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CBS/Paramount sues to stop Axanar

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My new favorite thing is David Gerrold's bio on the Axanar blog. It's a straight copy and paste from his Wikipedia entry!



Neil

David Gerrold (born January 24, 1944) is an American science fiction author known for his Star Trek script "The Trouble With Tribbles" as well as for some other things that, while undeniably pretty cool, won't make it into the headline or first two paragraphs of his eventual Variety obit.
 
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Why, Whitney? So we can prove we have The Greatest Love of All for Trek?
♫ It's been a looooong week
getting from there to here ... ♪
:lol:
C B S... has prior art...
going where their lawsuits take them...
 
Obviously I don't know anything about Peters' personal assets.

According to Alec's girlfriend, he has really small assets

You know...okay, I get that this is a dig directed at Peters, but all the same I'd like to leave Ms. Kingsbury out. We know nothing about her other than her job at Axanar Productions and the apparent fact that she's Alec's partner, nor do we know that she's ever been paid a penny for her work ("salary deferred until 2016"). None of this mess appears to be her fault.
 
Obviously I don't know anything about Peters' personal assets.

According to Alec's girlfriend, he has really small assets

You know...okay, this is a dig directed at Peters, but all the same I'd like to leave Ms. Kingsbury out of all this. We know nothing about her other than her job at Axanar Productions and the apparent fact that she's Alec's partner, nor do we know that she's ever been paid a penny for her work ("salary deferred until 2016"). None of this mess is her fault.

Ah, I didn't mean *THAT*... I meant he has small assets after his failed businesses
 
Based on conversations I've had with a few people today, I am reasonably confidant this litigation only has a few days left to run. Despite their public statements, I believe Axanar knows they are finished. Indeed, I suspect the main reason for their continued public bravado is they are trying to convince donors they're doing everything possible to keep production going--in the hopes those same donors won't turn around and sue them for breach of contract or fraud.

The only question is what will be CBS and Paramount's terms of surrender. I don't see how the studios can allow Axanar to keep any of the money it has raised. I think any settlement will require an outside auditing of Axanar's books, because as we've all commented on here, the "annual report" is a joke. I think the studios will want Axanar to turn over any records related to its relationship with Indiegogo and Kickstarter, because let's not forget they were the major financial beneficiaries in all this. And obviously, Axanar will have to destroy any copyrighted materials still in their possession (patches, Blu-rays, etc.)

Where does that leave the donors? My guess is there won't be much left for them. Remember, Axanar (or maybe Peters individually, I don't know) will still be on the hook for the Ares Studios lease. That plus other legal expenses related to any settlement will probably destroy whatever assets Axanar as a corporation has remaining. Obviously I don't know anything about Peters' personal assets.

Much as I hate to say it, that would be an efficient way for them to virtually destroy the future of crowdfunded fan films. Leave the donors with nothing, let people make a big stink about it, and let the world watch as they lose what they donated with no recourse.

Who would donate to another crowdfunded fan film after that?
 
Well, fan films thrived for at least a decade before online crowdfunding became a thing. New Voyages/Phase II did a lot of their best stuff without it, Exeter did both of their shows without it, Farragut did pretty well by other means, and I don't believe Intrepid's ever solicited money through the crowdfunding sites. Hidden Frontier, of course, came and went before such things existed.
 
Well, fan films thrived for at least a decade before online crowdfunding became a thing. New Voyages/Phase II did a lot of their best stuff without it, Exeter did both of their shows without it, Farragut did pretty well by other means, and I don't believe Intrepid's ever solicited money through the crowdfunding sites. Hidden Frontier, of course, came and went before such things existed.

Not saying the fan films won't continue; I expect they will if this is all that happens. It's just unfortunate that, in the end, the donors might pay the price for this little shindig.

Heck, not even saying it's a bad thing; it's fun to see "big budget" fan stuff made, but I don't like the threat it poses. The more money that goes into it, the more it has to make the IP owner consider going nuclear on all fan films. :shrug:
 
Based on conversations I've had with a few people today, I am reasonably confidant this litigation only has a few days left to run. Despite their public statements, I believe Axanar knows they are finished. Indeed, I suspect the main reason for their continued public bravado is they are trying to convince donors they're doing everything possible to keep production going--in the hopes those same donors won't turn around and sue them for breach of contract or fraud.

The only question is what will be CBS and Paramount's terms of surrender. I don't see how the studios can allow Axanar to keep any of the money it has raised. I think any settlement will require an outside auditing of Axanar's books, because as we've all commented on here, the "annual report" is a joke. I think the studios will want Axanar to turn over any records related to its relationship with Indiegogo and Kickstarter, because let's not forget they were the major financial beneficiaries in all this. And obviously, Axanar will have to destroy any copyrighted materials still in their possession (patches, Blu-rays, etc.)

Where does that leave the donors? My guess is there won't be much left for them. Remember, Axanar (or maybe Peters individually, I don't know) will still be on the hook for the Ares Studios lease. That plus other legal expenses related to any settlement will probably destroy whatever assets Axanar as a corporation has remaining. Obviously I don't know anything about Peters' personal assets.

Much as I hate to say it, that would be an efficient way for them to virtually destroy the future of crowdfunded fan films. Leave the donors with nothing, let people make a big stink about it, and let the world watch as they lose what they donated with no recourse.

Who would donate to another crowdfunded fan film after that?
I figure that CBS legal is going to have a nice little brunch with the legal departments of Kickstarter and Indigogo and talk over the need for those companies to police their campaigns for IP theft a little better.
 
Based on conversations I've had with a few people today, I am reasonably confidant this litigation only has a few days left to run. Despite their public statements, I believe Axanar knows they are finished. Indeed, I suspect the main reason for their continued public bravado is they are trying to convince donors they're doing everything possible to keep production going--in the hopes those same donors won't turn around and sue them for breach of contract or fraud.

The only question is what will be CBS and Paramount's terms of surrender. I don't see how the studios can allow Axanar to keep any of the money it has raised. I think any settlement will require an outside auditing of Axanar's books, because as we've all commented on here, the "annual report" is a joke. I think the studios will want Axanar to turn over any records related to its relationship with Indiegogo and Kickstarter, because let's not forget they were the major financial beneficiaries in all this. And obviously, Axanar will have to destroy any copyrighted materials still in their possession (patches, Blu-rays, etc.)

Where does that leave the donors? My guess is there won't be much left for them. Remember, Axanar (or maybe Peters individually, I don't know) will still be on the hook for the Ares Studios lease. That plus other legal expenses related to any settlement will probably destroy whatever assets Axanar as a corporation has remaining. Obviously I don't know anything about Peters' personal assets.

Much as I hate to say it, that would be an efficient way for them to virtually destroy the future of crowdfunded fan films. Leave the donors with nothing, let people make a big stink about it, and let the world watch as they lose what they donated with no recourse.

Who would donate to another crowdfunded fan film after that?

If nothing else, fans will hopefully learn to ask more questions the next time someone with no track record of making movies comes along and demands hundreds of thousands of dollars.
 
Well, fan films thrived for at least a decade before online crowdfunding became a thing. New Voyages/Phase II did a lot of their best stuff without it, Exeter did both of their shows without it, Farragut did pretty well by other means, and I don't believe Intrepid's ever solicited money through the crowdfunding sites. Hidden Frontier, of course, came and went before such things existed.

I think the lesson here is a fan film should be an end in and of itself, not a means to some other end.
 
Since I'm thinking of crowfunding, in general. It might make sense, as this has been abused to many times, if the crowdfunding companies had some sort of requirement or you pay back "X"% of the funds to donors if you fail. Something like setting a deadline for a certain launch or production start point or you have to reimburse 50% (for an example) of donated funds. Might curtail some of these campaigns that make big promises then just vanish when the money pays out.
 
David Gerrold (born January 24, 1944) is an American science fiction author known for his Star Trek script "The Trouble With Tribbles" as well as for some other things that, while undeniably pretty cool, won't make it into the headline or first two paragraphs of his eventual Variety obit.

In the very unlikely event that they dramatize all this Axanar/CBS feud for a TV movie or something, maybe they can get John Cusack to cameo as David Gerrold again.
 
I figure that CBS legal is going to have a nice little brunch with the legal departments of Kickstarter and Indigogo and talk over the need for those companies to police their campaigns for IP theft a little better.

Say CBS/Paramount file a suit against Kickstarter and Indigogo over this too. Could the crowdfunding platforms go after Axanar too?
 
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Since I'm thinking of crowfunding, in general. It might make sense, as this has been abused to many times, if the crowdfunding companies had some sort of requirement or you pay back "X"% of the funds to donors if you fail. Something like setting a deadline for a certain launch or production start point or you have to reimburse 50% (for an example) of donated funds. Might curtail some of these campaigns that make big promises then just vanish when the money pays out.

The only way I can see that working is if the funds were somehow held in escrow. Basically offer the project a low-interest loan, secured by donor money; if the project is completed, the project gets the money, otherwise the donors are refunded.

That would put the crowdfunding site on the hook for keeping things real instead of helping whatever idiot decides he wants to scam someone (and that isn't a dig at Peters; there have been far worse campaigns than Axanar).
 
David Gerrold (born January 24, 1944) is an American science fiction author known for his Star Trek script "The Trouble With Tribbles" as well as for some other things that, while undeniably pretty cool, won't make it into the headline or first two paragraphs of his eventual Variety obit.

In the very unlikely event that they dramatize all this Axanar/CBS feud for a TV movie or something, maybe they can get John Cusack to cameo as David Gerrold again.

We could always crowdfund our own movie about this. I mean, I don't know anything about producing movies, but why the heck should that stop me?
 
SeerSGB:
Going through the publisher's website...dear lord it's knock off city some of those designs. lol

Ah come on the design of the Imperial Scout looks absolutely nothing like the Imperial Star Destroyer... nope no infringement here...
 
David Gerrold (born January 24, 1944) is an American science fiction author known for his Star Trek script "The Trouble With Tribbles" as well as for some other things that, while undeniably pretty cool, won't make it into the headline or first two paragraphs of his eventual Variety obit.

In the very unlikely event that they dramatize all this Axanar/CBS feud for a TV movie or something, maybe they can get John Cusack to cameo as David Gerrold again.

We could always crowdfund our own movie about this. I mean, I don't know anything about producing movies, but why the heck should that stop me?

Hasn't stopped others.
 
SeerSGB:
Going through the publisher's website...dear lord it's knock off city some of those designs. lol
Ah come on the design of the Imperial Scout looks absolutely nothing like the Imperial Star Destroyer... nope no infringement here...

"I know a genuine Panaphonics when I see one! And look, there's Magnetbox and Sorny!"
 
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