CBS/Paramount sues to stop Axanar

[Michael Hinman]

We will see, then, whether CBS or the judge disputes the chosen definition.

Yes. That is what we SHOULD be doing. In the meantime, until the definition is disputed (if it ever is), we should stick with Ranahan's definition. Because unless it's successfully challenged, that is the definition that will be used, at the very least, for this motion.

Given the apparently common usage of the term strongly asserts parody, and parody is a key defense for fair use, CBS might take objection to the definition.

Except this is not identifying defenses. It's a technical motion reviewing technical merits.

The court case is for CBS/Paramount to prove their gripe, and the defense to prevent them from proving that gripe. That is not this motion. This motion is saying that CBS/Paramount didn't air those gripes properly.

Usually a motion like this would talk about jurisdictional problems, like, "This isn't the right court to hear this." So let's say that this was filed in a state court, and copyright is based on federal law. Ranahan could argue that this was filed in the wrong court, that it should be in federal court. And a judge would likely agree.

But the ruling doesn't mean that CBS and Paramount were wrong about the copyright infringement claims ... it just means there was a technical problem in the way it was filed.

Does that make sense?

In the meantime, it puts an onus on reporters/bloggers to point out that the definition submitted is not in alignment with the definition which will be found by searching for the term.

From Dictionary.com (http://dictionary.reference.com/browse/mockumentary?s=t)

a movie or television show depicting fictional events but presented asa documentary.

That looks to be quite in alignment to me.

 

[Squiggy]

It just bugs me that this relationship turnover was never discussed anywhere. They have been presented as a happy couple up until now. It feels like another secret Alec kept from the donors. Tony Todd, anyone?

I realize Diana may continue in her role as the fulfillment director and be perfectly happy, but it just looks sneaky.

Who sleeps with whom is of no consequence to this. If she is still in her role of fulfilling perks, then that is relevant, but let's let their personal lives be separate.

 

[BillJ]

I don't want to get into Peters' personal relationships (because despite what that moron thinks, I don't care) ... however, just because they are broken up doesn't necessarily mean that they have a bad relationship.

It just makes one wonder if cracks are forming in the Axanar leadership.

 

[Karzak]

Um... wat?

Unless you donated to their relationship agreement, no.

Yeah, the personal relationship is none of our business.

 

[Squiggy]

Having one's personal and private lives intertwined like that is always risky and if the actions of one (either directly or indirectly) causes a bunch of people to be sued then that stress is enough to break up most marriages - much less a more casual relationship.

Also: don't dip your pen in the company ink.

 

[#1RealTrekFan]

Yeah, we don't want to appear to be Haters.

Yeah, the personal relationship is none of our business.

 

[Jay]

I don't know AP personally, so I can't hate HIM. I DO hate all I've read about him doing, and his behavior as I've seen it. If that makes me a hater, then so be it.

 

[Franklin]

For the 500th time here ... the motion to dismiss or strike is not listing defenses. It's a technical argument to try and throw the case out (or reduce it greatly) based on technical aspects of the case. This is not their defense or anything like it.

They are not dealing with the law itself at the moment, but instead at what they believe (and hope) the court will require of the plaintiffs in filing the suit.

It's like if we're playing Scrabble. You put a word on the board, and I challenge it. That challenge could change the game in some way (like switch leads), but it really has nothing to do with your overall play-style.

Ranahan isn't looking for the best tiles right now. She's simply challenging a single word. And it's up to the dictionary, er judge, to determine if she's right or wrong.

We are all hung up on "mockumentary," but it's just a descriptor. It could suggest what she plans on using as a future defense and the like, but this is not an answer to the complaint. It's a response in the form of a motion. Nothing more. Nothing less.

I realize the motion isn't a defense or a setting of a strategy. It would be very odd to lay out a defense in a motion to dismiss. However, she does have to describe why she thinks there's no grounds from some of these allegations, and I guess I find her reason in the "Prelude" situation, it's a mockumentary as she defines the term, to be unacceptable or not appropriate in my opinion. We'll see what the judge thinks.

 

[Wowbagger]

BACK OFF TOPIC

I've also been involved with the soundtrack re-issues for the first 10 Star Trek movies. I was an editor on II, III, IV, VI and FC and I got "Production Assistance" credit on TMP, V, GEN, INS, and NEM. I've also been involved with the TNG and DS9 album re-issues in various capacities. More Trek projects are currently in the works.

Please, please, please, please, please, please tell me that Jay Chattaway's marvelous "Azati Prime" score is finally going to see the light of day. I've bought all the TV stuff so far (except Complete TOS, which I just couldn't afford!), but that's the score I lust after.

Anyway, your work is awesome and I'm glad to know you.

 

[Jedi_Master]

If the new series is being made by CBS, and has been announced as not be connected to Star Trek Beyond, why would they need "the Paramount/Abrams blessing"?

Not sure what point there is in arguing about whether or not the new series will have any production connections to nuTrek.

So let me see if I can sum up what's happening right now.

Axanar has filed a Motion to Dismiss based on some technicalities that can easily be remedied by an amended complaint should the judge choose to accept their merits, and the Hail Mary "Well we haven't done anything so you can't be mad at us" defense - which could also be addressed with an amended complaint.

Since the judge and court in that district - unlike us - has other things to do the next hearing on this case will be sometime in April, although both the Plaintiffs and the Defendants will get to file more paperwork in the meantime.

Axanar no longer has any public FB groups, and has booted numerous individuals from both the "fan" group and the "donor" group. Alec has used his various ID's to argue with other posters in the comments section of virtually any news article on the subject.
Axanar's lawyers are making a few comments here and there in the press, while the CBS team so far has been silent beyond the re-release of their basic objections.

Recently -their appears to have been some changes in Alec Peter's personal life, but the impact of such changes on Axanar Productions is unknown.

Did I miss anything?

 

[Karzak]

BACK OFF TOPIC

Please, please, please, please, please, please tell me that Jay Chattaway's marvelous "Azati Prime" score is finally going to see the light of day. I've bought all the TV stuff so far (except Complete TOS, which I just couldn't afford!), but that's the score I lust after.

Anyway, your work is awesome and I'm glad to know you.

Are you aware that LaLaLand is having a site-wide 25% off sale right now, including that marvelous TOS Box set? The work they did on it is fantastic, and well worth the expense.

 

[Jay]

Did I miss anything?

Nope. You are a well-versed snowflake.

 

[Jedi_Master]

Nope. You are a well-versed snowflake.

I figured I could make a useful "Rest Stop" post for the poor souls trying to wade through a few hundred pages at a time.

 

[Karzak]

Don't forget the doxxing!

 

[Wowbagger]

Are you aware that LaLaLand is having a 25% off sale right now, including that marvelous TOS Box set? The work they did on it is fantastic, and well worth the expense.

If I get the raise I'm hoping for this year, it'll be mine all mine. Until then, sadly, my wife insists that I spend the money on her favorite luxury items, like "food" and "medical insurance." Bah!

 

[CaptGrumpy]

If I get the raise I'm hoping for this year, it'll be mine all mine. Until then, sadly, my wife insists that I spend the money on her favorite luxury items, like "food" and "medical insurance." Bah!

Wow, man. She needs to get her priorities straight

 

[Jedi_Master]

Don't forget the doxxing!

Ah yes...

Alec Peter's and Co. response to anything posted, commented on, or linked to that they consider to be "negative" has ranged from passive-aggressive dismissal to rage and alcohol fueled harassment and direct attack.

 

[Indysolo]

If I get the raise I'm hoping for this year, it'll be mine all mine. Until then, sadly, my wife insists that I spend the money on her favorite luxury items, like "food" and "medical insurance." Bah!

Have you explained to her that music is the best medicine?

Thank you for the kind words.

Neil

 

[Admiral Cain]

Who sleeps with whom is of no consequence to this. If she is still in her role of fulfilling perks, then that is relevant, but let's let their personal lives be separate.

I agree, it just that the donors were so supportive of them as a couple, and and some people talked about Axanar being "family", I just thought a little bit of "Hey guys we've parted ways but Diana is still on the team, thanks for your support" might have been good PR. Their donor relationship seems to be closer than your average business, with folks feeling like they are really part of the team that is making the movie.

 

[carlosp]

I had dropped this myself, having read the comments here; but then I looked in Wikipedia and at the Google results for the term.

If a reader of a press release looks up the term, the explanation they get is absolutely not just "a fiction in documentary form", the way a "mock trial" is a trial in its real form just not in a legal court, or "mock duck" is just imitation duck. The explanation presented is overwhelmingly that the term refers to parody, and *many* examples are given of the industry's own use of the term in this context. "This is Spinal Tap" stands out to me as an example.

Given this situation, I guess I have to see the introduction of the term as an attempt to mislead the press and public by framing the discussion vocabulary. Prelude was plainly a work of fiction based on its own inner story using Trek IP and a set up for that story to be told. It aimed to carve out a slot within which to graft on the mocu-studio's works to the Trek timeline. It was not in any way a commentary upon Trek, or a parody.

Indeed. Burying their definition in a footnote gives them plausible deniability. Lawyers choose their words carefully, and not always for legal clarity but for public obfuscation.