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CBS/Paramount sues to stop Axanar

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I didn't bother to do the math, until someone mentioned that on the BBS..... so basically they paid out over 100K in salaries

Anyway, the Salaries section makes no sense. The formatting is FUBARed and you can't really tell what number belongs to whom. But when you add up all the numbers

Salaries
$17,420.00
$38,166.57
$5,000.00
$9,800.00
$48,042.31
$118,428.88​
1099-------------------$17,420.00
Alec Peters-------------$38,166.57
Diana Kingsbury ------Deferred
Robert Burnett----------$5,000.00
Curtis Laseter-----------$9,800.00
Misc. Salaries-----------$48,042.31
Total==========$118,428.88


Their formatting is still FUBAR. The indent on the 1099 makes it look like a heading over the names, like they're all 1099s below. Also, a 1099 isn't for a "salaried" position.

Amateur hour.
 
Well, today was the first full day back and much was dealing with lawyers.
We won't be commenting much on the legal case as we are in discussions to settle the situation...We hope to amicably resolve the situation...

That Axanar update rather disingenuously suggests that they're negotiating with people at CBS without actually saying anything of the kind.

I'll give Peters this: he definitely knows how to say something without saying anything at all and then getting people who won't know any better to believe him.
 
Y'know, these vocal Axanar defenders are starting to remind me of a certain group in the American political landscape.

Consider: we have a group of angry people: predominantly white, male, and middle-aged. They're passionately devoted to a thing to the point where they feel a certain ownership of it, and they're mad because the people who control that thing aren't managing things in a way they agree with. They fervently believe that, were the founder of this thing still alive, he would completely agree with them. They feel like the people in charge have abandoned the founder's original intentions, and that it's incumbent upon them to take this thing back so that the founder's original intention for it can be restored and things can be like they were in the good old days.

It's so obvious: Axanar fandom is the Star Trek Tea Party. I'm not getting political here and saying that the Tea Party is good or bad, just pointing out that if you swap out a few proper nouns ("George Washington" for "Gene Roddenberry", "America" or "the Constitution" for "Star Trek") a lot of the arguments they make and the way they make them are practically identical.

Meh.... Their chief motive is, they want to see the movie, and they are upset CBS could be taking it away.... I mean, when you ration it out with them... and they agree with the premises, that CBS owns Star Trek, CBS gets to determine who plays with Star Trek.. CBS is within their rights to stop someone who they didn't give permission to making star trek, from making star trek, they still say, "Why can't they share" or other such things....
 
Peters said:

People were all claiming they knew why CBS was suing Axanar.
We were too big!
We were making to much money!
We were paying crazy salaries to employees!
We are too good and Paramount is scared!
I could go on. But the point is no one knows and no one bothered to read the complaint, which says none of that.


It's true the complaint says none of those things. Here's what the first cause of action in the complaint actually states:

On information and belief, in direct violation of Plaintiffs’ exclusive rights, Defendants have directly infringed, and unless enjoined by this Court, will continue to infringe the copyrights in the Star Trek Copyrighted Works by, among other things:

a. Preparing unauthorized derivative works of the Star Trek Copyrighted Works in the form of the Axanar Works;

b. Reproducing copyrighted elements of the Star Trek Copyrighted Works in the Axanar works;

c. Distributing copies of the Axanar works, which contain copyrighted elements of the Star Trek Copyrighted Works; and

d. Publicly performing the Axanar Works, which contain copyrighted elements of the Star Trek Copyrighted Works.
 
He really thinks that none of the folks with legal experience who are commenting have read the complaint?

He really is living in his own little world.

I haven't seen any commentary from anyone with legal training and actual experience of IP law who doesn't seem this as a slam dunk for CBS/P - anyone seen any different?
 
Y'know, I've been a law blogger going on 16 years now. Written about hundreds of cases. This is the first time I ever had to check to make sure the attorney for one of the litigants had actually passed the bar.

And he did. On December 4, 2015. So happy one-month anniversary, Mr. Schmidt!

Anyway, the Salaries section makes no sense. The formatting is FUBARed and you can't really tell what number belongs to whom. But when you add up all the numbers

Salaries
$17,420.00
$38,166.57
$5,000.00
$9,800.00
$48,042.31
$118,428.88​
1099-------------------$17,420.00
Alec Peters-------------$38,166.57
Diana Kingsbury ------Deferred
Robert Burnett----------$5,000.00
Curtis Laseter-----------$9,800.00
Misc. Salaries-----------$48,042.31
Total==========$118,428.88


Their formatting is still FUBAR. The indent on the 1099 makes it look like a heading over the names, like they're all 1099s below. Also, a 1099 isn't for a "salaried" position.

Amateur hour.
I do payroll for a living, its much easier to lump 1099's with salaries in general terms, as you're discussing wages.
Still sloppy.
I just ran the numbers in a spreadsheet. There are no items above that come close to totaling 48,042.31 - therefore I must assume that number refers to additional misc. salaries or Alec Peters is really bad at math. Pick one :p
 
Well, today was the first full day back and much was dealing with lawyers.
We won't be commenting much on the legal case as we are in discussions to settle the situation...We hope to amicably resolve the situation...
That Axanar update rather disingenuously suggests that they're negotiating with people at CBS without actually saying anything of the kind.

Indeed. Having "discussions to settle the situation" could mean he's talking with just his lawyers. He said nothing about actually talking with the attorneys at Loeb & Loeb.

I also found this statement interesting: "We hope to amicably resolve the situation in a way that benefits CBS, Paramount, Axanar and all fan films." So now he's trying to associate himself with "fan films" again. He's not using the phrase "independent production," which is how Axanar has generally been described by Peters and company.
 
I suppose he doesn't think that Melinda Snodgrass read the complaint?

She did amend her Facebook post, BTW, to address the fact that the complaint is based on copyright and not trademark.
 
Adding together all the itemized salaries brings you to $70,386.57. The $48,032.41 are "miscellaneous" salaries that Axanar hasn't bothered to identify on this very transparent report.
 
Let me just chime in. I certainly appreciate that fans want more quality Star Trek. But I don't think the Axanar people have a legal leg to stand on. At the point where you are raising millions of dollars, hiring and paying professionals to act and produce, you are no longer just a "fan-based, amateur" production. You have become a professional production which is using someone's else property without their permission. That's illegal. What Axanar is doing, is the equivalent to someone raising money and hiring a professional team to produce a Superman movie without DC's permission. You can't do that.

As I see it, Axanar only has 2 options: they either shut down and reimburse those who contributed money or they negotiate something with CBS/Paramount whereby Axanar pays them money in exchange for the rights to produce the movie.
 
I'm guessing he was told to say:

"We won't be commenting much on the legal case as we are in discussions to settle the situation."

But he just had to add all the other facebook lawyer crap. His Attorney really needs to take all his electronics away or write every statement himself........smh
 
As I see it, Axanar only has 2 options: they either shut down and reimburse those who contributed money or they negotiate something with CBS/Paramount whereby Axanar pays them money in exchange for the rights to produce the movie.
The reason that Peters isn't immediately doing that is because a chunk of the donor money has already been spent. If the project doesn't go ahead he'd be obliged to refund every donor - and that will likely mean that at least tens of thousands will need to come out of his own pocket.

In all likelihood he's screwed if he aborts and screwed if he continues. His only option is some level of settlement that allows the project to continue. But, that can only happen if the studio grants permission to use the IP IMO.
 
As I see it, Axanar only has 2 options: they either shut down and reimburse those who contributed money or they negotiate something with CBS/Paramount whereby Axanar pays them money in exchange for the rights to produce the movie.

One might imagine that whatever "negotiations" they think they're going to enter into with CBS would revolve around one or two forlorn hopes:


  • That CBS will agree to permit the production to continue if certain characters, designs and other IP is removed or minimized. Perhaps they think that removing "Prelude" from distribution and eliminating Soval is the kind of thing that will do the trick; and/or
  • That CBS will belatedly accept some kind of licensing money in exchange for permitting Axanar to continue.
I don't think those are realistic possibilities, but I'm buying a lottery ticket today so it can't be said that I rule out the extremely unlikely in my own thinking...
 
Y'know, I've been a law blogger going on 16 years now. Written about hundreds of cases. This is the first time I ever had to check to make sure the attorney for one of the litigants had actually passed the bar.

And he did. On December 4, 2015. So happy one-month anniversary, Mr. Schmidt!

1099-------------------$17,420.00
Alec Peters-------------$38,166.57
Diana Kingsbury ------Deferred
Robert Burnett----------$5,000.00
Curtis Laseter-----------$9,800.00
Misc. Salaries-----------$48,042.31
Total==========$118,428.88


Their formatting is still FUBAR. The indent on the 1099 makes it look like a heading over the names, like they're all 1099s below. Also, a 1099 isn't for a "salaried" position.

Amateur hour.
I do payroll for a living, its much easier to lump 1099's with salaries in general terms, as you're discussing wages.
Still sloppy.
I just ran the numbers in a spreadsheet. There are no items above that come close to totaling 48,042.31 - therefore I must assume that number refers to additional misc. salaries or Alec Peters is really bad at math. Pick one :p

Or someone cooked a line item and didn't think to cook the individual numbers that it totals from. Not saying that's what happened, but that's my first thought when I see errors like that in spreadsheets.
 
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