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CBS/Paramount sues to stop Axanar

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Ok, so now I have seen this clip, and thanks to Indy and whomever else, for the Posting!
The most casual and minimal of Star Trek fans could not possibly help but notice the more-than-similarities in this clip, to the Original. In fact, in my opinion, many would not necessarily know they were not watching original Production material, if it stood without the Axanar logo and such. Many of you know how "human" (emotional) I can be, and I am again emotionally torn between wondering why Axanar is even fighting this thing, and wanting someone to finish this thing!!! As I said, after viewing the other clip, no wonder C/P got on to this, with the "duplication" to the original! It probably took the "Star Ship Sweep Pass and Orbit Insert" Lawyers about 2 minutes of viewing...

But, Damn! As to my feeling - purely from what I see on the "screen" - too bad this "movie" could not have been done in a less controversial, and soon-to-be-judged illegal (IMHO) way!
It could have been made and been good if not great, but IMHO two things happened they got creep scope and they became addicted to winning awards for Prelude. Oh yeah and never heard of a convention they didn't go to.
 
Update from http://www.axanarproductions.com/mythbu ... oductions/

After AXANAR is produced, we will still have a roughly $ 250,000 liability on the books for two years’ rent. Someone needs to pay that rent.

As a result, a small group of backers and fans have developed a plan to set up a separate company to take over the management the sound stage, pay the rent and reimburse Axanar Productions for the cost of the build-out. That company will assume the $250,000 liability for the remainder of the lease. To do that, the new company will need to be a for-profit entity and raise investment dollars for capital.

We consider this to be a win-win for everybody. The new entity will reimburse Axanar Productions all the money that was spent on upgrading the building and those funds will go into the production.

Well this is FUN!
Interesting. Hmmm. Alec Peters says in his Captain's Log:
http://www.axanarproductions.com/captains-log-jan-7th-2016/
"Q: Is Ares Studios a for-profit studio?
A: Ares Studio is the term we use to describe the warehouse we have built our sound stage to make Axanar. There is no profit being made, and in fact Alec personally guaranteed the 3 year lease, so the last two years are a $ 250,000 liability he is responsible for. Axanar Productions has been paying for the building while we build sets and prepare the make the movie. Would we like to make movies after Axanar? Sure would, but that is all speculative. We don’t have any revenue from the studio and so such talk is nonsense."

Alec "personally guaranteed" the 3 year lease for Ares Studios yet now all of sudden he's backing out of his personal guarantee? Why am I not surprised. Wasn't one of the fundme campaigns expressly for the studio and rent? Where's the money gone to?
 
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1. I would think the landlord would have to assent to the lease being transferred to a different entity. And if the landlord felt it to their advantage to refuse, maybe this deal would fall through.

Why would the landlord refuse? If the tenant obviously won't be able to pay the rent, and the property has improvements they can't take with them resulting a new rental being for a higher rate, why consent to a proposed new lessee rather than evict and put the facility back on the market? And why continue to deal with parties who have any relationship with what has happened so far?

Unless AP has a right to assign their lease, I don't see how they'd have any say in the matter, other than threatening to lawyer up against an eviction.

2. What donor money really can be recovered by this? Past rent, no. Salaries, no. Operating and production and PR expenses, no. All IP-infringing asset costs, no. Permanent fixture improvements, no. Only removeable generic property, of which probably only the soundstage would qualify as a meaningful asset. How are they going to inflate the value of that and the IKEA furniture to fully restore the donor money invested in the 'for profit' activities? Clearly, they will try to limit what is defined as money spent on "for profit" activities.

3. Its implied by all this that putting the money back into Axanar Production will get the movie done. But they wanted a bunch more money to actually do it all. How exactly are they going to raise that? Academic point, seeing how they won't be making Trek. But still the implication is there, and how likely is it that another fundraiser will find as many trusting donors from the same pool?

This looks like an attempt to reduce their profile against the claims of the lawsuit. Probably along with submitting a serial-number-filed-off script. And probably a hope that a deal can be made without their full books becoming open. Yea, yea, outrage storming stomping etc someone implied "fully transparent" isn't achieved except by revealing the full ledger.

Who would invest this kind of money for such a loss? Perhaps, among others, people who have something to lose if C/P goes nuclear with Does. Or maybe people who believe in Axanar... except they won't get that now, no matter what.
 
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It could have been made and been good if not great, but IMHO two things happened they got creep scope and they became addicted to winning awards for Prelude. Oh yeah and never heard of a convention they didn't go to.
That and when large amounts of money starting rolling in Peters abandoned his initial idea of a fan film in favor of turning Axanar into a business with paid employees. I really laugh out loud when Peters keeps claiming no one is making any money yet in his "Annual Report" he admits Axanar is their cash cow.
https://drive.google.com/a/kd-law.co.uk/file/d/0BxWHYHfCkIj2dFA3QlZaRFdLeDQ/view?pref=2&pli=1
"Axanar has become a full time venture for us. And as such, all full time employees need to get paid."
 
That and when large amounts of money starting rolling in Peters abandoned his initial idea of a fan film in favor of turning Axanar into a business with paid employees. I really laugh out loud when Peters keeps claiming no one is making any money yet in his "Annual Report" he admits Axanar is their cash cow.
https://drive.google.com/a/kd-law.co.uk/file/d/0BxWHYHfCkIj2dFA3QlZaRFdLeDQ/view?pref=2&pli=1
"Axanar has become a full time venture for us. And as such, all full time employees need to get paid."

Looks like $10 went to Shutterstock, judging by the cover.
 
"Living uninvited in your house has become a full time venture for us. And as such, all full time occupants really need to to get fed [by you]."

Being from the correct side of the Atlantic, I am not familiar with American laws. Could Peters or somebody live at Ares Studios...?
 
Is Alec Peters part of this investor group? If not formally, does he have any conceivable tangential financial interest in the activities of this group?

When asked what Peters' role is in this investors' group, Axanar spokesman Mike Bawden replied, "You're not going to like my answer: I don't know the names of everybody involved in the group. And I've been told I can't disclose the names of anyone involved at this point in time."

Seems to me that if you're constrained from disclosing the names of the group members, you're not constrained from disclosing the names of people who are not involved. The silence is thunderous.

Without an answer to what kind of relationship Alec may have with this group or the studio as it is reconstituted, the public calls for this information will grow. Battening down the hatches will only make the calls louder.

This asset transfer carries minuses as well as pluses for Axanar. The biggest plus I see is that they escape the liability of hundreds of thousands in rent — what could've been an albatross around its neck the longer Axanar's production was halted.

Another plus: Another several hundred thousand dollars to put into production of Axanar. Assuming they will have the right to do so in the face of the copyright lawsuit and the very possible injunction.

Now the minuses: First, hope it's legal.

Second, taking what's likely to be a big PR hit. A sale like this, after touting your intention and capability of running a scifi movie studio and online distribution platform, looks like you're hiding something. Whether that something is the mysterious investor group bailing you out. Or if you're part of that secret group in some way so that you retain a financial interest in what you've sold away so you can now claim to be a nonprofit as a means of evading the "direct financial benefit" allegation in the copyright lawsuit.

And while they may not have to publicly disclose who those investors are, and whether Alec Peters or any other principals in Axanar are part of that group, that information may very well be discoverable by Loeb & Loeb on the studios' behalf. All the emails that must have been exchanged in the past few days leading up to this announcement are likely to be discoverable.

How is this going to play in front of a judge if he's asked to issue an injunction stalling the sale? Not to mention the injunction CBS is likely to seek on the film itself. And, finally, how's it going to look to a jury? Suddenly, the "fans" doing this movie "for the love of the franchise" starts to look like operators who thought they could get away with raising a lot of money with IP they didn't own and when the going got tough came up with a means to protect what financial interests they could.

Please note this is speculation but these questions are going to get asked. And if the response is, "the investors want to maintain their privacy," all that transparency and openness Axanar is supposed to be known for is gone.
 
Is Alec Peters part of this investor group? If not formally, does he have any conceivable tangential financial interest in the activities of this group?

When asked what Peters' role is in this investors' group, Axanar spokesman Mike Bawden replied, "You're not going to like my answer: I don't know the names of everybody involved in the group. And I've been told I can't disclose the names of anyone involved at this point in time."

Seems to me that if you're constrained from disclosing the names of the group members, you're not constrained from disclosing the names of people who are not involved. The silence is thunderous.

Without an answer to what kind of relationship Alec may have with this group or the studio as it is reconstituted, the public calls for this information will grow. Battening down the hatches will only make the calls louder.

This asset transfer carries minuses as well as pluses for Axanar. The biggest plus I see is that they escape the liability of hundreds of thousands in rent — what could've been an albatross around its neck the longer Axanar's production was halted.

Another plus: Another several hundred thousand dollars to put into production of Axanar. Assuming they will have the right to do so in the face of the copyright lawsuit and the very possible injunction.

Now the minuses: First, hope it's legal.

Second, taking what's likely to be a big PR hit. A sale like this, after touting your intention and capability of running a scifi movie studio and online distribution platform, looks like you're hiding something. Whether that something is the mysterious investor group bailing you out. Or if you're part of that secret group in some way so that you retain a financial interest in what you've sold away so you can now claim to be a nonprofit as a means of evading the "direct financial benefit" allegation in the copyright lawsuit.

And while they may not have to publicly disclose who those investors are, and whether Alec Peters or any other principals in Axanar are part of that group, that information may very well be discoverable by Loeb & Loeb on the studios' behalf. All the emails that must have been exchanged in the past few days leading up to this announcement are likely to be discoverable.

How is this going to play in front of a judge if he's asked to issue an injunction stalling the sale? Not to mention the injunction CBS is likely to seek on the film itself. And, finally, how's it going to look to a jury? Suddenly, the "fans" doing this movie "for the love of the franchise" starts to look like operators who thought they could get away with raising a lot of money with IP they didn't own and when the going got tough came up with a means to protect what financial interests they could.

Please note this is speculation but these questions are going to get asked. And if the response is, "the investors want to maintain their privacy," all that transparency and openness Axanar is supposed to be known for is gone.
I think your analysis is apt and spot on. I mentioned a few pages ago that IMO Ares Studios is the brass ring Alec & Co really want. According to Peters it's state of the art with the largest green screen in the Los Angeles area. Peters has mentioned big plans for that studio as a financial generating business for himself and no doubt for his partners/employees as well.

I think they know they are not going to win this lawsuit and are grasping for straws. IMO they are trying to protect the studio because it's the tangible asset they have based all their plans on and if they lose that I doubt future fundme efforts will be so generous to fund another studio. Their dream of a media empire handed to them for free on donor dollars based on IP violations is crumbling around them. Alec & Co have no one to blame but themselves.
 
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Looks to me like they're trying to shelter the profit from the lawsuit. For one thing, "reimbursement" could be less than 100%.

Something tells me that's not going to work -- and it might get the judge rather annoyed with them.

Can they even get away with effectively selling property that's currently under dispute in a legal case? I'd think that would be a no-no... ...and then there's the fact that much of that property contains CBS IP; can't really sell that for a profit, can ya? Not legally anyway.

Jespah or any of our other resident lawyers, can you sort out the legal possibilities here?

[edit: I suppose if they don't include the sets and whatnot, they *might* be able to get away with it... but I'm just not clear on this. Besides, didn't 'tainted money' or whatever buy all the equipment in the sound stage?]
This is a travel day for me and I'm at my folks for a few days. Internet access is spotty, in between regular attempts to feed me.

I'll cogitate on this but may not be able to really get to it until Monday or Tuesday. My first impression, though, is to wonder whether the landlord would want to sublet.
 
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Neil

The intro to that video really says it all about why Axanar is in the shit and other fan films aren't. The intro narration clearly and explicitly places Axanar in the franchise without any distinction between sanctioned licensees and fan creation. The "From the smallest fan film to the largest blockbuster" monologue openly invited the viewer to treat them all as the same product.
 
The Captain Pike folks were invited to use my sets sets, just as Axanar was, as well as several others have thru out the years completely free of charge. They planned on coming here, but backed out and opted to rent Axanar's sets instead. I guess they felt that would be cheaper than flying their folks to NY. I no longer allow anyone to use my personal property, nor do I invite them to do so.
James, My apologies. I was just passing on what was stated on a web page (that "pike" was using your sets) my mistake in believing the internet. It is a shame though that all these productions cant work amicably together but I thank all of them for what they have done to date. Specially as they are free of charge to us all.
 
I'm surprised that anyone didn't see this coming. This is, after all, Peters' MO. No solution that Peters would come up with would be complete without the creation of some new organization/corporation to function as part of a shell game.

I'm guessing the sign on the warehouse door says something like...

Welcome to Ares Studio
... also the home of...
Ares Digital
Axanar Productions
Propworx
Collectible Shipping Services
Woodland Terrace Investments
- more coming soon -

Peters is one of the few people I know of that most likely has a Rolodex devoted to his own business cards.
 
So this is reasonably clever on Axanar's part. (it would have been smarter to declare bankruptcy, end the lawsuit, and then release the studio from the landlord, but hey...). Alec and the Investors (new name for a rock band) get the only real asset, the studio. Perhaps the price is correct - interesting question - but Axanar productions has presumably paid the first year in rent, plus the improvements, and gets the improvement cost back.

The production Axanar gets some additional resources to "do the movie", or whatever it is they will do when the lawsuit proceeds.

Studio gets to see if there is demand for green screens etc. Hard to believe, but I don't know the market.

Now - whether the judge will let this pass... or CBS... is speculation. But if Axanar itself is reimbursed for cost, I would guess it could pass muster.

HERE'S WHAT HASN'T BEEN DISCUSSED. So going forward, Axanar is using the studio! Will they be paying rent to the for-profit Ares studio? What is that rent? Are the Investors giving the production the "cost of the studio" and essentially making it back from the rent? Viewed this way, this is assuredly a way to get funding for a new business venture on the backs of the IP. I haven't seen details on that, yet. Oh, Mr. Transparency!!

I do know that STC pays rent - to a third party. I am unaware of other situations. I wonder if it is OK if rent is paid, essentially, to an affiliate?

And of course - Propworx and such conceptually owe rent back to Axanar, as well, as they used Axanar-dedicated space.
 
Perhaps, but i know this morning I filed a petition to have Alec banned from entering the UK based on his theft of money, property (both physical and intellectual) and real and serious threats of harm to people that disagree with his position

He wants to play dirty, well so can I... *put pipe in mouth and smokes it in a cunning manner*
stJyqfmm.jpg


"Someone needs to pay that rent," Peters said.
"Cuz I sure as hell ain't gunna."
 
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Perhaps, but i know this morning I filed a petition to have Alec banned from entering the UK based on his theft of money, property (both physical and intellectual) and real and serious threats of harm to people that disagree with his position

He wants to play dirty, well so can I... *put pipe in mouth and smokes it in a cunning manner*

14774283.jpg
 
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