His wikipedia entry that jespah mentioned is even better......
CBS/Paramount sues to stop Axanar
- Thread starter Richard Baker
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His wikipedia entry that jespah mentioned is even better......
Via Pacer:
SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Defendants Axanar Productions, Inc. and Alec Peters' Motion to Dismiss or Strike in Part Plaintiffs' First Amended Complaint29 ; and the Application of Language Creation Society to File a Brief as Amicus Curiae35 , calendared for hearing onMay 9, 2016, has been taken under submission and off the motion calendar. The Court will issue a ruling after full consideration of properly submitted pleadings. Counsel are still required to attend the Scheduling Conference at 9:00 a.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw)
Neil
SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Defendants Axanar Productions, Inc. and Alec Peters' Motion to Dismiss or Strike in Part Plaintiffs' First Amended Complaint29 ; and the Application of Language Creation Society to File a Brief as Amicus Curiae35 , calendared for hearing onMay 9, 2016, has been taken under submission and off the motion calendar. The Court will issue a ruling after full consideration of properly submitted pleadings. Counsel are still required to attend the Scheduling Conference at 9:00 a.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw)
Neil
The latest is that AP is all excited about having a trial date...in 2017. From FB link to Captain's Log
As is standard procedure in law suits like this, Winston & Strawn, representing Axanar Productions and Alec Peters, and Loeb & Loeb, representing Paramount & CBS, filed a joint schedule (called a Rule 26 Joint Report) that will lead up to trial in May 2017.
A one year schedule of Motions and Discoveries with the possibility of a dozen or more appearances in court was set up. This is a typical part of the process. Now, some of the unscrupulous “news” sources who have been attacking Axanar would like you to think it is a delaying tactic, or an attempt by Paramount/CBS to grind Axanar down. Fact is, this was agreed upon by both sides.
The assertion that Axanar Productions is having to wait to have its day in court is more misleading nonsense; as next week Judge R. Gary Klausner will consider the defense Motion to Dismiss. And while Judge Klausner has decided not to hold a hearing on the Motion to Dismiss (not unusual for him) there will be a scheduling conference that day.
The schedule for Discoveries and Motions is as follows, and may be amended:
• 8 Jun 2016 – Last day to add parties – John Does
• 28 Oct 2016 – Cutoff for Discoveries
• 18 Nov 2016 – Expert Disclosures – Initial
• 16 Dec 2016 – Rebuttals to Expert Disclosures
• 27 Jan 2017 – Discovery cutoff
• 13 Feb 2017 – Motions due
• 24 April 2017 – Pre-trial Readiness Conference
• 9 May 2017 – Trial begins
A number of possibilities present themselves in the course of such a timeline including Alternative Dispute Resolution before a Federal Magistrate, an out-of-court settlement, or even the case being wholly or partially dismissed.
This is a normal process and so sit back, relax, and let the professionals handle this – it’s what they are paid to do. (or in the case of our attorneys at Winston & Strawn, what they are doing pro-bono because they love this case!).
Oh, and I had a half hour conversation with Erin today which was VERY interesting and she told me something that left me with a big smile on my face. I have to say, Erin loves her job so much, I just want to talk about the case all day with her. So when she tells me that I can share the news with you all I will.
Alec
Not a word on when shooting the actual movie might begin. June 8th could be interesting.
As is standard procedure in law suits like this, Winston & Strawn, representing Axanar Productions and Alec Peters, and Loeb & Loeb, representing Paramount & CBS, filed a joint schedule (called a Rule 26 Joint Report) that will lead up to trial in May 2017.
A one year schedule of Motions and Discoveries with the possibility of a dozen or more appearances in court was set up. This is a typical part of the process. Now, some of the unscrupulous “news” sources who have been attacking Axanar would like you to think it is a delaying tactic, or an attempt by Paramount/CBS to grind Axanar down. Fact is, this was agreed upon by both sides.
The assertion that Axanar Productions is having to wait to have its day in court is more misleading nonsense; as next week Judge R. Gary Klausner will consider the defense Motion to Dismiss. And while Judge Klausner has decided not to hold a hearing on the Motion to Dismiss (not unusual for him) there will be a scheduling conference that day.
The schedule for Discoveries and Motions is as follows, and may be amended:
• 8 Jun 2016 – Last day to add parties – John Does
• 28 Oct 2016 – Cutoff for Discoveries
• 18 Nov 2016 – Expert Disclosures – Initial
• 16 Dec 2016 – Rebuttals to Expert Disclosures
• 27 Jan 2017 – Discovery cutoff
• 13 Feb 2017 – Motions due
• 24 April 2017 – Pre-trial Readiness Conference
• 9 May 2017 – Trial begins
A number of possibilities present themselves in the course of such a timeline including Alternative Dispute Resolution before a Federal Magistrate, an out-of-court settlement, or even the case being wholly or partially dismissed.
This is a normal process and so sit back, relax, and let the professionals handle this – it’s what they are paid to do. (or in the case of our attorneys at Winston & Strawn, what they are doing pro-bono because they love this case!).
Oh, and I had a half hour conversation with Erin today which was VERY interesting and she told me something that left me with a big smile on my face. I have to say, Erin loves her job so much, I just want to talk about the case all day with her. So when she tells me that I can share the news with you all I will.
Alec
Not a word on when shooting the actual movie might begin. June 8th could be interesting.
I have been involved with 3 successful crowd funding campaigns and know a lot about shipping perks etc.. I got to say there is NO EXCUSE for not shipping out those patches at all. Both Kickstarter and Indiegogo let you export Excel sheets with all the data for each donor. I use highly organized Excel sheets to keep track of everything. So at their fingertips, Axanar has all info needed to ship the patches. You can even dump some of that Excel data into a shipping program USPS uses and it will print labels that you just slap on the package and go.
Waiting for Aries Digital is fucking bullshit, you don't need that to ship perks out. So your putting you customers on hold because you are trying to develop a system, that's crazy.
In regards to shipping costs, you always want to factor that in to you donation levels. You may have to calculate a little more if you ship a product right away and another product (that is also part of that level) later (like a dvd etc..) . I can understand trying to wait to ship everything together, but if you have kept people waiting for something you have in stock for over 2 years, that s just wrong. At this pace they will run out of money to even ship anything.
BTW, all the work I have done has been on a volunteer basis, I don't get paid for it. If you going to pay someone a salary for fulfillment, don't you think you might want to actually send shit out?
I pisses me off to see the donors get treated like shit, so glad I never gave to Axanar.
Waiting for Aries Digital is fucking bullshit, you don't need that to ship perks out. So your putting you customers on hold because you are trying to develop a system, that's crazy.
In regards to shipping costs, you always want to factor that in to you donation levels. You may have to calculate a little more if you ship a product right away and another product (that is also part of that level) later (like a dvd etc..) . I can understand trying to wait to ship everything together, but if you have kept people waiting for something you have in stock for over 2 years, that s just wrong. At this pace they will run out of money to even ship anything.
BTW, all the work I have done has been on a volunteer basis, I don't get paid for it. If you going to pay someone a salary for fulfillment, don't you think you might want to actually send shit out?
I pisses me off to see the donors get treated like shit, so glad I never gave to Axanar.
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Sit back and relax while I spend all the donors money over the next year, as the king of Star Trek. Look for me at a convention near you!
Fucking Jackass
As far as I know, no one has said that the agreed schedule is either a delaying tactic or an attempt to grind Axanar down; no one has said that Axanar "has to wait its day in court" just because the schedule declared it would be a year if it got that far; no one said it is not a normal process.
Three BS "hater" straw men in a row pushed at donors so that Alec could knock them down and distract from the point that it could be a year before there is any resolution.
Oh, and there is "news" but we can't tell you, so remain oblivious to the fact Axanar is an over the top case of IP absconding and can never get made, accept a suggestion that somehow it will all go away if you just have faith, and don't start any donor lawsuits, cause we are suggesting "very good news" means Axanar could get made.
Move on, nothing to see here except hater straw men burned by our brilliant stating of the same facts critics quote.
Quite a superfluous wrapper of BS assertions around the basic facts. To donors. Again.
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I suppose anything is possible when negotiations are taking place. Would C/P really back down from a chance to draw a line about "professional independent" companies under their tent? Still seems unlikely to me.
But if the studios wanted to handle it by changing their licensing strategies (and keep control), rather than facing a turkey attack threatening to define some of the landscape in court, the studios might be concerned. After all, it truly is a turkey attack -- and any change to copyright interpretation happening during the attack could blow over into other properties and to the industry in general.
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In other words, don't waste my time arguing this stupid motion to dismiss; we're moving forward.
Alec just argued in his above missive to donors that the motion to dismiss is still viable.
Wonder if he knows otherwise. That would be a little timeline thread to examine -- he says above he had a half hour discussion with his attorney so he probably knew about this filing, yet he still asserts to donors that the motion to dismiss is viable.
If they've found a technicality triggering the judge's boundaries about overstating copyright claims, then maybe it would make sense. But that would not correlate with the judge requiring the scheduling conference. Guess we will see.
Seems like "questionable statements by Axanar Productions to donors" could be a quite long list.
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The nice part for Axanar is that the whole mess is going to take so long to sort out that if at its conclusion disgruntled donors do want to sue then it will probably have been too long to do so. Even if they can sue and do win, they probably won't see a dime. (See: MGM)
All this has happened before, and all this will happen again.
Get your money back now, folks.
If Axanar discovery survives long enough to surface more gems like "just use a pseudonym", and c'mon, you know it might go that way, donors could get agitated.
The day Alec Peters acts like a professional is the day I win an Olympic medal in Judo.
It's all propaganda.
OT: Belli was known as the King of Torts. He was once asked if he was offended by being called an "ambulance chaser". His reponse was a classic: "I certainly am. I never let an ambulance beat me to a wreck in my life."
No, no .. if you want a preview, look up his name and Ars Technica ...
Just did - remember reading some of those articles previously (Ars is part of my daily reading list). Come to think of it, Randazza would make a great Harry Mudd..........(if LFIM wanted to rip that off too....)
The news buried in Alec Peters' latest post is that the judge isn't holding a hearing on the motion to dismiss. He says he'll consider all the pleadings to date and rule from there. Same regarding the Klingon language amicus brief.
Some legal types are speculating that not holding a hearing doesn't bode well for the dismissal motion. Only time, and Judge Klausner, will tell, of course.
Also, one of the things a judge can do during a scheduling conference, such as the one that will be held in this case on May 9 is dispose of pending motions, such as the dismissal.
The other bits of news Peters teases in this blog:
• News about the studio (wasn't it just a "warehouse"?) completion may refer to reaching terms on the asset transfer to the secret private investors' group of which he refuses to confirm whether he's a member.
• The legal surprise Winston attorney Erin Ranahan appears nearly ready to pull out of her hat. Can't comment much about that since it would, by definition, have to be something truly novel. Possibly miraculous. I'll leave that to you. Of course, it could be something more prosaic, like finding some kind of discrepancy in the chain of ownership of Star Trek copyrights, which would be explosive (and a lot of attorneys would get fired LOL) and throw a big monkey wrench into the case.
However, at best, that would be a delaying tactic, since an ownership dispute wouldn't move Axanar any closer to production; the copyrights wouldn't fall into public domain, they'd merely transmogrify into a complicated set of legal knots that would have to be disentangled before this lawsuit could move forward.
Anyone else care to imagine the possibilities?
Some legal types are speculating that not holding a hearing doesn't bode well for the dismissal motion. Only time, and Judge Klausner, will tell, of course.
Also, one of the things a judge can do during a scheduling conference, such as the one that will be held in this case on May 9 is dispose of pending motions, such as the dismissal.
The other bits of news Peters teases in this blog:
• News about the studio (wasn't it just a "warehouse"?) completion may refer to reaching terms on the asset transfer to the secret private investors' group of which he refuses to confirm whether he's a member.
• The legal surprise Winston attorney Erin Ranahan appears nearly ready to pull out of her hat. Can't comment much about that since it would, by definition, have to be something truly novel. Possibly miraculous. I'll leave that to you. Of course, it could be something more prosaic, like finding some kind of discrepancy in the chain of ownership of Star Trek copyrights, which would be explosive (and a lot of attorneys would get fired LOL) and throw a big monkey wrench into the case.
However, at best, that would be a delaying tactic, since an ownership dispute wouldn't move Axanar any closer to production; the copyrights wouldn't fall into public domain, they'd merely transmogrify into a complicated set of legal knots that would have to be disentangled before this lawsuit could move forward.
Anyone else care to imagine the possibilities?
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