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CBS/Paramount sues to stop Axanar

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Oh no, guys... Little Robbie's brought out the only weapon more terrifying than the D7

imov1e.jpg
What the fruit is he prattling on about?
 
I know and in a podcast Alec said he personally guaranteed the last two years of the lease, that he left the impression donors paid the first year's lease and he would pay the next two years out of his own pocket.
If that's the case, he's gonna have to pay himself a lot more than $38k.

In industry, your work can be great when seen in isolation, but if something about how you go about it clashes with red lines or requirements of the industry or the consequences of it going live in the world, your work can be set aside.

If you really want your work to matter and be used, you need to deal with both aspects. I suppose for artistic types, they have business people BTS who clean that all up. Here, the artists seemingly *are* the business people, and it doesn't seem to be working all that well. Maybe that's what they meant by not being a studio (where presumably there is the skill in all the issues required to succeed with doing the activities of that line of business, like PR and licensing and facilities management/budgeting).

Robert Burnett and Alec Peters can't even manage to keep their stories straight. :guffaw:
Seems like they're under the impression that they exist in a vacuum. They kinda do, in a way, because it's obvious they're not getting enough oxygen to the brain.
 
Just a reminder from Axanar's Kickstarter page:

"Risks and Challenges

"There are always risks and challenges when making a film - actors dropping out, locations and/or sets not available, unforeseen costs, equipment trouble, etc. In addition, 'Star Trek' is a licensed property of CBS and so they have the final say in any Star Trek venture. However, the Axanar team has dealt with CBS and knows the landscape that must be navigated. Every member of the Axanar team is a professional who has proven their skills on other projects and films.".

Since when was Peters a professional actor or producer. I ask again, can you just start a business which you have zero professional experience in and declare yourself a professional? If I decide to get money from investors (or worse--donors) and open up a painting business, do I suddenly become a painting PROFESSIONAL?
 
I noted upstream comments culled from elsewhere on the net that the game piece maker for Axanar is maintaining that Axanar told them the maker was acting as a "vendor" to Axanar, and therefore (I think they were saying) shielded from any claims of infringement. What do you think of this concept, and how it may play out for the game piece maker?

In fact, tying into the above, the maker would be liable for direct infringement and the person who told him or her to make it may be liable for contributory infringement or vicarious infringement depending on the facts (and may also be liable direct infringement (again, depending on the facts). So that claim doesn't hold water.

I was initially confused about this myself. Going back and reading through the complaint itself, in para. 10 talking about the Does, it specifically mentions them in relation to the "Axanar works" (Prelude and the main feature). (So he may not be one of the Does per se.........)

It doesn't seem to mention anything about these ancillary activities until you get down to para. 4 of the 'Prayer For Relief' (on pg 15 I believe). It mentions "agents, servants, employees, attorneys, successors, subsidiaries, and all persons, firms, and corporations acting in concert with them" (them being the Defendants)........if the game piece maker wasn't a subsidiary, then I would think he'd qualify as a 'person' or 'firm' acting in concert with them.

Para. 5 then states....

"That the Court enjoin Defendants, their agents, servants, employees, attorneys, successors, assigns, subsidiaries, and all persons, firms, and corporations acting in concert with them, from directly or indirectly infringing the copyrights in the Star Trek Copyrighted Works, including but not limited to continuing to distribute, copy, publicly perform, market, advertise, promote, produce, sell, or offer for sale the Axanar Works or any works derived or copied from the Star Trek Copyrighted Works, and from participating or assisting in any such activity whether or not it occurs in the United States."

That last part right there that I bolded would seem in my mind, to speak to the game piece maker and whoever else is responsible for the stuff in the donor store ('any works derived or copied from.........' which all those wares definitely are). The 'participating or assisting in any such activity' would seem to go one step further and cover all parties not named as Does *(again, all in my opinion - "Hey, we may not be suing you guys, but we're not going to let you play around with Lord Alec and his friends anymore, so run along.....")
 
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Today in a Twitter exchange with @AxaMonitor, Robert Burnett said the studio they've spent hundreds of thousands of dollars on to refit is actually NOT a studio. It's "just a warehouse." They refer to it as a studio in the way an artist calls his workspace a studio. That's a quote. Seriously.

Warning: It's a long Twitter thread, rife with cognitive dissonance.
https://twitter.com/BurnettRM/status/707693784314695680
Except that it's called "Ares Studios" not " Ares Warehouse".
 
In a way, if Peters is truly a fan, I feel sorry for him. Right now, he is the center of attention. But once CBS is done with him, he will be broke and not welcome in the community of fans. Even those who support him right now will bleed away quickly once the discovery phase is made public.

It really is sad. But Peters needs to look in the mirror if he truly wants to know who is to blame for his current situation.

Oh Bill, but there will be the community of STAR WOLF fans, that will adore him.
Wait for WOLFCON2017 somewhere in the CA area. And it will be just the first of many to come...
 
Since when was Peters a professional actor or producer. I ask again, can you just start a business which you have zero professional experience in and declare yourself a professional? If I decide to get money from investors (or worse--donors) and open up a painting business, do I suddenly become a painting PROFESSIONAL?

Sure. A professional is paid for their work. It's their job, not their hobby.

The word professional does not speak to quality. You might be a lousy paint professional and soon go out of business. But if you are paid for the work, a professional nonetheless.
 
Today in a Twitter exchange with @AxaMonitor, Robert Burnett said the studio they've spent hundreds of thousands of dollars on to refit is actually NOT a studio. It's "just a warehouse." They refer to it as a studio in the way an artist calls his workspace a studio. That's a quote. Seriously.

Warning: It's a long Twitter thread, rife with cognitive dissonance.
https://twitter.com/BurnettRM/status/707693784314695680
"You know perjury is a felony, right?"

So much win
 
What is Axanar hoping for? Do you think they are fighting for

1. Continuing to make Axanar as is.
2. Making Axanar in a different universe
3. Keeping the studio/warehouse
4. Not paying damages

From a reasonable viewpoint it seems that CBS would probably settle for 2,3,4. They haven't settled yet so either Alec is trying to insist on making the movie in the Star Trek universe. Or CBS is the hold up and wants to get damages/punish Alec.
 
What is Axanar hoping for? Do you think they are fighting for

1. Continuing to make Axanar as is.
2. Making Axanar in a different universe
3. Keeping the studio/warehouse
4. Not paying damages

From a reasonable viewpoint it seems that CBS would probably settle for 2,3,4. They haven't settled yet so either Alec is trying to insist on making the movie in the Star Trek universe. Or CBS is the hold up and wants to get damages/punish Alec.


5. Keep the money taps open.
 
What is Axanar hoping for? Do you think they are fighting for

1. Continuing to make Axanar as is.
2. Making Axanar in a different universe
3. Keeping the studio/warehouse
4. Not paying damages

From a reasonable viewpoint it seems that CBS would probably settle for 2,3,4. They haven't settled yet so either Alec is trying to insist on making the movie in the Star Trek universe. Or CBS is the hold up and wants to get damages/punish Alec.

I imagine they want to make sure that Peters walks away with no reward for violating their IP. Including the studio.
 
"You know perjury is a felony, right?"

So much win
Nobody's under oath there, but it's certainly the sort of stuff that could be printed and presented as an exhibit. Whether the trier of fact cares about tweets (or allows them to be admitted, as they may not get over the hearsay hump) is another story entirely, but I imagine they will care a lot more about representations made to donors for the sake of getting crowdfunding. Even allowing for advertising puffery (one of my favorite terms from the law. It reminds me of bhatoora), words like 'studio', 'independent', and 'professional' were repeated several times, strongly suggesting they were intentional statements, rather than slips of the tongue. Further, they speak to Prelude and the full-length feature (the Vulcan scene, et al) as being made to compete in the marketplace, rather than serve as parodies of the original works. The contradictory statements certainly speak to questions of veracity/reputation for truthfulness, regardless of whether they are correctly describing anything.

And now I want Indian food for lunch.*

*This is not a bad thing.
 
5. Keep the money taps open.
Alec & Co. still have donor rewards from 2014 they haven't mailed out to their supporters. Over at the Axanar kickstarter site, donors are losing patience asking where their rewards are. Meanwhile Alec & Co. are still asking for donations. What a shameless hustle.
 
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Alec & Co. still have donor rewards from 2014 they haven't mailed out to their supporters. Over at the Axanar kickstarter site, donors are asking where their rewards are. Meanwhile Alec & Co. are still asking for donations. What a shameless hustle.

Too bad we can't send Gar.....I mean **Alec** to Elba II

gw157-garth.jpg
 
Since when was Peters a professional actor or producer. I ask again, can you just start a business which you have zero professional experience in and declare yourself a professional? If I decide to get money from investors (or worse--donors) and open up a painting business, do I suddenly become a painting PROFESSIONAL?

I am sure that if you put on your Ant Man suit, somewhere at some subatomic level you can find an asterick and the word "aspiring" in that claim.

I was initially confused about this myself. Going back and reading through the complaint itself, in para. 10 talking about the Does, it specifically mentions them in relation to the "Axanar works" (Prelude and the main feature). (So he may not be one of the Does per se.........)

that seems definitive, some gooses are cooked...

Oh Bill, but there will be the community of STAR WOLF fans, that will adore him.
Wait for WOLFCON2017 somewhere in the CA area. And it will be just the first of many to come...

All eight of them... :lol:
They'll only need a small venue. Peters might have enough to rent a shelter at a campground. :techman:

AP, after a time, you may find that having just a few rabid fans is not so pleasing a thing after all as wanting them. It is not logical, but it is often true.
 
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