh's direction, which remains peculiarly ungiven.

The implication is that their Donor Store is raking in money, and those orders are moving out the door, without those proceeds being publicly reported. Instead, the expenses associated with the merchandise being shipped is being reported as if it were fulfilling Kickstarter rewards when it simply couldn't be once you look at their own data.

The further implication is that when questioned about how much revenue the Donor Store is generating, and how much Axanar is bringing in from its direct donation efforts, Alec Peters deflected the question.

 

[BoredShipCapt'n]

Nah, I'm talking about official Starbucking them in a new relaunch/reboot.

So that's what "Starbucking" is! If only Arlene Martel had lived to see the day...

 

[muCephi]

I take Axanar at its word that Kickstarter donors' patches are lying around ready to be shipped at Terry McIntosh's direction, which remains peculiarly ungiven.

It seems a bit odd with all the volunteer power they have that it never occurred to them to organize a few envelope stuffing/label sticking weekends. A nonprofit would probably think of this.

 

[urbandefault]

I don't have enough information to make that claim. I take Axanar at its word that Kickstarter donors' patches are lying around ready to be shipped at Terry McIntosh's direction, which remains peculiarly ungiven.

The implication is that their Donor Store is raking in money, and those orders are moving out the door, without those proceeds being publicly reported. Instead, the expenses associated with the merchandise being shipped is being reported as if it were fulfilling Kickstarter rewards when it simply couldn't be once you look at their own data.

The further implication is that when questioned about how much revenue the Donor Store is generating, and how much Axanar is bringing in from its direct donation efforts, Alec Peters deflected the question.

Wasn't it announced that they didn't have money to pay for postage on the perks? Seems like I read that somewhere (probably here).

If they're shipping "donor store" merch and not the "perks," that's just one more bullet in the C/P gun. It's a massive grift, in my opinion, and they're about to be caught red handed.

 

[BoredShipCapt'n]

Can a person be adjudged a flight risk in a civil case?

 

[SeerSGB]

Wasn't it announced that they didn't have money to pay for postage on the perks? Seems like I read that somewhere (probably here).

If they're shipping "donor store" merch and not the "perks," that's just one more bullet in the C/P gun. It's a massive grift, in my opinion, and they're about to be caught red handed.

That certainly seems to be a odd reason. Even if they didn't have the cash for 100% fulfillment, surely it would be better to send out a few at a time, whatever they could afford, over sending nothing at all.

 

[muCephi]

Wasn't it announced that they didn't have money to pay for postage on the perks? Seems like I read that somewhere (probably here).

If they're shipping "donor store" merch and not the "perks," that's just one more bullet in the C/P gun. It's a massive grift, in my opinion, and they're about to be caught red handed.

Here is a Terry explanation posted here last August: http://www.trekbbs.com/threads/star-trek-axanar.189130/page-143#post-11226624

basically, "don't double ship". If you have a partial order, don't send it yet. Soooo, if everyone waiting for a perk has an additional perk that can't be made yet, you sit on their mailing.

I have a recollection from somewhere about them saying they were short on postage too, but it might have been a third hand interpretation of the above.

Doesn't explain complaining donors.

And personally, if I had 10k patches to send and the donors were perceiving it as "way overdue" and I made hundreds and hundreds of thousands over my planned budget from those donors, I'd probably spend the buck each to send them their patches, or at least give them an easy-request button on the homepage.

 

[Albinator]

If parents dont expose their kids to it the playground at school will, What most parents do not realise and this comes from experience is the school playground is by FAR worse than what you can expose your kids to at home.

My Niece knew certain things from "oh such and such was talking about it at lunchtime" that her parents would NEVER have told her.

Worst reasoning ever. I don't mean to go off on a parenting tangent but this stuff is important to me: teach your kids about sexuality, violence and the world because they're important things to know, not because you're afraid he'll learn them elsewhere. Also teach them to trust you and love you enough that they'll talk to you openly about anything, so that when they hear something at school that confuses them, they will tell you, and you can talk to them about it. It also helps foster a positive environment so that if they're having a problem, whether it be with drugs, sex, peer pressure, bullies, or even the law, they will come to you and know they will be safe, rather than be afraid to talk to you.

I've never had these problems, and my son is now 14 and a great kid.

 

[muCephi]

hm. here's an interesting article:
https://meta.wikimedia.org/wiki/History_of_the_Klingon_Wikipedia

kinda takes the air out of one of the examples of "living language"

 

[carlosp]

Here is a Terry explanation posted here last August: http://www.trekbbs.com/threads/star-trek-axanar.189130/page-143#post-11226624

basically, "don't double ship". If you have a partial order, don't send it yet. Soooo, if everyone waiting for a perk has an additional perk that can't be made yet, you sit on their mailing.

I have a recollection from somewhere about them saying they were short on postage too, but it might have been a third hand interpretation of the above.

Doesn't explain complaining donors.

And personally, if I had 10k patches to send and the donors were perceiving it as "way overdue" and I made hundreds and hundreds of thousands over my planned budget from those donors, I'd probably spend the buck each to send them their patches, or at least give them an easy-request button on the homepage.

I think the patches are ready to go but waiting on some Ares Digital-related issue that depends on McIntosh.

 

[QuantumMechanic]

Ok, to get back on topic, a question about the law.

If somehow Axanar and Peters got a judgement that favoured them, and CBS/Paramount then put in the expected appeal, I assume that a new judge would have to be assigned? Is that correct?

If the losing side (whoever it is) appeals from the decision of the federal district court, the appeal goes to the United States Court of Appeals for the Ninth Circuit (often abbreviated CA9). There is no discretion in the matter -- the parties have a right of appeal and if they ask for one CA9 has to hear it.

So not only would it be a different judge (it would be a panel of three judges, actually), but it wouldn't even be in the same court.

If the losing side was dissatisfied with the appellate outcome before the CA9 panel they could petition CA9 to hear the review en banc. That is probably unlikely to be granted. Traditionally en banc review (when a court chooses to grant it -- they don't have to) is all the judges in the court rehearing and re-deciding the appeal from scratch. Because CA9 has so many judges, en banc in CA9 is a subset of the entire court (I think 13 judges? But I can't remember for sure).

Either after the en banc court issues a decision, or if no en banc review was asked for in the first place, a dissatisfied party can then petition the United States Supreme Court (SCOTUS) to grant certiorari and hear the case. Unlike appeals to the circuit courts, SCOTUS grants of certiorari are discretionary and SCOTUS rejects most of them.

 

[urbandefault]

United States Court of Appeals for the Ninth Circuit (often abbreviated CA9)

Also known here in flyover country as "The Ninth Circus."

 

[jespah]

Can a person be adjudged a flight risk in a civil case?

Doubtful, but the request for an injunction addresses some of that (or there could be a second injunction requested, e. g. to prevent them from closing bank accounts - efficacy and chance of being granted are not guaranteed).