CBS/Paramount sues to stop Axanar

[BillJ]

I offer this "what if" totally out of left field...

What if some big wigs at CBS, after seeing the rise of Donald Trump in the polls, have concluded that negative publicity is not only good publicity, but apparently is great publicity. The more negative, the better.

They've been kicking around the idea of bringing Trek back to TV for several years. Look at this...it's an independent Trek project that has a sizable following considering it's unofficial. Imagine if we made it official? The teaser shows promise. Looks a little like the new Trek films in style. Might work well as a serial series. These guys are swearing they'll do their own thing regardless of what we tell them. You never know what these guys are going to say. They...sort of remind me of...Trump!

I've got it! Let's sue the crap out of them. Let's get the fan community all riled up about this. Maybe we'll catch some big media along the way for it. Go to trial, get all sorts of press during the trial since we know these guys are hot heads. Then at the last minute, we'll settle. During the settlement, we offer these guys a chance to actually produce their series for CBS. Blow their egos up real good. Imagine the headlines...Angry Trekkies Beat CBS, Win Their Own Series. It's so negative! So crazy! It'll be great.

But..but...it get's better! We'll tell the public the show will only be available on our paid streaming app. This will make them even more angry! Once we get close to the premiere, we'll announce it will be on network after all. "Jokes on you, Trekkites." It'll be great. We'll make CBS great again.

CBS doesn't come across as needing amateur tactics to get people to watch their shows.

 

[Karzak]

2) They don't respond in anyway, keep on keeping on, and hope it all works out in the end.

I'm betting it is this one!

In which case, the studios move for default judgment.

Peters is just deluded enough that thinking filing a motion to dismiss might work but probably watched too many episodes of Law and Order to know that it won't, so instead he'll just bury his head in the sand and pray the lawsuit away.

 

[Squiggy]

In which case, the studios move for default judgment.

They get the default judgement, then what actions do they take next to shut it down?

Presumably, a default judgment would grant a permanent injunction halting the production of Axanar. There would still need to be further proceedings on damages. Even if Axanar and Peters never appear in the case, Paramount and CBS would still need to file briefs making the case for damages and how much they should be paid.

What's the ultimate endgame if they refuse to respond and keep on producing even after an injunction et al? LA County Sheriff comes and sticks a lock on the door?

 

[SeerSGB]

2) They don't respond in anyway, keep on keeping on, and hope it all works out in the end.

I done that with credit card companies. Doesn't work.

Yeup. Did that too---granted I was filing Chapter 7 the following month, so it didn't matter. Have to be careful though, a shitty card-company will get the judge to nail you on contempt and/or failure to appear.

 

[BillJ]

Presumably, a default judgment would grant a permanent injunction halting the production of Axanar. There would still need to be further proceedings on damages. Even if Axanar and Peters never appear in the case, Paramount and CBS would still need to file briefs making the case for damages and how much they should be paid.

If Peters continues to ignore them (which is a real possibility as they are still collecting funds and selling coffee), at what point does this become a law enforcement issue?

 

[DaddlerTheDalek]

Jesus Christ. It's like they're all leaving loaf-size breadcrumbs for CBS Legal to follow.

Their violations definitely weren't subtle.

No. it wasn't.

 

[oswriter]

I'm betting it is this one!

In which case, the studios move for default judgment.

Peters is just deluded enough that thinking filing a motion to dismiss might work but probably watched too many episodes of Law and Order to know that it won't, so instead he'll just bury his head in the sand and pray the lawsuit away.

A motion to dismiss would just be a move to stall for time.

 

[Karzak]

I offer this "what if" totally out of left field...

What if some big wigs at CBS, after seeing the rise of Donald Trump in the polls, have concluded that negative publicity is not only good publicity, but apparently is great publicity. The more negative, the better.

They've been kicking around the idea of bringing Trek back to TV for several years. Look at this...it's an independent Trek project that has a sizable following considering it's unofficial. Imagine if we made it official? The teaser shows promise. Looks a little like the new Trek films in style. Might work well as a serial series. These guys are swearing they'll do their own thing regardless of what we tell them. You never know what these guys are going to say. They...sort of remind me of...Trump!

I've got it! Let's sue the crap out of them. Let's get the fan community all riled up about this. Maybe we'll catch some big media along the way for it. Go to trial, get all sorts of press during the trial since we know these guys are hot heads. Then at the last minute, we'll settle. During the settlement, we offer these guys a chance to actually produce their series for CBS. Blow their egos up real good. Imagine the headlines...Angry Trekkies Beat CBS, Win Their Own Series. It's so negative! So crazy! It'll be great.

But..but...it get's better! We'll tell the public the show will only be available on our paid streaming app. This will make them even more angry! Once we get close to the premiere, we'll announce it will be on network after all. "Jokes on you, Trekkites." It'll be great. We'll make CBS great again.

CBS doesn't come across as needing amateur tactics to get people to watch their shows.

Exactly. Say what you might about it, (and Trekkies seem to be awfully split on this particular show) but The Big Bang Theory alone does great enough (no, not great -- amazing) numbers for them that they are not hurting when it comes to success in television.

CBS isn't going to play a stupid game like Trump's. They're a business and they've had enough of the kids playing with their toys and scuffing them up. So CBS is collecting its action figures and is going home.

 

[oswriter]

They get the default judgement, then what actions do they take next to shut it down?

Presumably, a default judgment would grant a permanent injunction halting the production of Axanar. There would still need to be further proceedings on damages. Even if Axanar and Peters never appear in the case, Paramount and CBS would still need to file briefs making the case for damages and how much they should be paid.

What's the ultimate endgame if they refuse to respond and keep on producing even after an injunction et al? LA County Sheriff comes and sticks a lock on the door?

Failing to obey an injunction is contempt of court. You would go to jail for that.

 

[dub]

Let's get the fan community all riled up about this.

Except they aren't.

CBS doesn't come across as needing amateur tactics to get people to watch their shows.

It was a joke, guys. A joke. I don't believe a word of what I wrote. I sincerely hope nobody else does. Just going for a chuckle. Maybe just a light snort or a smirk. I'll settle for an eyeroll if that's all you got.

 

[Smoked Salmon]

In which case, the studios move for default judgment.

Peters is just deluded enough that thinking filing a motion to dismiss might work but probably watched too many episodes of Law and Order to know that it won't, so instead he'll just bury his head in the sand and pray the lawsuit away.

A motion to dismiss would just be a move to stall for time.

But would also offer themselves up for a higher costs penalty.

 

[Squiggy]

Presumably, a default judgment would grant a permanent injunction halting the production of Axanar. There would still need to be further proceedings on damages. Even if Axanar and Peters never appear in the case, Paramount and CBS would still need to file briefs making the case for damages and how much they should be paid.

What's the ultimate endgame if they refuse to respond and keep on producing even after an injunction et al? LA County Sheriff comes and sticks a lock on the door?

Failing to obey an injunction is contempt of court. You would go to jail for that.

Oh yeah, derp.

Considering how Peters has failed to heed the advice of his counsel every step of the way thus far, I'm sure we'll end up there.

 

[SuperSpaceMan]

In which case, the studios move for default judgment.

Peters is just deluded enough that thinking filing a motion to dismiss might work but probably watched too many episodes of Law and Order to know that it won't, so instead he'll just bury his head in the sand and pray the lawsuit away.

A motion to dismiss would just be a move to stall for time.

Do you see any reason why a judge wouldn't grant an injunction at this point?

 

[SeerSGB]

Peters is just deluded enough that thinking filing a motion to dismiss might work but probably watched too many episodes of Law and Order to know that it won't, so instead he'll just bury his head in the sand and pray the lawsuit away.

A motion to dismiss would just be a move to stall for time.

Do you see any reason why a judge wouldn't grant an injunction at this point?

I'm no lawyer, but I would think their current and ongoing activities would be justification. Especially if they're still taking in money using the Star Trek brand.

Oops, my bad I read that as "would" not "wouldn't"

 

[Smoked Salmon]

A motion to dismiss would just be a move to stall for time.

Do you see any reason why a judge wouldn't grant an injunction at this point?

I'm no lawyer, but I would think their current and ongoing activities would be justification. Especially if they're still taking in money using the Star Trek brand.

Oops, my bad I read that as "would" not "wouldn't"

Yes.

 

[DaddlerTheDalek]

Didn't some people claim that Axanar is the "Real Trek" and some shit like that? Wasn't Peters one of them? If I remember correctly they where pretty much Anti Paramount & STB and wanted CBS to produce a Axanar TV show or something like that? Correct me if I'm wrong.

 

[seigezunt]

So, I was just perusing the comments on an article about this on Dark Horizons, our old Facebook friend Fred Archer (aka The Fox) is suggesting that the Axanar Donors Group is giving some "inside information" that Bad Robot initiated the lawsuit and that CBS would be licensing fan films. To which I of course give the biggest "BULLSHIT!" response ever (in my head).

I was wondering when the Para Trooper Talifan brigade was going to be deployed. SMH

https://imgflip.com/memegenerator

 

[oswriter]

Peters is just deluded enough that thinking filing a motion to dismiss might work but probably watched too many episodes of Law and Order to know that it won't, so instead he'll just bury his head in the sand and pray the lawsuit away.

A motion to dismiss would just be a move to stall for time.

Do you see any reason why a judge wouldn't grant an injunction at this point?

Sure, the judge could somehow find CBS and Paramount are not "likely to succeed on the merits" because Axanar's use of copyright falls under the fair use exception.

Alec Peters could also ignite the red matter, create a black hole, and go back to 1964 so he can create "Star Trek" instead of Gene Roddenberry. I'm not sure which outcome is more likely.

 

[oswriter]

Peters is just deluded enough that thinking filing a motion to dismiss might work but probably watched too many episodes of Law and Order to know that it won't, so instead he'll just bury his head in the sand and pray the lawsuit away.

A motion to dismiss would just be a move to stall for time.

But would also offer themselves up for a higher costs penalty.

Somehow, I doubt he's thinking far enough ahead to worry about a costs order.

 

[Jedi_Master]

I work as a manager of a non-profit community association. Florida law requires that all revenue collected by the non-profit either be used to meet expenses, placed in a reserve account and used on large projects that are defined by state law (for example we can save money to do concrete restoration but not to pay property insurance) or returned to the owners.

Florida law does not allow our type of non-profit to provide financial compensation to the Board of Directors unless our Governing Documents allow for such compensation.

In any case, our being a "non-profit" does not mean we don't have any revenue or expenses. Quite the opposite. Our budget is close to a million dollars every year.

If Axanar wishes to reorganize and become a non-profit, corporate law could still allow the directors of the non-profit to be compensated. If the entirety of the monies raised are based on donations garnered from individuals wishing Axanar to make a product based on another corporations IP, then compensation for the directors would definitely cross some legal lines, even if that compensation was considered to be a legally allowable "expense" for a non-profit.