CBS/Paramount sues to stop Axanar

[ThankYouGeneR]

So who legally owns Ares Digital's software?

I 'think' Mr. McIntosh has recently been emphatic that Ares Digital is all his idea, work, and expenses paid out. So, technically, him?

hmmm.... It would seem I'm incorrect on that.

(the following bolding is mine, as is insert for clarity on who was being referred to)

Regarding the future of Ares Digital, the proprietary crowdfunding fulfillment software [Mr. McIntosh] developed on Axanar's behalf to sell as a service to other crowdfunded projects future, McIntosh held out the possibility for it to become “a nice little profit center” that might also be provided as an open-source platform. “The latter surely would cause a few sphincters to tighten in that market segment,” he added

So this does answer who owns Ares Digital, right? It is the crowdfunded production company?

Therefore leaving it open for the producer to enlist another tech person to step to complete its current job? And continue developing it to sell as a crowdfunding service to other projects? To make it "a nice little profit center" for the defendant?

I'm pretty sure the streaming service ship has sailed, with them left ashore.

Yup. Me too.

Though with the defendant now seemingly clarified to be the owner of the software couldn't his future tech person or even a later person still find the foundation in place to pick up again on developing the streaming service? To continue the metaphor, might the ship just still be in dock waiting to be finished instead of it having sailed with the exit of Mr. McIntosh?

 

[Lynsioux]

Kevin posted this to the CBS group on Facebook. I agree with him.

For those here who have only come to know about Alec Peters because of Axanar and the lawsuit I will share a post that I made in another FB group back in February, 2015. This helps illustrate what it was like having to go about our hobby in circles that included Alec Peters before he became openly bat-shit crazy to the world at large:

"Alec Peters is akin to the painted portrait of Walburga Black that is permanently attached to the entry hall wall at 12 Grimmauld Place in the Harry Potter books.

The Star Trek screen-used costume and prop collecting world is rather small, much like the Order of the Phoenix in the books. Alec has strongly affixed himself right near the entrance of that community, much like Walburga did with her portrait before she died. Alec assigns people the role of traitor/fraud to those who publicly disagree with him or publicly embrace those who disagree with him - very much like the portrait of Walburga labels wizards as 'blood traitors' if they do not meet her peculiar standard of wizarding purity. Finally, Alec is most like the portrait of Walburga because if you don't pass quietly by the portrait that is permanently fixed at the entrance to the house it screams bloody murder until it calms from ranting and is put back to rest.

In the books nobody likes the portrait (except the most creepy of characters), many have tried to have it removed but failed, so all learn to just keep their mouths shut to avoid being the target of an un-justified and purely evil rant.

Sounds rather familiar to me."

 

[carlosp]

hmmm.... It would seem I'm incorrect on that.

(the following bolding is mine, as is insert for clarity on who was being referred to)
So this does answer who owns Ares Digital, right? It is the crowdfunded production company?

Therefore leaving it open for the producer to enlist another tech person to step to complete its current job? And continue developing it to sell as a crowdfunding service to other projects? To make it "a nice little profit center" for the defendant?



Though with the defendant now seemingly clarified to be the owner of the software couldn't his future tech person or even a later person still find the foundation in place to pick up again on developing the streaming service? To continue the metaphor, might the ship just still be in dock waiting to be finished instead of it having sailed with the exit of Mr. McIntosh?

I'm not sure Terry's quote makes clear who retains ownership of the Ares Digital software. His possible release of the software as an open-source solution makes me think he may be the one who still holds the strings, particularly since it was all his work and he paid for any related development costs, as far as I can tell; so the ownership of the software remains a murky subject.

Also, Ares Digital is purely a platform for fulfilling perks on behalf of crowdfunding campaigns. It has nothing to do with the kind of platform that would be required to operate a streaming video service. That would require far more resources and infrastructure than Axanar has raised to date; it was something the principals hoped they would be able to leverage investment for based on the expected success of Axanar, the film, and Ares, the studio/warehouse/Valkyrie.

 

[Sgt_G]

"Insufficient facts always invite danger." -- Spock, Star Trek: Space Seed
"Evil does seek to maintain power by suppressing the truth." -- Spock, Star Trek: And the Children Shall Lead

 

[carlosp]

MOST POPULAR articles this past month on AxaMonitor? Here are the Top 10 in April-May 2016:

10. Axanar Timeline
9. Endgame
8. Motions to Dismiss
7. Federation Falling? (cross-posted on TrekMovie.com)
6. Gerrold Repudiates Axanar Slur
5. What's Up With the Perks?
4. Investor Group Plans to Buy 'Ares Studio' Assets
3. Trial Schedule
2. The Does
1. Axanar, Crowdfunding Behind New CBS Moves Against Fan Films, Says 'Horizon' Creator
​

Since AxaMonitor launched in February, we've had 11,196 visitors come 20,014 times, reading 34,649 pages.

Biggest day this month: Sunday, April 24, the day we wrote about how CBS made its move to shut down the sequel to Star Trek–Horizon amid continuing concerns about crowdfunding and fallout from Axanar's activities..

Biggest day ever: Tuesday, February 23, the day we reported that departed Axanar actor Tony Todd said something “wasn't right” with Axanar, and he hinted he might have a role on the new Star Trek series.

N.B. TrekBBS was the No. 1 referring website to AxaMonitor, so thanks, everyone!

 

[Lynsioux]

Perhaps he finally lawyered up and they (wisely) advised him to stay quiet?

On Facebook he is posting assorted things regularly, but nothing about Axanar.

 

[carlosp]

On Facebook he is posting assorted things regularly, but nothing about Axanar.

Rob Burnett has tweeted several times he no longer considers himself director of Axanar since the movie doesn't exist. Not sure that constitutes a resignation or just an observation; he won't say.

 

[ThankYouGeneR]

I'm not sure Terry's quote makes clear who retains ownership of the Ares Digital software. His possible release of the software as an open-source solution makes me think he may be the one who still holds the strings, particularly since it was all his work and he paid for any related development costs, as far as I can tell; so the ownership of the software remains a murky subject.

Also, Ares Digital is purely a platform for fulfilling perks on behalf of crowdfunding campaigns. It has nothing to do with the kind of platform that would be required to operate a streaming video service. That would require far more resources and infrastructure than Axanar has raised to date; it was something the principals hoped they would be able to leverage investment for based on the expected success of Axanar, the film, and Ares, the studio/warehouse/Valkyrie.

Thanks, Carlos

 

[Campe]

Rob Burnett has tweeted several times he no longer considers himself director of Axanar since the movie doesn't exist. Not sure that constitutes a resignation or just an observation; he won't say.

Let's assume for a second Burnett has left. Other than Peters, Kingsbury, Bawden and their stage manager, who does that leave?

 

[OtherGene]

Let's assume for a second Burnett has left. Other than Peters, Kingsbury, Bawden and their stage manager, who does that leave?

Don't forget the International PR Guy who's name I don't recall. Um. The man who laid the carpet? The cat?

Based solely on how things have played out thus far I wouldn't be surprised to see some familiar names form part of this mystery consortium that is now in a position to really capitalise on Star Trek fans generosity with Valkyrie Studios, irrespective of how much distance some are now seeking to put between themselves and Alec Peters on social media.

 

[RedForman]

As far as Ares Digital goes, it might have some relevance with respect to discovery and so forth (it was one of the avenues if not the avenue for Lord Alec to make ill-gotten gains separate from the film), but right now and going forward? It looks pretty irrelevant to me. The issues with delivery of perks, plus the lack of any new ones being added (or news thereof) make this pretty clear.

Someone on the C/P v Axanar Facebook group posted an exchange between Axanar and someone from ST Continues. Whoever it was from Continues made the point that the more money you dump into physical perks, fulfillment/delivery and so forth, the less you have to devote to the actual production.

With Axanar all but dead, there's now little to no justification to continue 'hyping' perks and thus, that kills Ares Digital right there. With the rebranding of the studio & such, I doubt this will play into Bawden & the investors plans in the short term.

*(whether or not its open source, anyone who steps into Terry's shoes is putting a target on their own back)

 

[jespah]

If Ares Digital is or becomes a profit center in its own right, then the question is how much of that development can be traced to the infringement. It may have taken a few detours in the meantime; that's likely to be a jury question.

 

[RedForman]

If Ares Digital is or becomes a profit center in its own right, then the question is how much of that development can be traced to the infringement. It may have taken a few detours in the meantime; that's likely to be a jury question.

That'd be a good question to ask Terry in the CBS group.............if it was developed for Axanar alone, then looking at the merchandise/perks available, the conclusion seems cut and dried. I'd bet real money though he'd say otherwise (if it had achieved some measure of success, then I could see this being marketed in the same way the studio space now is)

 

[HIjol]

So Many Names
So Many Lies
So Many Deflections
So Much Deceit
So Much Un-Fulfillment
So Much Targ-Excrement
So Many Words
So Many People
So Many Infringements (Alleged)
Too Much Green (Screen)
Too Much Red (Anger)
Too Much Blue (Fan-Sadness)
How Much More Malignment?
How Much More Denial?
How Much More Insanity (Clinical)
Where is my Premium?
Where is my Movie?
Where is my Coffee?
All These Questions
All These Issues
All These "Pendings"

Axanar...

 

[Karzak]

Prelude to Discovery?

That's the title of the documentary all about the Axanar court case.

 

[dmac]

That's the title of the documentary all about the Axanar court case.

Prelude is also a Temp name to a project I've worked on, it was probably my bad that it came out sounding a bit close to what the nameless person did. But was thinking more along the lines of a pilot project to start with.

 

[jespah]

Fresh out of the blogging oven, and it even smells like pie!

An analysis of Judge Klausner's ruling on the MtD and the LCS amicus:
http://www.gandtshow.com/judge-klausner-rules-second-defense-motion-dismiss-lcs-amicus-brief/

As always, I thank you for your kind support.

 

[Csalem]

Fresh out of the blogging oven, and it even smells like pie!

An analysis of Judge Klausner's ruling on the MtD and the LCS amicus:
http://www.gandtshow.com/judge-klausner-rules-second-defense-motion-dismiss-lcs-amicus-brief/

As always, I thank you for your kind support.

Thanks for that breakdown. One quck question in this section you have said:

I believe the defense would potentially subpoena:

• Defendant Peters
• Robert Meyer Burnett (line editor for Prelude and listed as the director for the feature-length film – could potentially speak to the creation of the feature-length work)
• Christian Gossett (director of Prelude – could speak to the creation of the extant work)
• Diana Kingsbury (in charge of fulfillment at Axanar and could speak to the items in the donor store)
• Terry McIntosh (in charge of – I believe – programming behind the donor store, and could speak to whether funds are kept separate from the Propworx commercial enterprise)
• Tobias Richter (special effects – could speak to the alleged copying of the USS Enterprise and other backgrounds)

Should that be plaintiff or defense? I assume former as I caanot imagine Peters calling these to support him.

Not trying to nitpick here. Just a bit confused by all the legal happenings, which your blog beautifully explains though this one stuck out.

 

[RedForman]

Would these 6 then constitute the 'inner circle' mentioned?? Can't imagine there would be too many more high-level 'Doe' candidates.......(in this context and taking into consideration what's been said already about who potential Does could/might be, 20 seems abnormally large)

I believe the defense would potentially subpoena:

• Defendant Peters
• Robert Meyer Burnett (line editor for Prelude and listed as the director for the feature-length film – could potentially speak to the creation of the feature-length work)
• Christian Gossett (director of Prelude – could speak to the creation of the extant work)
• Diana Kingsbury (in charge of fulfillment at Axanar and could speak to the items in the donor store)
• Terry McIntosh (in charge of – I believe – programming behind the donor store, and could speak to whether funds are kept separate from the Propworx commercial enterprise)
• Tobias Richter (special effects – could speak to the alleged copying of the USS Enterprise and other backgrounds)

 

[Tom]

Having heard Alec's side of the story, it is easy to assume he is being true and factual, and you were indeed wise to stipulate that, because it is the same damn thing he always does. Long story short, Alec is a liar. The props are screenused. The person involved is a very respectable prop collector who many of us have bought from and sold to with no problems. Alec made up bullsit and carried on in public besmirching the name of a decent man, Kevin Hansen. As a matter of fact, he is currently the owner of the Trek Prop Zone, where Alec has been persona non grata for a long time. Alec has also attacked a well-known Star Trek prop maker who had sold them to Kevin in the first place. There is backstory involving various others. Just trust me on this or I will have to return with umpteen posts from other places. Not that I have any doubts about 1,000 pages.

Alec is in no way a victim here. In fact, he is the liar and libeler (or slanderer, whatever, I never remember the difference).

Ha, I'm the co-creator of Trek Prop Zone, when my friend Roger (RIP) first started it, helped him and Mark build the site. Kevin is great guy. We had him on set at STR in 2013, ironically it was a day after Alec was on set. It they came the same day it might have been a battle royale Always a lot of heated battles in the prop community I noticed.