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CBS/Paramount sues to stop Axanar

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carlosp said:
BREAKING CBS and Paramount attorneys just dropped their briefs opposing the defense motion to dismiss...
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Sigh. I really wish people would stop speaking in this rather confusing example of "cool" street retail slang: "drop." To drop a lawsuit, for example, is to withdraw it. I don't think that's what you meant.
 
JWPlatt said:
Sigh. I really wish people would stop speaking in this rather confusing example of "cool" street retail slang: "drop." To drop a lawsuit, for example, is to withdraw it. I don't think that's what you meant.
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I dunno, I find the image of the attorneys "dropping their briefs" to oppose the motion rather amusing. :)

Kinda makes you wonder what they were using the defense motion for in that moment...
 
JWPlatt said:
Sigh. I really wish people would stop speaking in this rather confusing example of "cool" street retail slang: "drop." To drop a lawsuit, for example, is to withdraw it. I don't think that's what you meant.
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Can we drop boxer briefs?

I didn't use that term, did I? If so, I need to go change it ...
 
HIjol said:
Since the whole thing is fiction, could a Squad of Klingons show up at a deposition or a courtroom, claim Klingon origins and ancestry (in Klingon, of course) present culture and heritage, societal details, facts about their military and ships (nothing classified, mind you) and "prove" that there were, in fact, (fiction) Klingons with which to speak?

Ah, it would be Glorious!

Songs would be sung, and much Blood Wine consumed...

...and Prune Juice

Perhaps the Gang of 20 could use a little of the "Warrior's Drink", right about now!!!
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Three Klingons attend city council meeting:

https://www.timminstoday.com/local-news/three-klingons-attend-city-council-meeting-277877
 
From 1701news, quoting C/Ps response:

"Courts view the work as a whole, and do not dissect copyrighted designs into separate components, because to do so would be 'akin to accepting the position that every song is merely a collection of basic notes, every painting a derivative work of color and stroke, and every novel merely an unprotected jumble of words,'" Grossman said, citing a 2000 court decision.
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Hmmm. As I stated on page 692:

mkstewartesq said:
But here’s the rub, and the fallacy in her argument, and why I think it will ultimately go down in flames. The law recognizes that “copyrightable expression” is by definition made up of a combination of uncopyrightable components. In fact, that’s what “copyrightable expression” is – the specific, creative way that one person chooses to combine those uncopyrightable components to express an idea. Let’s face it – it’s black letter law that single words and short phrases are not copyrightable. But a novel – which consists of nothing more than a creative combination of uncopyrightable words and phrases – is 100% copyrightable. Same thing for music – single notes are not copyrightable and there are only twelve notes in the entire (Western) musical scale – but there are thousands of creative combinations of those notes, and thousands of copyrighted songs. Thousands of different ways of expression, all built from the same public-domain pieces. It’s the choices and combinations that are copyrightable. . . . . .and no amount of trying to tear down the individual components (claiming “no individual note of the song is copyrightable, nd no individual word in the book is copyrightable”) is going to save Axanar. As noted above, if the “system” worked any differently, then no book, play, song or poem would be copyrightable. Luckily, that's not how the system works.
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(*pats self on back, drops the mic, mouths "I TOLD ya so" and "booyah!", clasps hands over head and shakes them and generally makes every other expression of insufferably-smug self-satisfaction before walking off the stage.*)

M
 
Looks like the judge in the Axanar case has another high profile copyright infringement case on his hands:
http://www.abc.net.au/news/2016-04-...page-to-face-stairway-to-heaven-trial/7318612

Interesting comment from the article:

But the judge said a jury could find "substantial" similarity between the first two minutes of Stairway and Taurus, which he called "arguably the most recognisable and important segments" of the songs.

"While it is true that a descending chromatic four-chord progression is a common convention that abounds in the music industry, the similarities here transcend this core structure," Mr Klausner wrote.

"What remains is a subjective assessment of the 'concept and feel' of two works ... a task no more suitable for a judge than for a jury."

The 'subjective assessment of the 'concept and feel' of two works' may well apply in the Axanar case...

 
monodox said:
Looks like the judge in the Axanar case has another high profile copyright infringement case on his hands:
http://www.abc.net.au/news/2016-04-...page-to-face-stairway-to-heaven-trial/7318612

Interesting comment from the article:

But the judge said a jury could find "substantial" similarity between the first two minutes of Stairway and Taurus, which he called "arguably the most recognisable and important segments" of the songs.

"While it is true that a descending chromatic four-chord progression is a common convention that abounds in the music industry, the similarities here transcend this core structure," Mr Klausner wrote.

"What remains is a subjective assessment of the 'concept and feel' of two works ... a task no more suitable for a judge than for a jury."

The 'subjective assessment of the 'concept and feel' of two works' may well apply in the Axanar case...
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Here's the link to that other trial from CNBC
http://www.cnbc.com/2016/04/11/led-zeppelins-plant-page-to-face-stairway-to-heaven-trial.html
 
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A quote I found about Judge Klausner when I first looked him up in February or so after he was assigned this case - admittedly anecdotal, but:

"The problem is that Judge Klausner hates a copyright infringer." (emphasis in original)

Source. (Google cache because website is experiencing some issue right now)

M
 
JWPlatt said:
Sigh. I really wish people would stop speaking in this rather confusing example of "cool" street retail slang: "drop." To drop a lawsuit, for example, is to withdraw it. I don't think that's what you meant.
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I've heard "dropped" used in this manner for decades. Just means they submitted their reply.
 
cultcross said:
Really? Christ I'm behind the times. In the early days of this debacle I read the title "CBS drops lawsuit on Axanar" and thought that meant they'd retracted legal action. I remember thinking "I didn't know they'd sued in the first place!"
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Well, I can only speak for my experience here in the US. :techman:
 
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