CBS/Paramount sues to stop Axanar
- Thread starter Richard Baker
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I wonder when the explode into popcorn moments of donors will reach a dull roar. The oil is plenty hot and he's stirring it very effectively.
or the master chef who you serve at your restaurant tells you "this is clearly the best you will ever achieve".
"Well, in my opinion (I am a lawyer by training, so a little qualified to render an opinion here)..."
Neil
thanks. would you happen to know what this means about who actually owns the donations, and the things bought by the donations, and who has legal say over how the donations are spent?
Unless there are other shareholders, Alec owns everything and makes all the final decisions on how the money is spent.
especially the end of the article:
"So we can all breath a bit easier now and know that our beloved fantasy games are, for the moment, safe from the clutches of the professional sports unions. I mean these guys don't make enough money without once again screwing the guys who support them? Bad enough I have to eat $ 6 hot dogs and $ 8 beers at a game. Now you want a piece of my fantasy team?
Justice is served.
Alec"
Makes it easy for CBS to know who to destroy.
I was thinking more about the crowdfunding model that can direct millions of dollars to an individual without any mechanisms of accountability. Seems almost certain that the feds will step in at some point and use consumer protection standards to make an accountability framework and *as long as they are on the topic* better visibility of the funds for tax purposes.
And the other shoe drops:
"PROMETHEUS.
Whom the Gods would destroy they first make mad."
— Henry Wadsworth Longfellow, The Masque of Pandora
I like how Alec can't even keep his stories straight for more than a day.
"Hey, the 1701 interview was a set-up. I said totally nice things about all those other shitty productions!"
"Ah, you know, I was just being honest about those shitty productions being shitty productions."
Even if he somehow manages to get out of this I don't see how he'll make any ground in the fan film community. He pretty much burned all the bridges at this point.
"Hey, the 1701 interview was a set-up. I said totally nice things about all those other shitty productions!"
"Ah, you know, I was just being honest about those shitty productions being shitty productions."
Even if he somehow manages to get out of this I don't see how he'll make any ground in the fan film community. He pretty much burned all the bridges at this point.
I think it's interesting that he keeps harping on the fact that CBS and Paramount are shutting him down because Axanar is too good/too professional/too high quality.
Benefit of the doubt let's say that's true. Seriously, let's just play devil's advocate and give in to that statement: let's assume that CBS and Paramount truly just don't like that Axanar is so good and of professional quality.
First, that's a perfectly valid and understandable reason to want to shut someone down. He even admits, and is correct when he says that, other fan productions would never be confused for the real thing-- implying that his would.
Right there, acknowledgement of "brand confusion" would support the plaintiff's argument and (I'd think) sway a judge to not only rule in CBS' favor, but come down hard on Axanar: because these acknowledgements suggest this wasn't an honest mistake, but premeditated. They prove he knew what he was doing, and indicate pretty strongly that he'd know they might object.
Because the one of the primary purposes of copyright law is to protect brand confusion and dilution.
Why does he think that will help him in court? Does he really think the judge is going to turn to him and say "well, you're right, and you know what, CBS? That's not fair. Screw established rule of law, i'm going to let this man make his movie because it's going to be awesome!"
Benefit of the doubt let's say that's true. Seriously, let's just play devil's advocate and give in to that statement: let's assume that CBS and Paramount truly just don't like that Axanar is so good and of professional quality.
First, that's a perfectly valid and understandable reason to want to shut someone down. He even admits, and is correct when he says that, other fan productions would never be confused for the real thing-- implying that his would.
Right there, acknowledgement of "brand confusion" would support the plaintiff's argument and (I'd think) sway a judge to not only rule in CBS' favor, but come down hard on Axanar: because these acknowledgements suggest this wasn't an honest mistake, but premeditated. They prove he knew what he was doing, and indicate pretty strongly that he'd know they might object.
Because the one of the primary purposes of copyright law is to protect brand confusion and dilution.
Why does he think that will help him in court? Does he really think the judge is going to turn to him and say "well, you're right, and you know what, CBS? That's not fair. Screw established rule of law, i'm going to let this man make his movie because it's going to be awesome!"
So we can all breath[e] a bit easier now and know that our beloved
I had Carlos read something I wrote once ... he smiled, and said, "You spelled everything correctly!"
I don't think the plan is to argue in court whether or not Axanar would be confused with Star Trek. That's not the defense they are going with--that Axanar wouldn't cause brand confusion.. It seems, per their lawyer, they are going to argue CBS/Paramount has basically waived their rights away because of all the other fan films that didn't get a lawsuit. So, for Team Axanar, it doesn't matter if they look more or less like Trek. For them, they should be able to make a fan film because everyone else has. (A defense that I think is pretty stupid, but, whatever.)
My point exactly: why does he keep harping on this? It's not going to help him. In fact, by saying that the high quality is why they've taken him down, he's acknowledging that he's NOT just like all the others-- something he and his side would need to argue to have a chance at a waiver defense.
if you object during jury selection until you get a jury that has little exposure to Trek, most fan films probably would look pretty much the same to that jury. Not to mention the press and jury would bored out of its minds by geek arguments over what is or is not substantially the same as the Trekiverse.
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He's harping on it because he's proud of what he thinks he has and will accomplish. Nothing more nothing less. If you are looking at what he is doing like he is a rational man with a plan, that ship sailed long ago when he got served and decided to double down.
It's almost like he doesn't have competent counsel. Does he even talk to his attorneys?
Peters' insistence that this is why he's being sued is just another demonstration of his intent to make Axanar using Star Trek IP. That cup runneth over.
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