Don't do it! Step away from the "Show Ignored Content" link. Step away!
CBS/Paramount sues to stop Axanar
- Thread starter Richard Baker
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Don't do it! Step away from the "Show Ignored Content" link. Step away!
As far as the press goes, I agree with Mr. Trekzone, whose name I don't actually know. The editor of a publication decides that. It might be more appropriate to ask what the public has a right to know. That's a much harder question to answer IMO.
As far as what the public needs to know to make more informed decisions about fan film fundraisers, though...
In my opinion, fundraisers should include a disclaimer that includes the following points:
- Star Trek is the property of... and all the usual legal drivel.
- Axanar Productions and their producer have been recently been sued by CBS/P, in part to halt the production of Star Trek: Axanar.
- CBS/P made a request that the sequel to Star Trek: Horizon not go forward.
- There is a very real possibility that any and all other fan films, including this one, may be shut down by the owners of Star Trek at any time, with or without warning, and for any reason they so choose.
JMHO.
(I realize that the above reads like I'm against fan films; I'm not. I just think the public should be very aware of the legal quagmire involved since they may well lose whatever money they put in, without anything to show for it. And not all of the donating public may be aware of the current climate.)
I vote for:
"The Lord Voldemort of Star Trek Fan Films"*
*- "Lord Voldemort" copyright J. K. Rowling - used here without permission; but no infringement intended as this IS a parody post of sorts
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Matt, when I am responding to someone, my message is to that person and yet publicly posted. If there is a way to message someone here, i haven't found it yet (I am new here). So, sorry if I am speaking in third-person with reference to your account, but I was addressing someone else.Hi @Ion, I'm Matt.
Regarding the public's right to know, there is also a professional responsibility to not become the story.
While you have appropriately answered the questions, neither Hinman from 1701news nor Pedraza have addressed the unusual timing, velocity, and phraseology of some of their messages in the past few weeks.
The coincidences in timing of Hinman's and Pedraza's multiple messages in multiple places over the last weeks is just too numerous. They were spreading disinformation related to the status of other Trek films ("reporting" that other fan films had been called, were imminent in shut-down, and were even critical of some specific individuals in a disparaging fashion. It's just plain inappropriate, especially in what should be a joyous 50th Anniversary year.
The following message quote reflects those fears (which are in my mind unwarranted unless CBS says so),
I certainly understand the intent of Ion in making this statement, but the reality is that some fan films are not under any notional demand to halt production or to halt fund raising. Some fan projects do abide by the rules vocalized by CBS and Paramount's staff. And, some fan projects do not need these disclaimers because donors make those gifts without concern for any misuse based upon the prior track record of the organization. Therefore, no disclaimer is needed. Those projects should proceed as is and not stop based upon the antics and speculative extrapolations of misinformed people.
As has been pointed out, you're connecting imaginary dots, vis-a-vis the supposed timing of the posts. As with any news outlet, they reported the information that was made public at the time. This is not any different from the mainstream media, yet somehow you hold Messrs. Hinman and Pendraza to a different standard. Other than holding a grudge against them, why is this?
Look at the highlighted statements you made. The reason the disclaimer is needed is because you absolutely NEED to show that you do not own the property you are utilizing, otherwise you incur the legal wrath of the rights holders.
As has been said I'm sure many times in this thread — if Peters had just shut his yaphole, and made a statement like CBS, the chances are, this thread would barely exist, and there wouldn't be so much news coverage on it. Maybe here and there with the court filings, especially with the fun of the Klingon language — but that's about it.
If anyone is to blame for the attention on Axanar, whether positive or negative, it lies solely at Axanar's feet.
The misbehavior of reporting news. You know, the one in the United States that allows that "misbehavior" to be protected by the First Amendment.
Kenneth, er, "BonesMcCoy," if you don't think this is news, here's an idea ... (whispers) don't read it. (/whispers)
I don't think Beyonce's latest album is news, or whatever Justin Bieber is pissing on today. But I don't make long-winded, crazy-sounding posts saying the news outlets have no right to cover it. I simply don't read it.
Why don't you try doing the same.
I will again point out this is a lawsuit filed in federal court, not a California state court. Therefore federal law and the federal rules of evidence apply. To the extent that California Penal Code Section 631(c) would even be relevant, it cannot trump those.
Finally, even if that specific recording was not admissible as evidence that does not prevent any of the zillion other times Peters has said similar things being used against him, either directly or as data to inform plaintiffs' lawyers on where to probe further.
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I don't know. I might be agreeing with @bonesmccoy2014, there is something suspicious about the timing. It's not like the articles about CBS shutting down a fanfilm started after they asked Star Trek Horizon to stop their fundraising.
Oh. Wait.
Is CBS then the origin of the conspiracy? Were they colluding with everyone?
Oh. Wait.
Is CBS then the origin of the conspiracy? Were they colluding with everyone?
The news articles are reporting on a recently occurred event and it's possible consequences?! Well, alert the church elders, we got ourselves a conspiracy!
The news articles are reporting on a recently occurred event and it's possible consequences?! Well, alert the church elders, we got ourselves a conspiracy!
"recently occurred"?
I don't think so.
This case is slow moving. There's really not much "news" until there's a hearing and there's a definitive statement from one of the parties.
There's really nothing new in the story other than the speculation. This is the reason I'm raising the question on the timing to TrekZone. I appreciate Matt answering the question.
But, given the history in public relations of some of these loud voices, the timing is beyond coincidence.
Having said this, I urge the voices involved to shift focus to more positive stories.
Regardless of the poor communication style, this is the 50th Anniversary of a great media franchise.
And, one should not allow the "debbie downer" effect to become contagious.
LLAP all!
Point 1: To the best of my knowledge, CBS and Paramount have never vocalized, let alone written down, any rules for fan films. There have been rumors of such related to specific productions, but nobody has ever provided proof. In a game where you could potentially be sued for millions, proof is a Really Good Idea.
Point 2: All fan film fundraisers need disclaimers, not least because they're using someone else's property without that party's consent.
Point 3: Your own desire for the projects to continue, does not mean that those projects are legal and/or should continue. That is solely up to TPTB at CBS and Paramount. If fan films have no agreement with CBS/P (and while I suspect one or two of them might, the rest certainly don't), then the producers of those films are, quite literally, risking their financial well being. If they want to do that? More power to 'em, not my problem -- but don't come crying to me if/when CBS sues them.
Point 4: All fan film fundraisers need disclaimers, because a lot of the people who donate may not be aware of the background information. Deep Trek Fandom is not the only source of donations when you have your fundraiser on a highly public crowdfunding platform like Kickstarter or Indiegogo. While the consumers should certainly do their own due diligence, the fact is that most won't because they simply don't know any better. Any ethical production will realize that and ensure that they know what they're getting into before they donate.
Or are you going to again suggest that the consumers' well being doesn't matter in this? That the fan films should able to raise whatever capital they want off an uninformed audience, in spite of a significantly increased probability that fan films will receive either C&D's or lawsuits?
And if you don't think the probability has increased, then you desperately need a reality check.
Most of us hope that this will blow over, and CBS/P will go back to their relaxed attitude once Axanar is dealt with. That they shut Mr. Kraft down, however politely, suggests that won't be the case; there are going to, at the bare minimum, be limits on what they'll let people get away with. It's unfortunate, but failing to face reality won't change it.
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NEW LAWSUIT FILINGS — Request for Alternate Dispute Procedure No. 1 filed. Parties request to Appear Before Judge Charles F. Eick for settlement proceedings. Filed by Plaintiffs CBS Studios Inc, Paramount Pictures Corporation.
— JOINT REPORT Discovery Plan; estimated length of trial 10-15 days, filed by Plaintiffs CBS Studios Inc, Paramount Pictures Corporation.
This is BREAKING. For background on these items, check out this AxaMonitor article »
— JOINT REPORT Discovery Plan; estimated length of trial 10-15 days, filed by Plaintiffs CBS Studios Inc, Paramount Pictures Corporation.
This is BREAKING. For background on these items, check out this AxaMonitor article »
Good to know a settlement conference has been requested. Thanks. I guess this will be another item for the May 9 agenda?
A settlement would at least contain the damage.
A settlement would at least contain the damage.
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