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CBS/Paramount sues to stop Axanar

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Honestly, Burnett's tantrums over this have been the saddest thing. I have always enjoyed the work he's done producing DVD and Blu-ray materials for both Trek and other movies, but he needs to pull his head out of his ass and stop acting like he's some master artist and is being wronged, considering his most recent work is directing softcore porn.

Burnett directed softcore? I thought that was Cash Markman (otherwise known as Marc Cushman)?

Burnett directed episodes of the Skinamax show Femme Fatales, according to his IMDB. The show was co-created by Marc A. Altman, his fellow FREE ENTERPRISE collaborator.
 
Oh, I don't disagree. From that point of view I think that stage has realistically already been reached, injunction or not. It depends on whether or not Peters as the financial ability to see it through to trial and reinvent the project.

The only (legal) glimmer of hope I see is if--and it's a big if--Axanar can convince the judge there is insufficient proof of "irreparable harm" to justify a preliminary injunction. But I wouldn't bet the farm on that defense.

And even if Peters beats a preliminary injunction motion, then you're talking about months of discovery and a motion for summary judgment. And I don't see how Axanar Productions survives a motion for summary judgment on liability.
 
Is Axanar actually saying they plan to raise a trademark defense? Because if they are, then they haven't read the lawsuit. CBS and Paramount did not raise a single trademark claim. This is purely a copyright lawsuit. The trademarks are irrelevant (he says in Borg monotone).

Sorry, I was a tad ambiguous in my pronouns in the post, I edited to make clear the distinctions between Axanar proper and fan arguments.

No idea what they plan, but some people keep claiming "abandonment" as a possible defense for fanfilms, so I figured it was time to clear the air about what that means.

Ah, gotcha. Having done a lot of IP writing, I realize most folks do not appreciate the distinction between copyright and trademarks.

Hah. I once got G. Gordon Liddy (personal opinions aside, he was at one time a successful prosecutor) to explain on his radio show the difference between copyright and trademark, not to mention patent.

Trek fans were pissing me off.
 
Con: If 100% of their fans boycott Beyond we'll lose 780,000.

They can easily pick that up by winning the lawsuit. Plus, most will end up watching Beyond anyway.

Well, yeah. And that $780,000 loss isn't even a drop in the bucket compared to what Beyond is likely to generate.

Also, since the Axanards are posting random things...feel free to use this as counter:

ISTAND_zpsdylzzwob.jpg

:lol:

If you don't post that image in the FB "Star Trek - The New CBS TV Series" group I'm stealing it and posting it myself.

I can do that, you know, because I'm a big fan of yours and you really owe me for whatever success you've achieved in any sphere. Objecting to my theft would come back to bite you in the ass as my thousands of screaming fans boycott your posts.
 
They can easily pick that up by winning the lawsuit. Plus, most will end up watching Beyond anyway.

Well, yeah. And that $780,000 loss isn't even a drop in the bucket compared to what Beyond is likely to generate.

Also, since the Axanards are posting random things...feel free to use this as counter:

ISTAND_zpsdylzzwob.jpg

:lol:

If you don't post that image in the FB "Star Trek - The New CBS TV Series" group I'm stealing it and posting it myself.

I can do that, you know, because I'm a big fan of yours and you really owe me for whatever success you've achieved in any sphere. Objecting to my theft would come back to bite you in the ass as my thousands of screaming fans boycott your posts.

:guffaw:
 
Honestly, Burnett's tantrums over this have been the saddest thing. I have always enjoyed the work he's done producing DVD and Blu-ray materials for both Trek and other movies, but he needs to pull his head out of his ass and stop acting like he's some master artist and is being wronged, considering his most recent work is directing softcore porn.


He lost me during one of his many baby-fits about Star Trek '09.

I did enjoy one of the TNG writer roundtables from one of the TNG blu sets - I think that was a Seth Macfarlane one though. Not sure if he was involved.
 
For those who enjoy litigation forms, I have a copy of the official summons against Peters and Axanar Productions. Nothing out of the ordinary. It basically just says he has three weeks to file either an answer to the CBS/Paramount complaint or a motion to dismiss. I'll assume they go with the latter because it stalls for time.
 
Honestly, Burnett's tantrums over this have been the saddest thing. I have always enjoyed the work he's done producing DVD and Blu-ray materials for both Trek and other movies, but he needs to pull his head out of his ass and stop acting like he's some master artist and is being wronged, considering his most recent work is directing softcore porn.

He's done nothing to improve the public perception of trekkies this week, no.

And I'd imagine that public perception of trekkies is why Plaintiffs want a jury trial, since jury selection is basically just trading on people's prejudices.
 
For those who enjoy litigation forms, I have a copy of the official summons against Peters and Axanar Productions. Nothing out of the ordinary. It basically just says he has three weeks to file either an answer to the CBS/Paramount complaint or a motion to dismiss. I'll assume they go with the latter because it stalls for time.

Oh, thanks for sharing that. Definitely interested in reading.
 
For those who enjoy litigation forms, I have a copy of the official summons against Peters and Axanar Productions. Nothing out of the ordinary. It basically just says he has three weeks to file either an answer to the CBS/Paramount complaint or a motion to dismiss. I'll assume they go with the latter because it stalls for time.

Oh, thanks for sharing that. Definitely interested in reading.

No problem. And here's the actual complaint in case anyone hasn't seen it.
 
There's a popular theory on the fan page that CBS is doing this in order to steal Axanar because they don't actually have anything for the television series next year. One of the commenters agreed, saying that Axanar was Alec's intellectual property, and CBS couldn't touch it.

I wanted to respond to that, to do the equivalent of shaking someone out of a stupor, but then I'd have to join the fan site and they're moderating new members now.
 
So it is towards Axanar Productions?

I was under the impression that this was being filmed by Ares Productions

Axanar Productions, Inc., is the legal entity Peters created to produce Axanar. The lawsuit identifies Peters as the "controlling principal" of Axanar Productions, which I assume is the legal owner of Ares Studios.
 
There's a popular theory on the fan page that CBS is doing this in order to steal Axanar because they don't actually have anything for the television series next year.
...aside from that being complete nonsense, my understanding was Axanar by definition - in being a fan film about the battle of Axanar - amounted to a self-contained story. If one really believes CBS has no idea what to do with Star Trek so they just grab a Star Trek fan series, you'd figure they'd take something with a premise that'd extend beyond one feature length episode.
 
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