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CBS/Paramount sues to stop Axanar

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I somehow think Alec won't be getting a Christmas card from Mr Cawley this year... Wonder if he realised just how much that could peeve off a close friend? Especially after Alec repeatedly talked about not working with pro's down on the NV's set in a podcast (he may have used the term amateur but don't quote me, has been a while since I listened to that podcast)

Its all getting a little sad now.
 
If the waiver defense gains even a bit of traction, not success, just traction, you can bet Disney lawyers and other IP holders will start sending out C&D requests to every fan film, fan fiction and I wonder Cos Play contests. And maybe even artist alleys at comic book conventions.

If you have to rigorously defend copyright..... Oh, boy.
 
If the waiver defense gains even a bit of traction, not success, just traction, you can bet Disney lawyers and other IP holders will start sending out C&D requests to every fan film, fan fiction and I wonder Cos Play contests. And maybe even artist alleys at comic book conventions.

If you have to rigorously defend copyright..... Oh, boy.

The fact that they are going with a Waiver defense, to me suggests that their strategy isn't to win, rather to limit the damages. As has been hashed out here lots, selective enforcement of copyright is permitted, however, selective enforcement may limit the damages that can be awarded. I think Peters is less concerned about making the film at this point, and more focused on keeping his personal assets intact. But that's just my laymen's understanding of the law, trying to make sense of this strategy.
 
There is no way a competent or sane law firm would have taken the case intending to "win." There was no way to win here. All of the law firm's comments have indicated that they see a way to settle the case in a way that leaves at least some dignity/funds/testes intact. Even Alec admits in the interview that they hope for a settlement. In any case, he has buried his career. It's back to selling snake oil... I mean "stage used props."
 
Genuinely, I've was ambivalent at the start of all this. Saw prelude, thought it was okay - was interested to see the final product.

This is getting more bizarre by the day though.

Peters is an actual arsehole.
 
Do I understand correctly that CBS and Paramount would likely have turned a blind eye to Peters, all other things being equal, had it been for him paying himself and his domestic partner a salary? Could all this really have been avoided, save for that?

Possibly, but I wouldn't be able to guess how likely. I think there's a number of factors at play for CBS and Paramount, but certainly the money is a big piece of it.

If the waiver defense gains even a bit of traction, not success, just traction, you can bet Disney lawyers and other IP holders will start sending out C&D requests to every fan film, fan fiction and I wonder Cos Play contests. And maybe even artist alleys at comic book conventions.

I'm not so sure. If it it somehow managed to be successful, the amount of expense to so vigorously uphold their copyrights from very minor violation under the sun just to stop the bigger ones would be ASTRONOMICAL.

No, in the event that it was getting any kind of traction, it's more likely Disney would assist in the defense for the good of all IP holders. Right or wrong, Disney (and others like them) have used their might to sway copyright law in their favor. And while stopping infringement may seem advantageous, if protection meant they had to litigate every minor infraction-- fan films, youtube clips, fan fiction, fan drawings, etc-- the cost would be too high to allow this to get any traction.
 
If this were to go to a jury trial, my guess is that Axanar could get off with limited damages.

That opinion and $4.50 will get you a cup of Aged Sumatra at Starbucks. ;)
 
I just read through the article, and now I can't help but role my eyes.
First of all, I love how he insists they're not a "fan film" and then gets mad because CBS is taking action against other fan films. This seems to me like a situation where he is trying to make 1+1=3. Either you're a fan film, and you're safe, or you are an independant Star Trek film, which is not allowed.
Specifically calling out all of the other high profile fan films seems like kind of a shitty thing to do to me.
I noticed there is no mention of the fact that he is using Axanar as a launching pad for a professional film studio, or the coffee.

I had a thought about the fact that people are continuing to support Peters. I think this whole thing has turned into a battle between the little guy and the big bad corporation. A lot of people seem to hate the big corporations so much that they will take every opportunity available to express that hate, even if the person they are supporting was the one who did something wrong. I can't help but wonder if that isn't part of what is going on here. People just want to support the underdog no matter what.
 
I...
I had a thought about the fact that people are continuing to support Peters. I think this whole thing has turned into a battle between the little guy and the big bad corporation. A lot of people seem to hate the big corporations so much that they will take every opportunity available to express that hate, even if the person they are supporting was the one who did something wrong. I can't help but wonder if that isn't part of what is going on here. People just want to support the underdog no matter what.

It wouldn't shock me if some donors are still supportive for other reasons. I don't want to get into someone else's head but this was a financial decision they made, however large or small. A lot of people don't want to be told they screwed up in that area, or they weren't as careful as they claim they were. It can be wrapped up in their sense of themselves as mature, prudent, and competent individuals. If they admit they screwed up, it messes with some of their worldview.

I'm just spitballing here of course - it is far from my area of expertise. But I think a lot of folks just don't want to admit they messed something up.
 
Possibly, but I wouldn't be able to guess how likely. I think there's a number of factors at play for CBS and Paramount, but certainly the money is a big piece of it.



I'm not so sure. If it it somehow managed to be successful, the amount of expense to so vigorously uphold their copyrights from very minor violation under the sun just to stop the bigger ones would be ASTRONOMICAL.

No, in the event that it was getting any kind of traction, it's more likely Disney would assist in the defense for the good of all IP holders. Right or wrong, Disney (and others like them) have used their might to sway copyright law in their favor. And while stopping infringement may seem advantageous, if protection meant they had to litigate every minor infraction-- fan films, youtube clips, fan fiction, fan drawings, etc-- the cost would be too high to allow this to get any traction.

C&D orders don't cost as much as trials. And in a trial you can also seek lawyers fees.

And going after people versus losing control over your franchise? They will go after people. Star Trek makes billions. Spending a couple of million a year, that you can write off as a business expense, is nothing.

It's not just Disney that has an interest. It's every studio that has a fan base that likes to make fanfic. It's very comic book company, every fiction universe. Video games. There's a lot of IP out there that fans enjoy writing in, dressing up in, and if a company has to defend their copyright or lose control over it?

I don't think the waiver will work, but I could see council at some studios saying fan films don't do much and not enforcing copyright could cause headaches later, we should stop them now.
 
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