CBS/Paramount sues to stop Axanar
- Thread starter Richard Baker
- Start date
- Status
He'll use this to say to CBS/Paramount "See, I tried to get everyone on board with the guidelines. It's not my fault that the others want to violate your IP."
I'd bet real money that this is coming. Wait for it.
(I don't think Klauser will buy it. He's been consistent on calling BS so far.)
Yes. Pathological lying and drama is what she has instead of life.
Except none of the others, after all these years, ever stepped over the line. Yes, technically they were all violating CBS' IP, but as long as they kept it lowkey CBS' stance was "no harm, no foul."
AP is all on his own and CBS isn't fooled for a second.
Judge Klausner has nothing to do with the settlement per se (if there is one); beyond stating in the record the parties have settled, and the case is then dismissed. The case in chief doesn't have ANYTHING to do with any guidelines CBS or Paramount may put out because at the time the infringement occurred and the case was filed no official guidelines exist. Any guidelines in the settlement WILL ONLY apply to Axanar and Alec Peters because to date they are the only entities named as defendants.
^^^
The above said, C/P may publish/make public similar guidelines and also state publically that as long as they are not violated - a Star Trek fan film production need not worry about a lawsuit; BUT if Erin Ranahan is involved in talks with C/P lawyers to get a set of guidelines into a settlement agreement - said guidelines would ONLY apply to Alec Peters and Axanar.
----
TLDR:The fan film community won't know what (if any) guidelines Paramount or CBS will have for them at large until there's an official statement (if it ever comes) for CBS and/or Paramount - and those guidelines may be different from any guidelines Axanar/Alec Peters gets as a part of any settlement on the C/P Copyright Infringement case (if a settlement is reached by BOTH parties.)
Last edited:
I thought that if we get past page 999 it resets to zero and this nightmare never happened. . . . . . or is that a Twilight Zone plot?
No, the Judge doesn't have to approve anything in a Civil case. It's between the parties involved. The Judge just needs to verify BOTH parties agree to all parts - then they enter into a record that a settlement has been reached; and the case is dismissed. The terms of the settlement may not even be entered into the record as that's not generally made a part of the 'public case record' (unless both parties want the terms of the settlement entered into the public record.) Most times there's a stipulation that NEITHER side will discuss any of the terms of a settlement in public or make the terms public (something that I'm sure will be hard for Alec Peters to abide by if there is indeed a settlement.)
The only time a Civil Judge would get involved in settlement talks would be at the request of BOTH parties (IE sometimes a Judge will actually arbitrate settlement talks - but these days 'Alternate Dispute Resolution' means both parties agree to an outside mediator from a list of mediators approved by the Court - that way Judges just spend time hearing/moving actual cases.)
If this was a Criminal case (IE a plea bargain or some such 'settlement' by a DA and a Criminal Defense Attorney's client) then yes, a Judge would need to look over and approve it.
I've never sat on a civil case, my wife has. I'm told the jury decides on the settlement, or at least in that case. If the jury in her case sided with the defendant, the plaintiff could have another case brought to court but the jury was able to award the case to the plaintiff with a settlement of one dollar bringing an end to it. This happened to be some guy with a history of suing every employer that had the misfortune to hire the guy.so they allowed him to win and awarded him one dollar.
In a Civil case, yes, the Jury decides once the case goes to trial, and after a verdict is reached. If the parties settle BEFORE the case gets to the actual trial phase (which is where the C/P v. Axanar lawsuit is at this point - still in Pre-Trial) ; then no, a Jury isn't involved.
I think you're right. I'm not a lawyer but IMO the lawsuits are a forgone conclusion with AP looking down the legal end of he's not winning these cases. So AP's spinning and slanting anything and everything he can trying to curry favorable public opinion with misinformation. AP being AP his efforts keep exploding in his face as he pisses off more and more people.
I'm burned out on AP's arrogant delusional showboating and grandstanding believing he's some kind of hero representing and speaking for all Star Trek fans and fan films. I wish AP would stfu and be a man facing the consequences of the lawsuits instead of trying to use the Star Trek fan community to save himself. Sorry everyone, a bit of a rant, I'm tired of AP's b.s.
I still hold by my disclaimer that whatever happens with this it's the people who have coughed up cash that I have sympathy for. If I'm being brutally honest, though, that disclaimer is slowly being eroded away by some of those people that, in the face of everything, are actually becoming more zealous in their support of the project.
So with that in mind I find myself guiltily looking forward to their reaction if and when this project is released and it in no way resembling what they believed it would. As a few posters pointed out earlier some heavy restrictions on these films will suit Alec Peters down to the ground because he cannot make Axanar as originally intended and now he won't even need to spin it too much, he'll just copy and paste the guidelines and say "There you go, we followed that".
So with that in mind I find myself guiltily looking forward to their reaction if and when this project is released and it in no way resembling what they believed it would. As a few posters pointed out earlier some heavy restrictions on these films will suit Alec Peters down to the ground because he cannot make Axanar as originally intended and now he won't even need to spin it too much, he'll just copy and paste the guidelines and say "There you go, we followed that".
As could be guidelines #2 thorugh #10.
If I understand correctly, the guidelines have nothing to do with any settlement. Nor has CBS/Paramount asked for anybody's input. So, once again AP is whistling outta his ass. Am I right?
Show starting in about 5 - 10 minutes or so.
http://www.gandtshow.com/streaming/
I predict mostly a rant with occasional musical interludes.
Thank you, as always, for your kind support.
http://www.gandtshow.com/streaming/
I predict mostly a rant with occasional musical interludes.
Thank you, as always, for your kind support.
One of the points in favor of doing crowd funding is that there are people who donate ten bucks and become fans for life. They become fitted with rose colored glasses and after that it matters little the quality of what's presented on the screen. They'll be singing the praises for years to come because that's their baby and most everything else is a threat standing in the way of their next super awesome cool adventure.
I'm not sure who started the "US against Them" mentality over at Axanar or if anyone even needed to start it or simply left it unchecked.
I suppose you're correct by sticking to your guns, it isn't the donors fault that this has been allowed to become cultivated.
It's pretty fascinating to see that many Axanar supporters think that the fan film guidelines are going to be part of the settlement; that Alec and W&S will somehow be able to dictate those terms.
I pointed out that if Axanar is able to make their film, it will be because they've negotiated terms with CBS that include that provision. Those terms might or might not be the same as the fan guidelines. But W&S is not obligated to fight for the right of all fan filmmakers to make fan films, only the best outcome for Alec and Axanar.
- Status