• Welcome! The TrekBBS is the number one place to chat about Star Trek with like-minded fans.
    If you are not already a member then please register an account and join in the discussion!

CBS/Paramount sues to stop Axanar

Status
Not open for further replies.
cultcross said:
I presume if (and I use the word 'if' in its loosest possible sense) Axanar were to go to court and lose, the legal fees of the plaintiff would be imposed on them?
Click to expand...
It's up to the Judge, but usually, that would be the case (that the loser pay the 'reasonable legal fees' accrued by the victor.) What that means is Mr. Peters/Ares Studios/Axanar productions would have a Judgement against them and that would be disclosed to creditors, etc - virtually guaranteeing that no investor/Bank, etc. would touch him; and further CBS/Paramount could put a lien on any property he owns, garnish wages, etc.
 
Noname Given said:
It's up to the Judge, but usually, that would be the case (that the loser pay the 'reasonable legal fees' accrued by the victor.) What that means is Mr. Peters/Ares Studios/Axanar productions would have a Judgement against them and that would be disclosed to creditors, etc - virtually guaranteeing that no investor/Bank, etc. would touch him; and further CBS/Paramount could put a lien on any property he owns, garnish wages, etc.
Click to expand...
But, Ares Studios isn't a registered DBA in California, nor is it a legal entity. There nothing to stop Alec from forming Ares Studios, Inc a subchapter S California Corporation and continuing fundraising.
 
Admiral Cain said:
But, Ares Studios isn't a registered DBA in California, nor is it a legal entity. There nothing to stop Alec from forming Ares Studios, Inc a subchapter S California Corporation and continuing fundraising.
Click to expand...
Yes, he sure can, but again (assuming a lawsuit loss and a massive financial judgement against him) - good luck finding someone willing to invest or loan/donate anything as it will ALL go towards paying off said judgement. (Yes, he could be a silent partner, work 100% in cash only transactions; but again, this is Alec Peters we're talking about, and I doubt his ego could handle such an arrangement. Once he was connected to a business, for profit project pubically; the creditors would descend.)
 
Admiral Cain said:
Well, at this point it's unclear what CBS/Paramount will ask for so if I thought my new career was going to be Hollywood Studio Executive, I would cover my butt and made sure I at least built out the studio and had enough money to pay the rent and utilities until the studio was self sustaining.

I mean, what's to stop him from doing an Ares Studio Kickstarter and keep the studio going even after a settlement? Axanar goes bankrupt, Alec personally goes bankrupt, Ares Studios is formed as a new entity and viola! Back in business.
Click to expand...

Ares Studios was built with funds derived from CBS IP. If I'm CBS, one of the things I'm looking for is that it be shut down.
 
Remember, Peters has been named personally in this suit as well, so his own personal assets (and that include businesses he is sole owner of) could also be threatened by a judgment.
 
But a Chapter 7 would discharge the judgements. So unless CBS can drive to the studio and repossess the contents for resale to satisfy the judgement, the show goes on, no? I don't think CBS is interested in unscrewing the lighting grid from the ceiling or ripping up the carpets, they just want him to stop infringing - and pay some damages TBD.
 
Terry McIntosh said in the Facebook group that bankruptcy has already been discussed as a possible/eventual outcome if Axanar were to lose this case.
 
carlosp said:
Terry McIntosh said in the Facebook group that bankruptcy has already been discussed as a possible/eventual outcome if Axanar were to lose this case.
Click to expand...

And I'm sure the drones considered it to be the best idea since sliced bread. :)
 
As has already been pointed out, to the degree that the studio was funded via illegal use of Star Trek IP, the plaintiffs may argue that it constitutes an "ill-gotten gain," and so should be forfeit. If it were my IP that had been infringed upon, I would argue that.
 
Admiral Cain said:
But a Chapter 7 would discharge the judgements. So unless CBS can drive to the studio and repossess the contents for resale to satisfy the judgement, the show goes on, no? I don't think CBS is interested in unscrewing the lighting grid from the ceiling or ripping up the carpets, they just want him to stop infringing - and pay some damages TBD.
Click to expand...

I thought the bankruptcy laws were changed to make Chapter 7 more difficult to obtain?

http://www.nolo.com/legal-encyclopedia/new-bankruptcy-law-chapter-7-13-30040.html
 
Last edited:
CorporalCaptain said:
As has already been pointed out, to the degree that the studio was funded via illegal use of Star Trek IP, the plaintiffs may argue that it constitutes an "ill-gotten gain," and so should be forfeit. If it were my IP that had been infringed upon, I would argue that.
Click to expand...

I have to agree with this. I mean, if they had any chance here, it would have to be a Chapter 7, not a Chapter 11, as they would need to liquidate assets. But then again, CBS/Paramount with its judgment would likely be the top secured creditor (are judgments considered a secure debt? I can't remember).

And there is a chance a bankruptcy judge won't approve Chapter 7 liquidation, because all the revenue were generated from illegal usage of an intellectual property, if the court rules in their favor.

Also, if there is a settlement, I don't think Axanar or Peters could escape the settlement by filing for Chapter 7, or a personal bankruptcy.
 
I thought one of the purposes of bankruptcy was to wipe the slate clean so you can have a fresh start. If Trump can do it 4 times and still be in business, why not Alec? It's the American way! I'm donating to the Ares Studios Kickstarter. There better be patches.
 
BillJ said:
Ares Studios was built with funds derived from CBS IP. If I'm CBS, one of the things I'm looking for is that it be shut down.
Click to expand...

Is that what the fundraiser said, or did it say the plan was to build a studio and support and make a Trek fan-film (whatever the level of professionalism/amateurism)?
 
Michael Hinman said:
I have to agree with this. I mean, if they had any chance here, it would have to be a Chapter 7, not a Chapter 11, as they would need to liquidate assets. But then again, CBS/Paramount with its judgment would likely be the top secured creditor (are judgments considered a secure debt? I can't remember).

And there is a chance a bankruptcy judge won't approve Chapter 7 liquidation, because all the revenue were generated from illegal usage of an intellectual property, if the court rules in their favor.

Also, if there is a settlement, I don't think Axanar or Peters could escape the settlement by filing for Chapter 7, or a personal bankruptcy.
Click to expand...

I do wonder how they count your income when it is all from a stolen IP?
 
Photoman15 said:
Is that what the fundraiser said, or did it say the plan was to build a studio and support and make a Trek fan-film (whatever the level of professionalism/amateurism)?
Click to expand...

It was all attached to the Star Trek brand from the very beginning.
 
Status
Not open for further replies.
If you are not already a member then please register an account and join in the discussion!

Sign up / Register


Back
Top