CBS/Paramount sues to stop Axanar

[Earthrise]

But, why would CBS/Paramount put two guys on a stand to say a meeting didn't happen? That wouldn't be good for THEM. It would show that Peters wasn't warned to stop, that he was violating copyright. If anything it would bolster his "But, I didn't know" defense.

CBS/Paramount doesn't care if Peters lied to his donors or not. Him lying to his donors doesn't matter to their case. It is inconsequential to the case. The donors who are upset need to understand that CBS/Paramount's case doesn't revolve around them and justice for them. It might work out that way in the end, but CBS/Paramount are focused on their goals.

Exactly. If there are concerned donors out there then they need to pursue options on their own and not wait to see if CBS gets them whatever it is they're looking for. Also, given that there are time limits on things like charge backs, I personally would not recommend waiting to see how everything shakes out.

 

[Ryan Thomas Riddle]

Even though it was written by an abject failure at life - this is pretty good.

Thank you. Thank you. But like all great artists, I stole from the best — Aaron Sorkin. Of course, this is satire and parody, and truly falls under fair use. LOL.

 

[muCephi]

I get a feeling there is going to be a mysterious fire soon.

They already 'changed their hosting company' a month into the lawsuit, which would set the stage for any email that might have been hosted there, and any prior versions of their public sites not captured by archive.org to start permanently scrolling off the backups.

One could hope, if the hosting company provided the email, that they did their "annual" backup around Dec 31 and sent it off with IronMountain. The annual would likely be the last to scroll off the rotation.

if at least one disaffected Doe was on something like gmail, and was being cc'd in on a lot of the internal stuff, then its Axanar toasters as free perks for all the management.

 

[Indysolo]

http://www.axanarproductions.com/monday-march-28th-2016/

"...Rob proceeded to give us a behind the scenes walk through of the visual special effects scenes that had already been created, but could not be shared with anyone because of the lawsuit. As he explains each scene he is about to show us, I’ve got goosebumps on my goosebumps just from the descriptions. I can’t give any details because of the lawsuit, but I can tell you that the battle scenes, special effects shots, and even the music that has been written for Axanar is beyond amazing."

How can any of this exist if the movie doesn't even have a completed script? This all seems to exist in some form that can be shown, according to this blog on the Axanar web page.

Neil

 

[Jay]

Clearly @Indysolo once they get to discovery this is all over for Axanar/Peters

 

[Jedi_Master]

"...Rob proceeded to give us a behind the scenes walk through of the visual special effects scenes that had already been created, but could not be shared with anyone because of the lawsuit. As he explains each scene he is about to show us, I’ve got goosebumps on my goosebumps just from the descriptions. I can’t give any details because of the lawsuit, but I can tell you that the battle scenes, special effects shots, and even the music that has been written for Axanar is beyond amazing."

How can any of this exist if the movie doesn't even have a completed script? This all seems to exist in some form that can be shown, according to this blog on the Axanar web page.

Neil

Correct. This notion that the lawsuit was "unripe" and "restricting future speech" is just legal posturing on the part of the AP defense team. Every single bit of public comment indicated that Axanar is ready to film, and filming was delayed so that the production team could get a larger nozzle on the money hose.

 

[Noname Given]

"...Rob proceeded to give us a behind the scenes walk through of the visual special effects scenes that had already been created, but could not be shared with anyone because of the lawsuit. As he explains each scene he is about to show us, I’ve got goosebumps on my goosebumps just from the descriptions. I can’t give any details because of the lawsuit, but I can tell you that the battle scenes, special effects shots, and even the music that has been written for Axanar is beyond amazing."

How can any of this exist if the movie doesn't even have a completed script? This all seems to exist in some form that can be shown, according to this blog on the Axanar web page.

Neil

I'd really like to know what reality Mr. Peters exists in, because it CAN'T be this one - the guys still seems to think neither C/P nor the Judge in the case will even look at anything he says on the internet and his site - EVEN WHEN THEY (C/P) HAVE INCLUDED SOME OF HIS COMMENTS FROM THE INTERNET IN THEUR AMENDED COMPLAINT.

(Does Mr. Alec Peters REALLY believe the Judge will just dismiss the case and effective place 'Star Trek' (and other properties as civil copyright defense lawyers start citing this case - should the Judge grant the MTD and it holds up on appeal) in the public domain? <--- I DON'T think this Judge will do that - but will see; and if the Judge moves the case forward into discovery - 'Axanar' is toast.)

 

[Kaltauba47]

By W&S's interpretation, "Star Trek" is not copyright-able because both "star" and "trek" are common words in the English language...

In a podcast Alec was complain about how there were fake FB Axanar pages and a fake Ytube page and then said they were trademarking Axanar, that anyone could trademark anything, so how is it you can trademark something someone owns the copyright on?

 

[Kaltauba47]

How would CBS have communicated "this is a great script?"

I don't know that's just what RMB said, I guess through the grapevine or someone from CBS knows someone from Axanar and they told them. I know Alec said Doug Drexler sent them text messages from a meeting he was involved in saying something great was coming, then a couple of months later the announcement of the new series and Alec acted as if he knew it was coming all along.

 

[Kaltauba47]

http://www.axanarproductions.com/monday-march-28th-2016/

Is it me, or is RMB putting on weight? Anyway, not sure it helps to have a Captain's Log written by people named Dim and Wit who go about listing all the Klingon (infringing) costumes and props they have.

He's probably a stress eater and I imagine he's had quite a bit of stress last three months.

 

[Jedi_Master]

I'd really like to know what reality Mr. Peters exists in, because it CAN'T be this one - the guys still seems to think neither C/P nor the Judge in the case will even look at anything he says on the internet and his site - EVEN WHEN THEY (C/P) HAVE INCLUDED SOME OF HIS COMMENTS FROM THE INTERNET IN THEUR AMENDED COMPLAINT.

(Does Mr. Alec Peters REALLY believe the Judge will just dismiss the case and effective place 'Star Trek' (and other properties as civil copyright defense lawyers start citing this case - should the Judge grant the MTD and it holds up on appeal? <--- I DON'T think this Judge will do that - but will see; and if the Judge moves the case forward into discovery - 'Axanar' is toast.)

At this point I think that Alec is delusional enough to believe anything.

 

[Jedi_Master]

By the by - let's lay off the fat jokes. It's tiresome and childish.

 

[Kaltauba47]

They already 'changed their hosting company' a month into the lawsuit, which would set the stage for any email that might have been hosted there, and any prior versions of their public sites not captured by archive.org to start permanently scrolling off the backups.

One could hope, if the hosting company provided the email, that they did their "annual" backup around Dec 31 and sent it off with IronMountain. The annual would likely be the last to scroll off the rotation.

if at least one disaffected Doe was on something like gmail, and was being cc'd in on a lot of the internal stuff, then its Axanar toasters as free perks for all the management.

I believe Terry takes care of all their Tech so I'd say it's long gone.

 

[RedForman]

I believe Terry takes care of all their Tech so I'd say it's long gone.

I'm guessing that anything C/P would want to go after would be contained in private emails/IM-Chat logs between those in the inner circle.........Lord Alec, RMB and Terry might be dumb, but from what I've seen, they're at least smart enough to keep anything blatantly incriminating off of their public-facing pages (at least on their website/Facebook page)

 

[Professor Zoom]

http://www.axanarproductions.com/monday-march-28th-2016/

My favorite bit, right in the second paragraph:

In early March my brother and I had the opportunity to make a trip out to Los Angeles. Before we left, I reached out to Alec Peters to see if we could come up to the visit the studio and take a look around. Alec was excited to have us visit, but was unfortunately going to be in Oregon that weekend. He was able to connect us to the wonderful and lovely Diana Kingsbury.

Emphasis mine.

I guess Dim n Wit didn't get the memo: it's NOT a studio, it's a warehouse....

 

[Tom]

I also believe that it was

I don't know that's just what RMB said, I guess through the grapevine or someone from CBS knows someone from Axanar and they told them. I know Alec said Doug Drexler sent them text messages from a meeting he was involved in saying something great was coming, then a couple of months later the announcement of the new series and Alec acted as if he knew it was coming all along.

Alec could have found out in late summer (like I did) about movement by CBS to create a new series. Of course, I'm on record here in early Fall stating there would be a new in 2017 and why it cant be earlier then 2017 (the CBS/P film contract) recently confirmed by Les Moonves a few weeks ago.

Alec does have contacts in CBS that is definitely true. But, I think some of the issue was because he got along with those people, Axanar would be protected. That, in turn, made him a bit cocky about the project. Also, I strongly believe Paramount was the primary pusher on the lawsuit. I'm sure we will probably never know for sure, but that's what I see.

 

[muCephi]

I'd really like to know what reality Mr. Peters exists in, because it CAN'T be this one - the guys still seems to think neither C/P nor the Judge in the case will even look at anything he says on the internet and his site - EVEN WHEN THEY (C/P) HAVE INCLUDED SOME OF HIS COMMENTS FROM THE INTERNET IN THEUR AMENDED COMPLAINT.

(Does Mr. Alec Peters REALLY believe the Judge will just dismiss the case and effective place 'Star Trek' (and other properties as civil copyright defense lawyers start citing this case - should the Judge grant the MTD and it holds up on appeal? <--- I DON'T think this Judge will do that - but will see; and if the Judge moves the case forward into discovery - 'Axanar' is toast.)

Alec may never have encountered anyone with *real* power who didn't come to him for something he had and could withhold if you misbehaved. Wait until he sees a written decision or two on this from the judge.

I believe Terry takes care of all their Tech so I'd say it's long gone.

I'm guessing that anything C/P would want to go after would be contained in private emails/IM-Chat logs between those in the inner circle.........Lord Alec, RMB and Terry might be dumb, but from what I've seen, they're at least smart enough to keep anything blatantly incriminating off of their public-facing pages (at least on their website/Facebook page)

Private emails are not so private if they are in correspondence with someone who wants to release them -- you can't just reach out and wipe their copy. They are not so disappearable if they are conducted on ISP-hosted email service that is backed up as a matter of ISP policy rather than as an optional service to you (for example GoDaddy) -- your backup is mixed in with others and they would just tell you to wait until the backup generations cycle away to achieve disappearance of the emails. Of course Axanar could have run their own mail host. But erasing discoverable evidence once a case starts is punishable of itself I believe, if proveable.

 

[jespah]

Exactly. If there are concerned donors out there then they need to pursue options on their own and not wait to see if CBS gets them whatever it is they're looking for. Also, given that there are time limits on things like charge backs, I personally would not recommend waiting to see how everything shakes out.

The Statute of Limitations for fraud in the great state of California is three years. But if the matter goes into bankruptcy (personal, corporate, or both), then the donors will not be secured creditors (which the secret consortium set to buy up the Valencia leasehold might become).

News flash: secured creditors often get priority in bankruptcy proceedings.

Spoiler alert: if there is $1,000,000 in bankruptcy debts, and only $500,000 available to pay everyone, and the secured creditors hold $600,000 in debts (which they can prove in a bankruptcy court), then there will be nothing left for anyone else.

Donors - don't want this to happen? Then you might want to consider acting sooner rather than later, because this IP infringement case is not about you.

 

[Jedi_Master]

Donors - don't want this to happen? Then you might want to consider acting sooner rather than later, because this IP infringement case is not about you.

Thank you and @Professor Zoom (among others) for continuing to drive this point home. CBS/P interests may occasionally and temporarily align with the interests of disgruntled donors, but they will pursue their interests and rights, not any one else's interests or rights.

 

[RedForman]

Private emails are not so private if they are in correspondence with someone who wants to release them -- you can't just reach out and wipe their copy. They are not so disappearable if they are conducted on ISP-hosted email service that is backed up as a matter of ISP policy rather than as an optional service to you (for example GoDaddy) -- your backup is mixed in with others and they would just tell you to wait until the backup generations cycle away to achieve disappearance of the emails. Of course Axanar could have run their own mail host. But erasing discoverable evidence once a case starts is punishable of itself I believe, if proveable.

Exactly.........I'm not saying that any of the inner circle would want to release this stuff and sabotage the case, but that any emails/correspondence are stored somewhere/with some provider that will be more than able to turn them over to C/P if need be. (didn't mean to make it sound like they were using some kind of private email service rather than gmail, yahoo etc)

I wouldn't put it past any of them though to try and erase/get rid of as much as possible in the meantime though, no matter the penalty...........