That’s exactly my view, jespah, thank you.
If we are going strictly on copyright infringement grounds - i.e., which fan production copied more copyrightable subject matter owned by C/P - then Axanar actually lags a bit behind other productions such as Star Trek Continues, which appropriates wholesale characters, settings, designs, graphic works (such as costume designs) and other copyrightable elements. In fact, if you took a screenshot from a Star Trek Continues episode - say, a scene in a briefing room, sickbay or bridge, it would likely look virtually identical to a screenshot from TOS other than the actors’ faces being different. Certainly much closer, when viewed in the aggregate, to the copyrightable subject matter protected by copyright in TOS than Axanar.
But STC is not sued, while Axanar is. I think that can be chalked up squarely to all of the “off-screen”/”on the side” activities of the Axanar team that put them on a direct collision course with C/P and, IMHO, made C/P feel that their hand had been forced. And not just “forced” from a public relations standpoint - but “forced” in the sense of Axanar willfully colliding with C/P’s other legal rights that, to my knowledge, STC and other films continue to respect - such as using copyrightable subject matter to market ancillary products (the coffee). Such as engaging in unfair competition by free-riding on C/P’s intellectual property and then openly touting “Axanar’s Star Trek product” as being superior to “C/P’s Star Trek product”. Such as, if allegations are to be believed, free-riding on C/P’s intellectual property as a springboard for a competing film production facility.
This is, again, my “yard” metaphor. Axanar had the same chance STC has to play nicely and respectfully in someone else’s yard and then, later, to leave and go back home when asked. They did not do either of those things.
Mike
