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CBS/Paramount sues to stop Axanar

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Squiggy said:
If you can't handle the slightest amount of criticism, then certainly you should work in Los Angeles - specifically, making movies for a franchise that's never once been criticized by it's own fans.
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At a gig smeone once walked up to me and took great pleasure in telling me I stunk that night. I think the word was "abysmal." I've had people go much further (one followed me home, or tried to) and had snide comments in the press. It happens. You shrug and move on.

I'm a small, tiny piece of a nothing puzzle. I'm supposed to be the petty type that gets wound up easily. He wants to be a producer in Hollywood.

He's no clue what he's in for, is he?

ThankYouGeneR said:
This happened just recently? Is this blog on FB? (I can't see FB because I don't have an account)
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Only just happened last night and made me wonder if he was alerted or has been scanning shares to see comments. the latter wouldn't surprise me.

I rarely use FB (hate it) but ranted on my site (direct link) though nothing special as I can never be bothered doing anything with my own personal site and it ends up just being a collection of things that annoy me :p

Peters' replies are here and here. No reply since (not surprised!)
 
This Erin R. Ranahan person sounds like she means business. And she has the bonafides to prove it.

Here is the Law360 piece on her (if it hasn't been posted before). It details her approach to similar IP cases.

No matter how this turns out, I'll bet once this is all settled both sides will claim victory.
 
lurok said:
Very interesting. If Ranahan quotes accurate, much more emollient approach than AP.
Though why CBS/Paramount would settle is still beyond me.
But it's their time and money.
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"independent" groups are going to be able to make better and better copies of the recognizable cgi and physical elements of productions as automation improves, and integrate actors into it more and more cheaply. so what are IP holders to do about this arms race? The cloning literally can't be stopped.

I think IP holders have to draw a line at brand confusion, since diverting cash cow dollars from the limited pockets of brand fans is the bottom line.

In this light, I just can't see the studio allowing an "independent professional as good as or better product" group inside the tent, even as a "just this once" exception, or as a "fair use" exception, especially when money is being captured.

Whether the attorney can pull off a "gotcha" against CBS to allow this one production to claim legitimacy I don't know. I would surprise me.
 
HaplessCrewman said:
This Erin R. Ranahan person sounds like she means business. And she has the bonafides to prove it.

Here is the Law360 piece on her (if it hasn't been posted before). It details her approach to similar IP cases.

No matter how this turns out, I'll bet once this is all settled both sides will claim victory.
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She has some great quotes, but it's still bluster. It could be accurate bluster, but still bluster. Just like the bluster on the CBS/P side ... oh wait, they are not blustering.
 
HaplessCrewman said:
This Erin R. Ranahan person sounds like she means business. And she has the bonafides to prove it.

Here is the Law360 piece on her (if it hasn't been posted before). It details her approach to similar IP cases.

No matter how this turns out, I'll bet once this is all settled both sides will claim victory.
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She's talking "amicable settlement" in her very first interview on the subject. She knows she's lost, her job is to keep Peters from getting cleaned out by CBS.

Axanar will never get made in its current form.
 
BillJ said:
She's talking "amicable settlement" in her very first interview on the subject. She knows she's lost, her job is to keep Peters from getting cleaned out by CBS.

Axanar will never get made in its current form.
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How much you wanna bet this "amicable settlement" will be claimed as a 'victory' by Peters?
 
Michael Hinman said:
She has some great quotes, but it's still bluster. It could be accurate bluster, but still bluster. Just like the bluster on the CBS/P side ... oh wait, they are not blustering.
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I'm not convinced it's bluster. In the past weeks of this I've been reading online where lots of this is actually happening. I think she's anticipating something she can pull off. For some while now I've been thinking the studio will stay as is, as will Ares Digital. And that CBS/Paramt's bottom line is the movie, and IF it proceeds at all, will proceed as generic sci-fi. I think it will settle with both sides scoring Win. And guide lines for fan productions will be defined.
 
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I will be amazed, awed, and gob-smacked if Ms. Ranahan can pull this off as fair use or transformative. I just don't see how the movie can be transformative (using the IP for a different purpose) when it is the telling of the story of a major battle in Federation history. She basically says they used only the IP they needed, and the rest is their own creation. Only using what's needed to produce what is essentially a totally new product is an argument in favor of fair use. It's true the battle itself might be their creation -- who the enemy is, the details, some new characters, and all -- but the event, even though it was mentioned only in passing, is part of Trek canon. An audience of Trek fans would watch the movie, and it would become the Battle of Axanar in Trek history for them. That's the other problem I see in saying this is transformative. He is making this movie for a "Star Trek" audience (fans). The same audience CBS courts. The very idea that some of these fans now say they will boycott CBS Trek proves there could be damages in the loss of fans, however slight, from the production of Axanar. I just don't know how it can be transformative. Which is, again, why I'll be gob-smacked if they pull it off.
 
Dennis said:
It's a given that anyone holding their breath waiting for any acknowledgment of either responsibility or acceptance of punishment as legitimate from him is going to suffocate.
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Technically, you would only pass out. But if you were doing so while in a rising open air balloon, you might succeed.
 
ThankYouGeneR said:
I'm not convinced it's bluster. In the past weeks of this I've been reading online where lots of this is actually happening. I think she will pull it off. For some while now I've been thinking the studio will stay as is, as will Ares Digital. And that CBS/Paramt's bottom line is the movie, and IF it proceeds at all, will proceed as generic sci-fi. Like the above poster mentions, I think it will settle with both sides scoring Win. And guide lines for fan productions will be defined.
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I suppose CBS literally taking the donated funds for itself would be toxic. As I suggested before, they could say they will work with the crowdfunding sites through a legal intermediary to disperse the damages back to donors to the extent possible. This way they could proceed with full force on their claims but still show respect for the fanbase.
 
Franklin said:
I will be amazed, awed, and gob-smacked if Ms. Ranahan can pull this off as fair use or transformative. I just don't see how the movie can be transformative (using the IP for a different purpose) when it is the telling of the story of a major battle in Federation history. She basically says they used only the IP they needed, and the rest is their own creation. Only using what's needed to produce what is essentially a totally new product is an argument in favor of fair use. It's true the battle itself might be their creation -- who the enemy is, the details, some new characters, and all -- but the event, even though it was mentioned only in passing, is part of Trek canon. An audience of Trek fans would watch the movie, and it would become the Battle of Axanar in Trek history for them. That's the other problem I see in saying this is transformative. He is making this movie for a "Star Trek" audience (fans). The same audience CBS courts. The very idea that some of these fans now say they will boycott CBS Trek proves there could be damages in the loss of fans, however slight, from the production of Axanar. I just don't know how it can be transformative. Which is, again, why I'll be gob-smacked if they pull it off.
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I'll bet ya :)
 
ThankYouGeneR said:
I'm not convinced it's bluster. In the past weeks of this I've been reading online where lots of this is actually happening. I think she will pull it off. For some while now I've been thinking the studio will stay as is, as will Ares Digital. And that CBS/Paramt's bottom line is the movie, and IF it proceeds at all, will proceed as generic sci-fi. I think it will settle with both sides scoring Win. And guide lines for fan productions will be defined.
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CBS has to send a message here. They just can't tussle Peters hair, tell him to file the serial numbers off of Axanar and send him on his way. They do that, they are going to go through this again and again.

They'll get blood.
 
ThankYouGeneR said:
I'm not convinced it's bluster. In the past weeks of this I've been reading online where lots of this is actually happening. I think she will pull it off. For some while now I've been thinking the studio will stay as is, as will Ares Digital. And that CBS/Paramt's bottom line is the movie, and IF it proceeds at all, will proceed as generic sci-fi. I think it will settle with both sides scoring Win. And guide lines for fan productions will be defined.
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If you're going to keep saying this I'm going to have to keep asking you for links and examples. Otherwise the subject cannot be sensibly discussed.
 
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