CBS/Paramount sues to stop Axanar

[Jody Wheeler]

From Axanar's Official Spokesperson:

"Just so you don't have to go looking for it, here is Axanar Productions official statement regarding the answer to the amended complaint and counterclaim filed in the copyright infringement lawsuit with CBS Studios and Paramount Pictures Corporation:

Yesterday, Axanar Productions, through its law firm Winston & Strawn, filed a response to the first amended complaint filed by CBS Studios and Paramount Pictures. The response includes a Counterclaim for Declaratory Relief that previews Axanar Productions’ fair use defense, provides substantive background on how Alec Peters operated in good faith in his dealings with the Plaintiffs, and describes Alec’s fruitless four year struggle with CBS to obtain fan film guidelines.

This filing was necessary because, despite J.J. Abrams’ assurance that the lawsuit would be “going away,” and confirmation that CBS is in settlement talks and finally working on fan film guidelines, Paramount and CBS have not yet dismissed the lawsuit. Axanar Productions must therefore meet deadlines set by the court and proceed as if the lawsuit will continue until the situation is resolved.

We’re also still working to address the concerns of CBS and Paramount in a manner that will allow us to produce AXANAR, and satisfy over 10,000 backers and fans as well as the tens of thousands who have rallied to our side on social media and in public.

Regardless of the outcome, we are overwhelmed with gratitude for the words of support and encouragement we’ve received from J.J. Abrams and Justin Lin (as well as many other professionals in the filmmaking community). We are especially thankful for the support we continue to receive from our fans and backers."

https://www.facebook.com/groups/CBSvsAxanar/permalink/1223499827661385/

 

[Jody Wheeler]

According to the Axanariologist the boycott was gonig to backrupt the studio and force CBS to drop the suit.

Hollywood producers and directors are a superstitious and cowardly lot. They can be terrified of the least bit of bad press. So while I doubt the Axanarians can influence box-office, JJ and Lin can be scared that any negative voice could wreck their box-office.

See Batman v. Superman for reference.

 

[Noname Given]

True. If this is just an example of the "show" that happens in a case, then C/P will choose to settle anyway. However, if the lawyers come back to management and say "We have a bigger problem on our hands because of their counter claim", C/P may change their mind on fighting to the end, Trek 3 revenues be damned.

Drama!!!!

The "we deny everything still" is pretty standard - the outrageous/ridiculous claim of "Copyright abandonment" (given this Judge) and the description of Peters fandom and the countersuit is really over the top. Most attorneys (once they get a feel for the Judge) will often write a motion that exposes the strongest points of their side of the case, written in a way to 'play' to said Judge.

Given the (IMO) 'over the top' nature of the Defense's response, it just shows how utterly weak the Defense case is; and it reads like Erin Ranahan is so desperate; she's just throwing the proverbial 'everything and the kitchen sink'; probably thinking that IF they get an actual settlement it ultimately doesn't matter, and if they do end up going to Trial, maybe she'll get 4 Jurors that are stupid enough to ignore the law and side with Axanar (In a Civil trial you just need 9 of the12 Jurors to reach a verdict.)

From Axanar's Official Spokesperson:

"Just so you don't have to go looking for it, here is Axanar Productions official statement regarding the answer to the amended complaint and counterclaim filed in the copyright infringement lawsuit with CBS Studios and Paramount Pictures Corporation:

Yesterday, Axanar Productions, through its law firm Winston & Strawn, filed a response to the first amended complaint filed by CBS Studios and Paramount Pictures. The response includes a Counterclaim for Declaratory Relief that previews Axanar Productions’ fair use defense, provides substantive background on how Alec Peters operated in good faith in his dealings with the Plaintiffs, and describes Alec’s fruitless four year struggle with CBS to obtain fan film guidelines.

This filing was necessary because, despite J.J. Abrams’ assurance that the lawsuit would be “going away,” and confirmation that CBS is in settlement talks and finally working on fan film guidelines, Paramount and CBS have not yet dismissed the lawsuit. Axanar Productions must therefore meet deadlines set by the court and proceed as if the lawsuit will continue until the situation is resolved.

We’re also still working to address the concerns of CBS and Paramount in a manner that will allow us to produce AXANAR, and satisfy over 10,000 backers and fans as well as the tens of thousands who have rallied to our side on social media and in public.

Regardless of the outcome, we are overwhelmed with gratitude for the words of support and encouragement we’ve received from J.J. Abrams and Justin Lin (as well as many other professionals in the filmmaking community). We are especially thankful for the support we continue to receive from our fans and backers."

https://www.facebook.com/groups/CBSvsAxanar/permalink/1223499827661385/

^^^^
Interesting that he doesn't bother to provide any quotes of said support statements from the other" Industry professionals" , eh?

 

[Mudd]

Abrams and Lin could be concerned and pressed to get the matter settled. The higher ups might have decided "Well, instead of taking Alec to the grave-yard, we'll just take him to task by settling the matter. He loses something, we lose something, but there's no mote in the press-eye during the release of the film."

What does CBS have to lose in a settlement?

The more interesting part of the question - more puzzling to me, anyway - is why anyone in a position of responsibility to the studio would decide that a PR announcement with regard to an unresolved legal matter, without notifying the attorneys beforehand, would be a sharp move.

 

[Jody Wheeler]

What does CBS have to lose in a settlement? The more interesting part of the question - more puzzling to me, anyway - is why anyone in a position of responsibility to the studio would decide that a PR announcement with regard to an unresolved legal matter, without notifying the attorneys beforehand, would be a sharp move.

If -- if -- the decision was made shortly before the event on Friday, there may not have been time. C/P said "This is the best opportunity we have to co-opt the fans on this. JJ go say something and we'll deal with the lawyers later."

Remember, Alec doesn't have a monopoly on giving his lawyers conniptions. (Though he has a large number of outstanding shares.) C/P may have cleared it with their attorney...or told their attorney to Make it So after the announcement.

 

[Jedi_Master]

What does CBS have to lose in a settlement?

The more interesting part of the question - more puzzling to me, anyway - is why anyone in a position of responsibility to the studio would decide that a PR announcement with regard to an unresolved legal matter, without notifying the attorneys beforehand, would be a sharp move.

JJ is a force unto himself, and as the principal of a very influential production company likely felt qualified in making a public statement about what "the studio" should do.
Some people think it was a brilliant move (I don't) but in any case it exemplified how much power JJ has, and how he can use it whenever he wants.

 

[RedForman]

I feel sorry for Klausner reading this filing. Paging through it, shaking his head, thinking "The fuck? Did they get a 5 year old to write this"

 

[Mudd]

I suppose that's all as possible as anything else, but none of it strikes me as any more plausible than Abrams just going off the reservation. I got the impression that he knew little more about the situation than Lin had told him.

 

[BoredShipCapt'n]

haven't poked them in the Eye

Eye see what you did there.

Hollywood producers and directors are a superstitious and cowardly lot. They can be terrified of the least bit of bad press. So while I doubt the Axanarians can influence box-office, JJ and Lin can be scared that any negative voice could wreck their box-office.

See Batman v. Superman for reference.

Hollywood is the Land of Appearances.

 

[mos6507]

I find it hard to believe that Team Axanar couldn't have claimed extenuating circumstances and gotten an extension from the judge if they wanted to. It seems like they are just using a bad-cop defense when they really wanted to exploit the situation.

 

[Jedi_Master]

I suppose that's all as possible as anything else, but none of it strikes me as any more plausible than Abrams just going off the reservation. I got the impression that he knew little more about the situation than Lin had told him.

That's a reasonable supposition. I think we all can agree that he hasn't spent one second thinking about it sense then.

 

[RCAM]

I now eagerly await the Downfall parody where JJ-Hitler is informed that Alec chose to take his get-out-of-jail-free card and twist it into a counter-suit.

Oh, man. That really needs to be made... like... right now.

 

[Noname Given]

I find it hard to believe that Team Axanar couldn't have claimed extenuating circumstances and gotten an extension from the judge if they wanted to. It seems like they are just using a bad-cop defense when they really wanted to exploit the situation.

Honestly, If/When there is a settlement I'm 100% sure BOTH sides will be bound by a confidentiality agreement NOT to discuss the specifics. Personally, I have to say in the long run, if that's the case I'm fairly certain Mr. Alec Peters WON'T be able to abide by that stipulation for long - which will either blow up said settlement and/or see him back in a courtroom.

Again, time will tell.

 

[Franklin]

From Axanar's Official Spokesperson:

"Just so you don't have to go looking for it, here is Axanar Productions official statement regarding the answer to the amended complaint and counterclaim filed in the copyright infringement lawsuit with CBS Studios and Paramount Pictures Corporation:

Yesterday, Axanar Productions, through its law firm Winston & Strawn, filed a response to the first amended complaint filed by CBS Studios and Paramount Pictures. The response includes a Counterclaim for Declaratory Relief that previews Axanar Productions’ fair use defense, provides substantive background on how Alec Peters operated in good faith in his dealings with the Plaintiffs, and describes Alec’s fruitless four year struggle with CBS to obtain fan film guidelines.

This filing was necessary because, despite J.J. Abrams’ assurance that the lawsuit would be “going away,” and confirmation that CBS is in settlement talks and finally working on fan film guidelines, Paramount and CBS have not yet dismissed the lawsuit. Axanar Productions must therefore meet deadlines set by the court and proceed as if the lawsuit will continue until the situation is resolved.

We’re also still working to address the concerns of CBS and Paramount in a manner that will allow us to produce AXANAR, and satisfy over 10,000 backers and fans as well as the tens of thousands who have rallied to our side on social media and in public.

Regardless of the outcome, we are overwhelmed with gratitude for the words of support and encouragement we’ve received from J.J. Abrams and Justin Lin (as well as many other professionals in the filmmaking community). We are especially thankful for the support we continue to receive from our fans and backers."

https://www.facebook.com/groups/CBSvsAxanar/permalink/1223499827661385/

"...fair use defense [(well, except for use of "Star Trek" IP to sell coffee and models and a few other things)]...." Sentence fixed.

"...Paramount and CBS have not yet dismissed the lawsuit [and will not, of course, until settlement papers are signed]. There that's more clear.

"...and describes Alec's fruitless four year struggle with CBS to obtain fan film guidelines [even though he assured potential donors he knew the fan film process very well and was aware CBS could shut him down at any time if he got out of line]. OK, that sentence is fixed, too.

"...and [finally] satisfy over 10,000 backers and fans [who waited years even before the lawsuit for this movie to finally be made]. Another sentence is fixed.

"We are especially thankful for the support we continue to receive from our fans and backers [who follow us blindly without question. But unfortunately, that still does not mean our loyal followers will be receiving their perks any time soon. That said, we hope they will be sure to visit the Axanar store online]." Now, that is much better.

 

[Firebird]

Not sure why this simple equation escapes the defendants:

"Going away" =/= "dropping the lawsuit"

If I were Klausner, I'd be ready to throw the book at Alec, et al for wasting my time.

 

[Sgt_G]

I was so wrong about this.

I for one won't say, "Nah nah nah, I told you so," but rather, "Welcome to the club, a lot of us have been down that road."

 

[Campe]

If and when Axanar loses this battle badly, the worst thing to do is do the "I told you so" routine. People will. I will likely not join in. It's not fair and it's not right.

 

[Warped9]

If and when Axanar loses this battle badly, the worst thing to do is do the "I told you so" routine. People will. I will likely not join in. It's not fair and it's not right.

If?

 

[Campe]

^ I'm being nice. Doesn't happen often.

 

[RCAM]

If and when Axanar loses this battle badly, the worst thing to do is do the "I told you so" routine. People will. I will likely not join in. It's not fair and it's not right.

That's how I feel, too. There's no point in being a prick. And it would be painfully ironic, considering being a jerk for no reason is one of the issues we have with Alec.