CBS/Paramount sues to stop Axanar

[Karzak]

He's benefiting in other ways, too.

Have you seen his office at Ares? Looks like someone set up to be there for the long haul, not someone just there to direct a picture and GTFO when its done (you know, the way most directors function) .

Source: RMB's Instagram page:

(Note the Axanar coffee in the lower right corner, just under the Enterprise's deflector dish)


Also relevant:

"A page one rewrite..." suggesting at least two drafts now of the Axanar script.

And just for kicks, a clapperboard with the unmistakable "STAR TREK AXANAR" logo:

 

[BillJ]

How were they beginning production back then when their sets still aren't finished now?

 

[MikeH92467]

Can he do that? That would be telling a business how to operate. Seems like he would be exceeding his authority there.

My point exactly.

 

[Amaris]

How were they beginning production back then when their sets still aren't finished now?

Ye gods, this is going to be such a clusterfuck.


I mean, moreso.

 

[BillJ]

Ye gods, this is going to be such a clusterfuck.


I mean, moreso.

It just perplexes me because Burnett is suppose to be a professional director. Surely he knew they weren't ready to start production with no actors signed and incomplete sets?

 

[Karzak]

Well, to be fair -- the clapperboard photo is from 36 weeks ago, which would make that about nine months? That was probably referring to the Vulcan scene they shot last summer.

 

[jespah]

Okay, I'm really ignorant here, but...

...If they successfully got the case dismissed on these grounds, wouldn't that in essence relieve them of the burden of having broken the law up to this point, while effectively preventing them from ever moving forward with the movie as described?

IOW, they get to keep everything they've acquired because there are no damages, no finding of violations, etc - as long as they never actually produce something more than they already have using CBS IP.

CBS/P would just refile. There's no double jeopardy like there is with criminal matters. The matter would likely not be dismissed with prejudice because there's no allegation that the case was brought in bad faith. This is not a SLAPP suit or a harassment matter.

 

[nx1701g]

So I haven't been around since the 100s. Did I miss anything good?

 

[Amaris]

So I haven't been around since the 100s. Did I miss anything good?

You missed everything, including the party, where @BillJ lost a tooth trying to open a bottle of champagne. It ended up just being someone's ashes.

Serious note, though, no, you haven't missed much of anything legal-wise. Yesterday, Axanar responded to the suit by dismissing it, and claiming their production is a "mockumentary," and therefore parody, which is usually safe when encroaching on someone else's IP. The last few pages have been hashing out just what all of that could mean for both CBS, and Axanar.

 

[nx1701g]

^ Interesting. I also just noticed Red Omega has been commenting in the Hollywood Reporter article comments.

 

[RedForman]

Ye gods, this is going to be such a clusterfuck.


I mean, moreso.

This guy's gotta have an ego on par with Alec's - watching C/P force-feed him some humility is going to be scary almost.....

 

[therealsb63]

Webster's disagrees with you:

Definition of mockumentary
plural mock·u·men·ta·ries

1. : a facetious or satirical work (as a film) presented in the style of a documentary

So does Oxford. So does Wikipedia. So does MacMillan. And Collins. And the Free Dictionary. The elements of parody, facetiousness, wit, humor, irony or satire are core elements of the word, even if applied to works not overtly ha-ha hi-larious.

You could split hairs over whether mockumentary covers what Prelude is, or whether "docufiction" or "fictional documentary" is a better term for the film, but the fact remains that Winston & Strawn chose its term very deliberately. They wanted to divorce what CBS calls the combined "Axanar Works" into two separate parts — one, a short parody covered under fair use, and the other not yet created so covered under prior restraint, enabling producers to get it made and only then be subject to assessment of its copyright infringement.

Maybe so, but apparently the definition that counts is the one referenced in the document.

The bogus documentaries they do for Shark Week are also considered mockumentaries.

 

[Squiggy]

HAI GUYS!

So, what's next? Do we have to wait another month or will this happen suddenly and without warning?

 

[Indysolo]

^ Interesting. I also just noticed Red Omega has been commenting in the Hollywood Reporter article comments.

In the past people have faked being Alec in discussions, so be wary. I admit this does sound like him though.

Neil

 

[muCephi]

Webster's disagrees with you:

Definition of mockumentary
plural mock·u·men·ta·ries

1. : a facetious or satirical work (as a film) presented in the style of a documentary

the real mocumentary would be their announced plan to film a "making of..." about their struggle to succeed.

The essence of the defense argument is that until the film is complete, it cannot be assessed as having infringed copyright, and that any attempt to keep it from proceeding is a First Amendment-busting illegal prior restraint.

If CBS has to narrow their claims to the one published scene and circumstantial evidence like assertions by Axanar principals in the podcasts, the online store etc, then how much could they expand their claims back out with discovery? And how likely is it that Axanar emails prior to the lawsuit even exist anymore? After all, they could have been "lost in the hosting transfer"...

Robert Burnett's salary in the Axanar report doesn't include activity since its reporting period, including preproduction, shooting and post-production for the Vulcan Scene.

Its the most transparent production since the invention of super PACs.

How were they beginning production back then when their sets still aren't finished now?

did you ever buy vols 1 and 2 of a monthly encyclopedia series back at the grocery store in the day?

CBS/P would just refile. There's no double jeopardy like there is with criminal matters. The matter would likely not be dismissed with prejudice because there's no allegation that the case was brought in bad faith. This is not a SLAPP suit or a harassment matter.

And if they are really pissed, they are likely already working on that option.

^ Interesting. I also just noticed Red Omega has been commenting in the Hollywood Reporter article comments.

pretending to be a bystander?

 

[CaptGrumpy]

If a judge granted a dismissal, I would think he would also have to order C/P to issue a set of formal guidelines. I don't see it happening, but I'm just guessing.

I think that if the judge dismissed on these grounds, it'd be the end of fan films and fan-fic. TPTB may not want to go thru the hassel of dealing with violators again and become more aggressive.

 

[Karzak]

Good lord, those Red Omega posts on THR sound EXACTLY like Peters ... accusations that posters "can't read," referring to himself in the third person, viciously claiming that $38K is not profit, or that he could still be paid a salary and it still wouldn't be profit.

I'm leaning more toward that actually being ol' Darth Garth.

Also: god bless CMD+SHIFT+4.

 

[muCephi]

Good lord, those Red Omega posts on THR sound EXACTLY like Peters ... accusations that posters "can't read," referring to himself in the third person, viciously claiming that $38K is not profit, or that he could still be paid a salary and it still wouldn't be profit.

I'm leaning more toward that actually being ol' Darth Garth.

Also: god bless CMD+SHIFT+4.

you know, come to think of it, everyone works for free in the end... maybe its just a very deep spiritual argument...

 

[CaptGrumpy]

You know, as I reread my previous post, I wonder if Alec's 15 min of fame well be worth it. He could become a pariah in Fandom, the guy who ruined it for everyone.


Nah, the way things are, he'll probably be hailed as a martyr...at least in some circles.

 

[muCephi]

You know, as I reread my previous post, I wonder if Alec's 15 min of fame well be worth it. He could become a pariah in Fandom, the guy who ruined it for everyone.

Nah, the way things are, he'll probably be hailed as a martyr...at least in some circles.

let it touch Star Wars fans and watch what happens...