CBS/Paramount sues to stop Axanar

[muCephi]

As far as that game goes, since it's not up on the donor store or otherwise linked more directly with Axanar itself (more like an unaffiliated/distant merchandising tie-in) , would that be a case that would have to be pursued separately, or could L&L just say 'to hell with it' and lump it in anyways?

A game about Axanar? All sorts of new possibilities are opening up...

 

[HIjol]

While the Judge might chuck us out if we turned up dressed like Star trek characters, can we play a blinder and attend the trial hearings dressed as Alec Peters?

Worked for Thomas Crown! (Great scene, worth watching!)

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[OtherGene]

It does look from outside like "Ares Digital" is actually an add-on offered by an IT person as their personal project, and that the IT person does not necessarily want to do every possible labor associated with operating the studio, such as cleaning up any problem with the labels.

I do not know this is the case, but if it is, then a *competent* non-profit manager would know this situation innately. Volunteers who provide services may not want to do everything, and may promise to do so but not come through for whatever reason. Its not the same as an employment relationship. If something needs to get done, you don't leave it for an unreasonable time with someone who has offered but not stepped up with a solution. You monitor and respectfully make changes as required.

This seems like another example of Axanar trying to get away without buckling down and doing the work to get the results. Waiting nine months then blaming it on a volunteer and saying "I will just have to step in and spend money" is transparent, all right.

I must admit to feeling a sense of admiration for Alec Peters whenever I read these 'pieces-to-camera' not only for the sheer audacity of, in this instance, admitting they've not done an ounce of what is actually quite a simple task to complete but also that he knows as he's typing it that his adoring supporters will lap this up, and that really comes through in the reading of it.

But then, I often find myself admiring the audacity of the Mafia in modern history too so...

 

[HIjol]

A game about Axanar? All sorts of new possibilities are opening up...

*Just a Prototype, but I am thinking this game has Houses, Hotels, AND Warehouses!
*The requisite name changes for Properties, of course (could probably be its own Thread!!!)
*Certainly, we could do something with the "Get Out of Jail, Free" card...
*Instead of "Free Parking", how about "The Donation Store"?
*"Chance" and "Community Chest" cards just kinda write themselves, don't they?

 

[OtherGene]

I actually don't think the game is set up to provide enough money for it to represent Axanar, though. 'Take A Trip To Axa-Con, If You Pass Go Collect $38,000'

 

[OtherGene]

'Indie-gogo error in your favour, collect $1.3 million dollars'

 

[OtherGene]

'It is your birthday, collect $5000 from Robert Meyer Burnett'.

 

[OtherGene]

'You Have Won Second Prize In A Beauty Contest But As You Kick Off And Accuse The Judges Of Being Haters With Vendettas They Let You Have The Award. You Pose For A Selfie With The Judges'

 

[HIjol]

See!? The mind actually boggles at the Possibilities.

"Electric Company" ...just saying makes me laugh! Upgrades!

 

[jamestyler]

"You're a donor; receive nothing and skip a move or complain and be ejected from the game."

 

[Indysolo]

"Shoot, I just landed on 'Star Trek'. Who owns that?"

Neil

 

[Sgt_G]

"First, Ken Burnside of Ad Astra Games has got his Squadron Strike: Axanar game spooling up!"

I know Ken. He's been in the gaming industry for quite a while now. I know he knows about licensing and such because he ported his game to a couple other universes. That announcement was from a year ago. I would be very surprise if he didn't quietly walk away from this project when the *bleep* hit the fan.

 

[Jody Wheeler]

This just in. Axanar lost on every item in their Motion to Dismiss.

""When viewed in a vacuum, each of these elements may not individually be protectable by copyright. Plaintiffs, however, do not seek to enforce their copyright in each of these elements individually. Rather, Plaintiffs’ copyright infringement claims are based on the Star Trek Copyrighted Works as a whole. … The Court finds it unnecessary to analyze whether the allegedly non-protectable elements of the Star Trek Copyrighted Works are eligible for copyright protection because Plaintiff describes these elements in the Complaint solely in an effort to demonstrate how the Axanar Works are substantially similar to the Star Trek Copyrighted Works. (p. 5)"

Paramount v Axanar 2-15-cv-09938 CD CA 2016-05-10 43 Court Order denying motion to dismiss.pdf

 

[Jody Wheeler]

Best line?

"Although the Court declines to address whether Plaintiffs’ Claims will prosper at this time, the Court does find Plaintiffs’ claims will live long enough to survive Defendants’ Motion to Dismiss. For the foregoing reasons, the Court DENIES Defendants’ Motion to Dismiss."

 

[BoredShipCapt'n]

Best line?

"Although the Court declines to address whether Plaintiffs’ Claims will prosper at this time, the Court does find Plaintiffs’ claims will live long enough to survive Defendants’ Motion to Dismiss. For the foregoing reasons, the Court DENIES Defendants’ Motion to Dismiss."

They drew the funny judge.

 

[Jody Wheeler]

Klingon Language Society Amicus was also denied

"On April 27, 2016, Language Creation Society (“Amicus”) submitted an Application for Leave to File Brief as Amicus Curiae. Amicus argues in support of Defendants’ Motion to Dismiss that the Klingon language should not be entitled to copyright protection. In analyzing and ruling on Defendants’ Motion to Dismiss, the Court does not reach the issue of whether languages, and specifically the Klingon language, are copyrightable. Therefore, none of the information provided by Amicus is necessary to dispose of the Motion to Dismiss.

Accordingly, the Court DENIES Language Creation Society’s Application without prejudice."

Paramount v Axanar 2-15-cv-09938 CD CA 2016-05-10 42 Court Order denying LCS motion for leave to file amicus without prejudice.pdf

 

[steam235]

Now they have to actually answer the complaint, correct? Which is what they've been putting off since January? It's what was due in January before they got their lawyer at the last minute?

 

[steam235]

Best line?

"Although the Court declines to address whether Plaintiffs’ Claims will prosper at this time, the Court does find Plaintiffs’ claims will live long enough to survive Defendants’ Motion to Dismiss. For the foregoing reasons, the Court DENIES Defendants’ Motion to Dismiss."

Ha took me a second to get the live long and prosper reference.

 

[RedForman]

This just in. Axanar lost on every item in their Motion to Dismiss.

""When viewed in a vacuum, each of these elements may not individually be protectable by copyright. Plaintiffs, however, do not seek to enforce their copyright in each of these elements individually. Rather, Plaintiffs’ copyright infringement claims are based on the Star Trek Copyrighted Works as a whole. … The Court finds it unnecessary to analyze whether the allegedly non-protectable elements of the Star Trek Copyrighted Works are eligible for copyright protection because Plaintiff describes these elements in the Complaint solely in an effort to demonstrate how the Axanar Works are substantially similar to the Star Trek Copyrighted Works. (p. 5)"

Paramount v Axanar 2-15-cv-09938 CD CA 2016-05-10 43 Court Order denying motion to dismiss.pdf

Nice! Didn't know that 'Soval' was in TMP though............(see under 'Plantiffs Provide Sufficient Notice)

 

[Indysolo]

Best line?

"Although the Court declines to address whether Plaintiffs’ Claims will prosper at this time, the Court does find Plaintiffs’ claims will live long enough to survive Defendants’ Motion to Dismiss. For the foregoing reasons, the Court DENIES Defendants’ Motion to Dismiss."

"That made me smile."