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CBS/Paramount sues to stop Axanar

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So that injunction people were speculating was gonna happen today...did it?

Mentioned way back in post 2001 by "oswriter":

Paramount and CBS served the lawsuit on December 29. Axanar Productions and Peters have 21 days to file either an answer to the complaint or a motion to dismiss. I suspect they'll attempt the latter.

Within the next couple of weeks, we should see a motion from CBS and Paramount for a preliminary injunction to halt all production on the Axanar feature, as well as an order to pull distribution of Prelude and the four-minute Vulcan scene. Hard to say when the court will hear that but probably not before the end of this month at the earliest.

Neil
 
Alec, as far as I know, is not a member of the P.G.A. (not the golf one)...
He's not. He doesn't have the credentials to be in the p.g.a. I know a little something about this.
24178323245_b6c129c0fc_o.jpg


69k people is a large following?
Apparently only 8k of them are employed and able to part with $15.
The average donation was $75, btw.
 
So that injunction people were speculating was gonna happen today...did it?

Don't know if was going to be today, or just sometime this week, if it's today, it's still early in the day & maybe the news just hasn't broken yet...

Although I'm a paralegal, I don't have access to PACER so I can't get up-to-date access to the case documents. Maybe someone else here does. PacerMonitor seems to be the next best thing and at least the freebie version only updates every 24 hours or so.

I just checked. Nothing new posted as of today.
 
Don't know if was going to be today, or just sometime this week, if it's today, it's still early in the day & maybe the news just hasn't broken yet...

Although I'm a paralegal, I don't have access to PACER so I can't get up-to-date access to the case documents. Maybe someone else here does. PacerMonitor seems to be the next best thing and at least the freebie version only updates every 24 hours or so.

I just checked. Nothing new posted as of today.

The request was for an injunction, right, not an emergency injunction, so I imagine there is some backup in the courts due to the holidays.... So it may be a few days before it comes up...
 
What a relief - our old friend Captain Robert April has weighed in on this morass, over on Melinda Snodgrass's FB page!

And...he's agin Axanar!

Dudes, you're losing the very lunatic fringe of Trek fandom! Without them you are nothing!

Okay, with them, you're not all that and a bag of chips...
 
Wait... Axanar coffee??? I've got to imagine even the name Axanar is owned by CBS/Paramount.

Seriously, who thoughtn that was a great idea? I can just see the conversation at the "studio" now:

"Merchandising, merchandising, where the real money from the movie is made. Axanar-the T-shirt, Axanar-the Coloring Book, Axanar-the Lunch box, Axanar-the Breakfast Cereal, Axanar-the Flame Thrower."

I'm of the opinion this is probably a big part of what put the CBS cross-hairs firmly on Axanar.

I think CBS was willing to look the other way with regard to the fund-raising perks of the other productions, since the scripts and cast photos aren't of much interest beyond fans of the show, and both are essentially ancillary items generated during production. However, model kits, coffee and books are a whole other matter. There are currently CBS licensees who have to pay for the privilege of making such items, so it's arguable that CBS needed to sue, just to protect that source of revenue, otherwise they'd be faced with unhappy licensees annoyed that others were making Star Trek merchandise without having to take a license.
 
What a relief - our old friend Captain Robert April has weighed in on this morass, over on Melinda Snodgrass's FB page!

And...he's agin Axanar!

Dudes, you're losing the very lunatic fringe of Trek fandom! Without them you are nothing!

Okay, with them, you're not all that and a bag of chips...

:guffaw:
 
Wait... Axanar coffee??? I've got to imagine even the name Axanar is owned by CBS/Paramount.

Seriously, who thoughtn that was a great idea? I can just see the conversation at the "studio" now:

"Merchandising, merchandising, where the real money from the movie is made. Axanar-the T-shirt, Axanar-the Coloring Book, Axanar-the Lunch box, Axanar-the Breakfast Cereal, Axanar-the Flame Thrower."

Andrexanar toilet paper
 
That's all true, but I feel like it wouldn't be enough. It'd be like saying that Captain Travis from Axanar wasn't an original character, because he was a Starfleet Captain with traits similar to many official Star Trek characters.

No, I don't think you can sue someone for whatever original elements they bring to a fan-film or fan-fic story. The problem is actually the reverse. Fan-filmmakers who create original characters or stories within the sandbox kind of waste their efforts by doing so because the new stuff winds up inexorably intertwined with the existing IP, and there's no easy way to protect or extricate them. In theory, someone else could create their own McKenna character for their fan-film even though it's a direct ripoff of the McKenna from Continues and probably get away with it because the larger sin of IP violation on the part of both fan-films probably renders the cross-theft of original characters within it sort of pointless. So you're pretty much off-the-grid when you work this way.
 

"A tax-exempt non-profit must also satisfy the IRS that it is organized for one or more charitable, educational, scientific, or similar purposes. STC, for example, argues its 'Star Trek' fan films serve to 'provoke scientific thought' and promote education in the science, technology, engineering, and mathematics."

All Star Trek fan films are doomed.

Neil
 
I trust Vic Mignogna and those running other fan productions are a good deal smarter and far less ego driven than Alec Peters.
 
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Next up on this ongoing Adventure...

What does the colon of someone who has the ego the size of the known universe look like anyway ? Inquiring minds want to know...

;-)
 
On a related note I wanted to share the experiences of Kelly Morrison, the artist behind the "Ladies of Kirk" kickstarter which I was dubious of when it came out. She was self publishing an art book of TOS characters with the intention of selling more of them later. I spoke to her today:

A few weeks after the Ladies of Kirk Kickstarter ended, I received an email from CBS' legal department about my unauthorized use of their copyrighted material. It wasn't quite a formal C&D, but almost. They said that they would be willing to allow me to fullfill my promises to my Kickstarter backers if, basically, I agreed not to sell any more Star Trek stuff in the future. It was a pretty light slap on the wrist, all things considered. But enough to scare me straight.

So CBS is keeping watch on a lot of stuff and taking action. I'm surprised the Chief O'Brien book hasn't gotten the same treatment yet. And people ask me why I refuse to make a print version of my comic.
 
I think STNV and STC might be ok, based on the fact that what they're doing is making new episodes of a 50 year old cancelled tv show. (Note that STC complied with the request to change its logo, presumably to avoid confusion.)

Axanar, in contrast, can be seen as in direct competition with the new stuff CBS and Paramount are producing.

Add to that the salaries and merch, and BOOM. Heads explode.
 
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