CBS/Paramount sues to stop Axanar

[jespah]

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


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.

Yes; I think plaintiffs will call these people. I think they are (mostly) the inner circle - there is a gent who runs Propworx whose name escapes me; he could potentially also be named. Some of these people could be Does. If they are, then the order of operations will likely go - impleader, then they answer or make their own motions, then eventually we get to depositions.

PS Sorry for the confusion. I'll go edit the post.

 

[Jedi_Master]

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

Boomer.

 

[Campe]

Boomer.

He has his own patch and everything.

 

[Sgt_G]

From the I Stand With Axanar, as reported on the CBS vs. Axanar page:

I have a question regarding those who feel animosity or rancor towards either Axanar or members of the production. -- blah blah blah -- why still be angry if you got you Kickstarter funds returned -- blah blah blah -- This isn't some passive-aggressive post or some back-handed attempt to portray Pro-Axanar as reasonable and Anti-Axanar as rabid.​

No, it wasn't passive-aggressive or such a back-handed attempt. It was both.

As to why still be angry? It's like when I bought a TV set and noticed the tape on the box didn't look right. I asked if they repackaged the demo model. They said "No, we're not allowed to do that." I got it home and opened the box and found four extra instruction manuals ... for two other brands of TVs. I kept the TV and got a 33% refund from the store. They did their best to make me happy. I also know for a fact they fired the sales droid who boxed it up and then lied to me. (Note: I wasn't asking for anyone to lose their job over this, but I suspect they had had it with this particular guy.) Still, how many people do you think heard that story from me over the next month or so after it happened?? Yes, they "made it right", but I was still ticked off that it ever happened.

 

[Csalem]

Yes; I think plaintiffs will call these people. I think they are (mostly) the inner circle - there is a gent who runs Propworx whose name escapes me; he could potentially also be named. Some of these people could be Does. If they are, then the order of operations will likely go - impleader, then they answer or make their own motions, then eventually we get to depositions.

PS Sorry for the confusion. I'll go edit the post.

Thanks for clarifying, and I really appreciate all you have done for us, making all this legal-lingo read like normal English.

On a side note, you mention Tobias Richter in the list of potential people to be called. AFAIK he lives in Germany. I persume the court cannot compel him to come to America as part of the trial if he is not an American citizen?

 

[Amaris]

Thanks for clarifying, and I really appreciate all you have done for us, making all this legal-lingo read like normal English.

On a side note, you mention Tobias Richter in the list of potential people to be called. AFAIK he lives in Germany. I persume the court cannot compel him to come to America as part of the trial if he is not an American citizen?

I imagine he would come if asked by the court, if only to keep his options open in the future regarding CBS/Paramount and the Star Trek franchise.

 

[jespah]

I imagine he would come if asked by the court, if only to keep his options open in the future regarding CBS/Paramount and the Star Trek franchise.

This ^.

It really depends on how far Mr. Richter wishes to go. I do not know the man - is he near retirement? He might just say screw it and not bother. It's a subpoena and not a warrant; I doubt it would flag him for TSA, for example, in case anyone was wondering that. This is obviously not a Roman Polanski situation.

But yeah, if he wanted to work for the biggies again, I think he would comply with a subpoena.

And it's my pleasure, @Csalem (I keep wanting to call you Toonces) - stuff to keep me sharp in between assignments.

 

[carlosp]

Thanks, Carlos

Btw, Terry clarified this morning he is the sole owner of Ares Digital.

 

[Tom]

This ^.

It really depends on how far Mr. Richter wishes to go. I do not know the man - is he near retirement? He might just say screw it and not bother. It's a subpoena and not a warrant; I doubt it would flag him for TSA, for example, in case anyone was wondering that. This is obviously not a Roman Polanski situation.

But yeah, if he wanted to work for the biggies again, I think he would comply with a subpoena.

And it's my pleasure, @Csalem (I keep wanting to call you Toonces) - stuff to keep me sharp in between assignments.

He is not near retirement. I hope he is NOT named a Doe. His contributions to the fan film community (specifically NV and STR) have been amazing. If you went purely by copyright infringement he has a good chance of being a Doe. However, if you look at his overall contributions to the fan film community they may not name him a Doe. Time will tell, but I sincerely hope he is not named.

 

[Tom]

Btw, Terry clarified this morning he is the sole owner of Ares Digital.

Yup he is, that's his baby. He could rebrand, it and sell it, if he likes. Since he created that on his own, the copyright case should have no bearing on it.

 

[drt]

He is not near retirement. I hope he is NOT named a Doe. His contributions to the fan film community (specifically NV and STR) have been amazing. If you went purely by copyright infringement he has a good chance of being a Doe. However, if you look at his overall contributions to the fan film community they may not name him a Doe. Time will tell, but I sincerely hope he is not named.

Unfortunately, I don't think C/P care about his contributions to the fan community. He used to do some officially sanctioned work as well, he's probably torpedoed doing any more of that. Although, if he sings like a canary in such fashion that it helps C/P's case...

 

[Tom]

Some at CBS do care and may hold back the trigger on him. The primary goal is to make an example of Alec. If CBS did not care, they would be sending C&D's to STNV and STC. They are not, and there is a reason for that.

 

[SeerSGB]

Yup he is, that's his baby. He could rebrand, it and sell it, if he likes. Since he created that on his own, the copyright case should have no bearing on it.

Wouldn't it technically be an asset, property, of Alec Peters / Axanar productions?

 

[ThankYouGeneR]

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 ............with Valkyrie Studios, irrespective of how much distance some are now seeking to put between themselves and Alec Peters on social media.

Yeah. And while I still believe getting from "making a 75 minute fan film I will pay for" to this has been a series of small steps and wrong choices by all players involved who while noticing advantages that they might have understood to be in gray areas that had been tested by others and moving on them, as many personalities have a marked propensity to do, never entertained the concept that they were duping me.... it has still ended up here. With them now backed into a corner, continuing to fight to survive this long line of errors and miscalculations for which they now face being called on. And doing so in ways that are entirely offensive and utterly indefensible to me.

So like you mention, I actually 'expect' that there to be familiar names - and indeed goals - fighting to survive this 20/20 hindsight fiasco in the guise of this mystery consortium.

 

[Noname Given]

Some at CBS do care and may hold back the trigger on him. The primary goal is to make an example of Alec. If CBS did not care, they would be sending C&D's to STNV and STC. They are not, and there is a reason for that.

One could be that they're waiting to see how this case is ultimately adjudicated.

I have a feeling any Trek fan film (old or new) group that announces a new KS or Indegogo campaign would probably now receive a communication saying: "We suggest you don't..."; but time will tell.

 

[ThankYouGeneR]

Btw, Terry clarified this morning he is the sole owner of Ares Digital.

Ah. Then in light of the rift now existing between him and the defendant....... got it. Thanks.

 

[Tom]

Wouldn't it technically be an asset, property, of Alec Peters / Axanar productions?

Not unless there was documentation to show that Alec purchased the system from Terry. Was Aries Digital listed on the financial report (I don't have it in front of me ATM) ?

 

[Red Shirt]

This ^.

It really depends on how far Mr. Richter wishes to go. I do not know the man - is he near retirement? He might just say screw it and not bother. It's a subpoena and not a warrant; I doubt it would flag him for TSA, for example, in case anyone was wondering that. This is obviously not a Roman Polanski situation.

But yeah, if he wanted to work for the biggies again, I think he would comply with a subpoena.

And it's my pleasure, @Csalem (I keep wanting to call you Toonces) - stuff to keep me sharp in between assignments.

I think it's really a shame so many people gave their time and expertise in good faith towards Axanar not knowing Alec Peters had ulterior motives of his own. Now folks are blacklisted, have to lawyer up, or at least keep a low profile for now. And donors are out a lot of money, which Peters is currently living off of while he rubs elbows with people at events and conventions getting the attention he craves.

In a way, it does make me angry Peters has caused so much turmoil within the Star Trek fan community and AP is blind to the devastation he's leaving in his wake. A self-absorbed dishonest drama tornado if you will.

 

[Karzak]

I don't think Peters is blind to it at all. I think he knows exactly what he's doing, but his extreme narcissism and general dumbfuck assholery prevent him from allowing himself to be a goddamn adult and own up to the havoc he's wrought. Because he has the demeanor and general psychology of a five-year old, if he can take down his enemies (STC) with him, so much the better as far as he is concerned.

It reminds me of a scene from Arrested Development:

[yt]

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Alec Peters is in denial; of this there can be absolutely no doubt but he is likewise absolutely aware of what damage he is causing. He won't let up on the fascist approach to banning his "haters" from the Axanar Fan Group because it will shatter whatever semblance he is able to maintain that he has any hope of victory in the court of public opinion. He'll shit all over the Abrams films as being "Not Star Trek" but will flip that right the fuck 180 degrees around to cash in on what was most likely a grievously uninformed Justin Lin making a single Tweet in defense of fandom, because its just one more feather in his cap as far as he's concerned. He won't shut up because he's afraid, but he also won't shut up because he thinks the rules don't apply to him and in his own private, insular world, he thinks he's right. He's a big fat bully fish in a tiny droplet of a pond, and in his mind he is the hero of his own story.

In short - Alec Peters knows exactly what he's doing. It's why those of us he has burned or rubbed the wrong way all these years are savoring the long overdue downfall of this petulant man-child.

 

[OtherGene]

Also, as unpleasant and unjust as it may be, he could do quite well out of all this if the Valkyrie Studios venture takes off. He's probably more than happy to keep riding the storm in the hope things pan out how he hopes.