CBS/Paramount sues to stop Axanar

[Amaris]

I swear, few people know anything about copyright and trademark on that fan page. When I posted my statement (about it being CBS' property), I keep getting responses of "no, other fan films aren't getting sued, so CBS can't sue Axanar," or "Axanar isn't making money so it can't be against copyright law." They're believing everything Alec Peters has said as if it's gospel.

These people are going to get a really cold shower and soon, and I'd rather they not.

 

[mos6507]

Who is Laex peters?

Sounds like a laxative.

Laxanar?

Lwaxanar?

I knew this would lead back to Majel! Why doesn't she weigh in? After all, she owns the Trek IP, right?

 

[Zaminhon]

I've been a non-vocal critic of this production. The reason I didn't support it was that I felt that the fan tribute element and respect for the original material was missing from day one. It felt like they were in it primarily as a business venture. To me, Prelude looked and felt like a BSG outtake and had little resemblance to my idea of Trek. I also wasn't interested in a war-centered story. As time went on, I thought their website was smoke and mirrors; it was devoted to almost everything else except the actual production.

What pisses me off is this will probably start a precedent in the handling of other fan films. Rather than taking a case by case approach, I'm afraid that CBS will probably find it easier to place a general ban on all productions using their IP.

 

[HMS Ark Royal]

Sounds like a laxative.

Laxanar?

Lwaxanar?

I knew this would lead back to Majel! Why doesn't she weigh in? After all, she owns the Trek IP, right?

Only beyond the grave

 

[nx1701g]

^ I'm starting to wonder if his "everyone else is doing it" defense is going to start bringing down others. He may not leave TPTB any choice.

None of the other fan films paid their producer... None of the other fan films took crowdfunded monies raised using Star Trek IP and started a Fo Profit film studio...

All of these are statements are, to my knowledge, true. That's not what I meant though. What I meant by my post is I could see the legal team being forced into a corner of having to also go after those other groups as well if this does go all the way to trial in order to fully defend their copyright. I also keep going back to those reddit comments that were posted last night about other fan projects being at risk in the future.

However, I'm not going to lie, I'm not a lawyer so this could be completely off the wall and unlikely.

 

[HMS Ark Royal]

I know somebody earlier here said they had legal training, but would the 1st Amendment be able to be used by Axanar?

 

[Smoked Salmon]

^ I'm starting to wonder if his "everyone else is doing it" defense is going to start bringing down others. He may not leave TPTB any choice.

None of the other fan films paid their producer... None of the other fan films took crowdfunded monies raised using Star Trek IP and started a Fo Profit film studio...

All of these are statements are, to my knowledge, true. That's not what I meant though. What I meant by my post is I could see the legal team being forced into a corner of having to also go after those other groups as well if this does go all the way to trial in order to fully defend their copyright. I also keep going back to those reddit comments that were posted last night where it was claimed by the creator of the Enterprise-D Construction Project that they were going to go after unlicensed productions in 2016.

However, I'm not going to lie, I'm not a lawyer so this could be completely off the wall and unlikely.

There is no obligation on the studio to go after the rest. Infringement is infringement. The court is there to determine whether or not it has occurred in this case. No more, no less.

 

[nx1701g]

I know somebody earlier here said they had legal training, but would the 1st Amendment be able to be used by Axanar?

I don't think that it would be protected under free speech.

Coming soon: AXANAR - The religious phenomenon!

 

[Smoked Salmon]

I know somebody earlier here said they had legal training, but would the 1st Amendment be able to be used by Axanar?

No.

https://en.wikipedia.org/wiki/Golan_v._Holder

http://www.uclalawreview.org/pdf/60-5-1.pdf

 

[HMS Ark Royal]

I didn't think so either, but was just curious as to if Peters could pull that one in defence - he'd never get away with a quarter of the stuff he has done in the UK

 

[Nerys Myk]

Sounds like a laxative.

Laxanar?

Lwaxanar?

I knew this would lead back to Majel! Why doesn't she weigh in? After all, she owns the Trek IP, right?

Being dead probably has something to do with it. If alive,how would she own the IP? IIRC Roddenberry sold his rights away decades ago.

 

[nx1701g]

I didn't think so either, but was just curious as to if Peters could pull that one in defence - he'd never get away with a quarter of the stuff he has done in the UK

I hear copyright law in Russia isn't as stringent.

 

[HMS Ark Royal]

I didn't think so either, but was just curious as to if Peters could pull that one in defence - he'd never get away with a quarter of the stuff he has done in the UK

I hear copyright law in Russia isn't as stringent.

Axanar 2: Putin's Revenge

 

[Smoked Salmon]

I didn't think so either, but was just curious as to if Peters could pull that one in defence - he'd never get away with a quarter of the stuff he has done in the UK

Actually the process is very similar. You'd still have to sue and get an injunction from the court and then go on to win at trial....assuming the letter before action was ignored.

 

[Smoked Salmon]

I didn't think so either, but was just curious as to if Peters could pull that one in defence - he'd never get away with a quarter of the stuff he has done in the UK

I hear copyright law in Russia isn't as stringent.

Pretty much free reign in Siberia....

 

[Maurice]

I know somebody earlier here said they had legal training, but would the 1st Amendment be able to be used by Axanar?

The 1st Amendment simply guarantees that the government can't muzzle you or tell you what you can and cannot say or what opinions you may express. It doesn't mean you can take someone else's property/ideas nor impinge their rights to make profits from same by copying and distrobuting them. Otherwise the Patent and Copyright laws would violate the 1st Amendment and would have been overturned long ago.

You can express your opinions on Star Trek, you can write reviews of Star Trek, you can parody Star Trek, but you sure as fuck aren't entitled to MAKE Star Trek, especially not make it and SELL it.

 

[nx1701g]

I didn't think so either, but was just curious as to if Peters could pull that one in defence - he'd never get away with a quarter of the stuff he has done in the UK

I hear copyright law in Russia isn't as stringent.

Axanar 2: Putin's Revenge

Followed by the time travel adventure Axanar 3: The Tunguska Blast.

 

[DCR]

^ I'm starting to wonder if his "everyone else is doing it" defense is going to start bringing down others. He may not leave TPTB any choice.

None of the other fan films paid their producer... None of the other fan films took crowdfunded monies raised using Star Trek IP and started a Fo Profit film studio...

All of these are statements are, to my knowledge, true. That's not what I meant though. What I meant by my post is I could see the legal team being forced into a corner of having to also go after those other groups as well if this does go all the way to trial in order to fully defend their copyright. I also keep going back to those reddit comments that were posted last night about other fan projects being at risk in the future.

However, I'm not going to lie, I'm not a lawyer so this could be completely off the wall and unlikely.

It's trademarks that require defending. They can pick and choose who to go after for copyright without worrying about whether it will affect their rights.

 

[Smoked Salmon]

I hear copyright law in Russia isn't as stringent.

Axanar 2: Putin's Revenge

Followed by the time travel adventure Axanar 3: The Tunguska Blast.

Axanar 4: The Goulash Hits the Fan?

 

[Squiggy]

I hope they find a way to appease or defeat CBS and go ahead with production and release.

Not acting like a toddler that just had their iPad taken away from them would've been a good start. But, that ship has sailed.

(If you don't have a toddler and don't get that reference, the reaction is the same as if you told Ozzy Osborne in 1981 that heroin no longer existed.)