CBS/Paramount sues to stop Axanar

Discussion in 'Fan Productions' started by Richard Baker, Dec 30, 2015.

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  1. CaptGrumpy

    CaptGrumpy Captain Captain

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    And why, oh why, would any fan-film maker follow Alec's lead? Most of them have just crawled out from under the various busses they'd been thrown under :rolleyes:
     
  2. Warped9

    Warped9 Admiral Admiral

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    AP: "Follow me in proposing guidelines that would prevent anyone from doing all the things I did."

    :lol:
     
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  3. Tom

    Tom Vice Admiral Admiral

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    This

    From what I have heard, the biggest productions, STNV, STC & STR are not on board with Alec. He may of had a couple smaller ones join him, but who knows. Alec wants to be the savior of fan films now. Fuck that, he damaged things more than he has ever helped anything.

    If CBS wants to put out guidelines they will make their own decisions of what rules will be in there. They dam well are not going to take any input from Alec.
     
    Last edited: May 28, 2016
  4. S'kai

    S'kai Captain Captain

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    I did not state these were facts. I stated that this is the way I understood the article, and that it came from undocumented sources. If I misunderstood something, please clarify.
     
  5. dmac

    dmac Fleet Captain Fleet Captain

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    Who is suppose to pay to monitor, audit and enforce the Wizard Glicks wonderful scheme?
     
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  6. Tom

    Tom Vice Admiral Admiral

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    The irony is that if Alec had these guidelines he proposed put in place he is fucking himself, because he does not have much money left to make the Axanar film he wanted to.
     
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  7. mkstewartesq

    mkstewartesq Lieutenant Commander Red Shirt

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    Weeeeellllll, what you expressed was surprise that no one had considered the statements that you were going to cite as significant . .

    And then you went on to state that “as you understand it”, all of the following were the case, all of which are all phrased as statements of what CBS is doing or will or will not do, using definitive language:

    (Emphasis added)

    So I was just – per your request – correcting your misunderstanding as you stated it. We have no facts (yet) to back up any of your understandings that “CBS is continuing the lawsuit”, “CBS will not be participating in” anything, or of what “CBS wants.” The fact that we don’t have anything to support those definitive statements likely accounts for the fact that “ no one has picked up on” these things as you stated them, which you found surprising.

    No worries, and did not mean to offend. :)

    M
     
  8. KennyB

    KennyB Rear Admiral Premium Member

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    I don't even think he wants to at this point.......as long as he has some cash and his warehouse left he will be happy...........
     
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  9. 137th Gebirg

    137th Gebirg Vice Admiral Premium Member

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    Or even if he does want to, would all the others involved still want to be associated with him? Actors, production people, etc. Would they still want to be known for being a part of this after the stigma has been indelibly marked, regardless of the outcome?

    Such a waste...
     
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  10. Jedi_Master

    Jedi_Master Admiral Admiral

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    Hey Tom... according to the linked blog, Alec reached out to and got a response from an "unnamed representative" at Renegades. Can you or anyone else on the production team confirm/deny this?

    http://hubcapdave.blogspot.com/2016/05/forging-fan-film-guidelines.html
     
  11. Serveaux

    Serveaux The Wind Premium Member

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    I'm going to bet that no fan group that's released significant content in the last several years is being particularly responsive to Mein Producer.
     
  12. Pindar

    Pindar Rear Admiral Rear Admiral

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    Perfect resolution for him as he has spent the money. Now he wants to fix it so he can't deliver because of the new guidelines then he his free to enjoy his shiny new (free) studio.
     
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  13. Tom

    Tom Vice Admiral Admiral

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    My personal feeling is that CBS will determine what rules (if any) they want to impose and it won't be based on anything that comes from Alec or a few fan films. If my neighbor said he was going to come up with rules so we can play in his yard, my friends and I are not going to dictate what rules we want to him to impose. He will impose his own rules.
     
    Last edited: May 28, 2016
  14. Jedi_Master

    Jedi_Master Admiral Admiral

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    @jespah Reading through your blog post. I have a few responses, but limited time this weekend.

    My primary response is that the various public flailings and comments of AP and Co. were in fact foreshadowing their defense strategy.
    My secondary response is that they are delusional if they think their Answer will survive the rigors of discovery - however, I suspect they will be deposing the unnamed (well unnamed until Alec identified them in conversation with the blogger I linked to above) CBS executives in an attempt to portray their friendly conversation with Alec in August (?) of 2015 as a implied waiver, or some other definition that fits one or more of their affirmative defenses.

    I still have to read your analysis of the counter claim, but first I need to process this barrel of perforated salmon. ;)
     
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  15. jespah

    jespah Rear Admiral Moderator

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    First off, thank you for reading!

    Yeah, it does feel like they tipped their hand in public - and discovery is going to wipe out a lot of their defenses, and a response to the counterclaim will probably knock most of it out as well. The judge can also, on his own initiative, strike a lot of the counterclaim if he feels portions are irrelevant (good-bye late nights with Mom in front of the TV). They might have the bare bones of an equitable estoppel argument. That would depend upon the meeting(s) AP had with CBS, etc. Hence discovery and depositions, of course.
     
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  16. Jedi_Master

    Jedi_Master Admiral Admiral

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    I fill out about 25 or so real estate estoppel statements a year. Each has an attached document that states in legalese "Hey guys, this is the best knowledge I have, but if something comes up, this estoppel won't restrict our rights to get more money."
    Even if the CBS team made unwise statements it does not mean they concealed needed facts or made false representation if nothing was in writing. I cannot assert my Associations rights without a written document and that has to be signed by a Director, AND include the above referenced disclaimer.
    Basically, it seems that they are pinning a whole awful lot on Alec's recollection of a single conversation. I don't consider that wise.
     
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  17. CaptGrumpy

    CaptGrumpy Captain Captain

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    A question comes to mind If Paramount wants to put out guidelines and CBS doesn't, how will that work? Since so many elements of the movies and TV series are comingled, how can you make a fan film that isn't infringing on CBS' rights?
     
  18. jamestyler

    jamestyler Commodore Commodore

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    "I remember that meeting and I have a photographic memory.

    [​IMG]

    ....And then I said to the President...."
     
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  19. Tom

    Tom Vice Admiral Admiral

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    I think most of it is CBS, unless there is a fan production that dips into JJ's alt trek universe. Even though Paramount has the rights to the films, I think its only the rights to films made after the 2006 CBS/Viacom are what they are concerned about. Star Trek Films 1 to 10, fall under the CBS home video library and their copyrights would be enforced by CBS. Paramount would enforce films 11 - 13. (I could be wrong mind you since I have not seen the actual contract)
     
    Last edited: May 27, 2016
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  20. dmac

    dmac Fleet Captain Fleet Captain

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    What's that, the sitting cha cha cha?
     
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