CBS/Paramount sues to stop Axanar

[Michael]

The only test that Peters is going to take soon is the one for STIs after spending a few months with a 450LB cellmate who misses his wife

Sorry, but I think this is crossing a line. I don't see how Axanar has a chance to win this either, but these kind of jokes are just in poor taste.

 

[oswriter]

The question the court needs to decide is whether or not there is fair use. That is the only kind of defence that would apply here, and the fact that Peters has indirectly used the production as a vehicle for commercial activities is the real smoking gun, and I don't think he has a leg to stand on in that regard.

I agree. Indeed, I recall him saying on one of the Axanar podcasts that one of his motives for making "Axanar" was to serve as a "proof of concept" for Ares Studios. There's really no doubt in my mind this is a commercial use.

 

[Harvey]

1. Rape isn't funny.

This.

 

[oswriter]

It may not be neither here nor there legally, but, for some of the Star Trek fans who are standing with Axanar, this specific case might open their eyes a little.

Right, that was my point. It's also why I framed my blog post as a response to Gerrold. I respect Axanar supporters who are upset with the studios' actions, but I do not want to see anyone misled about what the law actually says in this area.

 

[Joel_Kirk]

Didn't Gerrold appear as an Enterprise crewman in Trials and Tribbleations?

Yep as a redshirt.

EDIT: Joel Kirk and I jinxed each other.

 

[Professor Zoom]

It may not be neither here nor there legally, but, for some of the Star Trek fans who are standing with Axanar, this specific case might open their eyes a little.

Right, that was my point. It's also why I framed my blog post as a response to Gerrold. I respect Axanar supporters who are upset with the studios' actions, but I do not want to see anyone misled about what the law actually says in this area.

Yeah, I was tempted to post a link to your blog on his Facebook posting about this. It's a great blog post. Clear and to the point.

 

[Smoked Salmon]

It may not be neither here nor there legally, but, for some of the Star Trek fans who are standing with Axanar, this specific case might open their eyes a little.

I doubt it. They're already grasping at straws.

In this case the thing speaks for itself. It is quite clearly a derivative work, and Peters & Co even admit as much. There can be no doubt that this breaches copyright. Anyone in denial about this is deluded IMO and it's not worth the debate that is raging. The legal position is pretty clear.

Nonetheless there are a lot of fans who accept that the material is copyrighted but still seem to think that in spite of this fans are somehow owed the right to make or receive these productions. That's the part I find truly astonishing.

 

[Squiggy]

It may not be neither here nor there legally, but, for some of the Star Trek fans who are standing with Axanar, this specific case might open their eyes a little.

They're never going to see that. They're probably getting all their news regarding this from the Axanar social media feeds and they certainly won't be sharing that.

 

[HMS Ark Royal]

At this moment in time, what are Ares Productions' assets?

 

[Professor Zoom]

Nonetheless there are a lot of fans who accept that the material is copyrighted but still seem to think that in spite of this fans are somehow owed the right to make or receive these productions. That's the part I find truly astonishing.

I'm not astonished by the fans believing it. I'm astonished that there are actual professionals who believe they can just take IP.

 

[Smoked Salmon]

At this moment in time, what are Ares Productions' assets?

Probably whatever cash they have in the bank along with materials and equipment. I believe the studio was said to be rented.

 

[HMS Ark Royal]

At this moment in time, what are Ares Productions' assets?

Probably whatever cash they have in the bank along with materials and equipment. I believe the studio was said to be rented.

I presume that if any seizure was ordered, there would be some record of what belonged to who?

ie: If a person loaned Ares Productions four fire extinguishers and some studio lights, those would be returned to their rightful owner?

 

[Smoked Salmon]

Nonetheless there are a lot of fans who accept that the material is copyrighted but still seem to think that in spite of this fans are somehow owed the right to make or receive these productions. That's the part I find truly astonishing.

I'm not astonished by the fans believing it. I'm astonished that there are actual professionals who believe they can just take IP.

I get the impression from his online gloating that Peters is one of these people who thinks himself smarter than the rest and uses his self confidence to bring others along for the ride. But, as they say, pride comes before a fall, etc.

 

[HMS Ark Royal]

I just hope that none of this affects Aurora - that show/series is great

 

[tharpdevenport]

 

[Relayer1]

What use are sets and production materials (such as scripts) if seized ?

Obviously useful to other fanfilms, but I'd think most other fanfilms will be giving anything tainted by Axanar a wide berth....

 

[Smoked Salmon]

At this moment in time, what are Ares Productions' assets?

Probably whatever cash they have in the bank along with materials and equipment. I believe the studio was said to be rented.

I presume that if any seizure was ordered, there would be some record of what belonged to who?

ie: If a person loaned Ares Productions four fire extinguishers and some studio lights, those would be returned to their rightful owner?

Those items would need to be returned as soon as the production was unable to pay for them - and that would certainly be the case if there was any kind of substantial order against the assets of the kind this case seeks. IN any event, a loaned item isn't an asset for the purposes of assessing the production company's worth.

 

[oswriter]

At this moment in time, what are Ares Productions' assets?

Probably whatever cash they have in the bank along with materials and equipment. I believe the studio was said to be rented.

I presume that if any seizure was ordered, there would be some record of what belonged to who?

ie: If a person loaned Ares Productions four fire extinguishers and some studio lights, those would be returned to their rightful owner?

Well, in all likelihood, if CBS and Paramount get a monetary judgment against Axanar Productions, Inc., the company will immediately file for bankruptcy protection. A bankruptcy trustee would then supervise the liquidation of any assets to pay Paramount, CBS and any other creditors.

 

[Smoked Salmon]

What use are sets and production materials (such as scripts) if seized ?

Obviously useful to other fanfilms, but I'd think most other fanfilms will be giving anything tainted by Axanar a wide berth....

I was thinking more of unused materials and equipment of value, like cameras, sound equipment and so on. Built sets will be worthless for all intents and purposes.

 

[HMS Ark Royal]

Probably whatever cash they have in the bank along with materials and equipment. I believe the studio was said to be rented.

I presume that if any seizure was ordered, there would be some record of what belonged to who?

ie: If a person loaned Ares Productions four fire extinguishers and some studio lights, those would be returned to their rightful owner?

Those items would need to be returned as soon as the production was unable to pay for them - and that would certainly be the case if there was any kind of substantial order against the assets of the kind this case seeks. IN any event, a loaned item isn't an asset for the purposes of assessing the production company's worth.

So about the same as UK law then...

I bet some of the actors and actresses signed up for this are worried about black marks