CBS/Paramount sues to stop Axanar
- Thread starter Richard Baker
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I would go so far as to doubt that one is even in the works.
Where, oh, where is notice of the response to the counterclaim?
Well, now that he has actual experience getting sued for infringement, why not get sued again?
maybe the clerks are distracted by the Led Zeppelin trail?
One can contrast the thesis of Axanar's attorneys with the stated position of Judge Klausner on the Stairway trial as he rejected that defenses' motion to dismiss (from various articles on the case):
The defendants said Wolfe was a songwriter-for-hire who had no copyright claim, and that the chord progressions were so clichéd that they did not deserve copyright protection.
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 recognizable 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," 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."
[ not criticism, just reflection ]
1. How many studios with how many producers-with-access-to-a-studio exist in this country?
Just because Alec might have access to a studio will not guarantee he can be successful. Selling into distribution will be in competition to real professionals.
Unless the transfer was a sham, Alec shouldn't have a lot of ability to monopolize the facility and force anyone to work with him to have access. He may get part time use of the studio at a subsidized rate, even an office paid for by others, but it seems like so much else that would be needed (such as industry reputation) has been burned to the ground. And a bunch of donors are still out there expecting a project that might not get to be Trek. It might be a lot harder to attract the talent to do anything substantial after all this history, unless he pulls a victory out of the lawsuit.
2. nu-BSG could face the same copyright problems.
3. I don't see the business model.
They can't keep trading on the ripoff proposition to fans that "we will make you the authentic [IP you like] because those writers have evolved their story", unless they somehow avoid slapdown on this attempt to hijack IP.
They have created a relatively toxic situation for known stars who want to keep working with the offended studios. They have shown they aren't big on protecting the interests of writers, either. They want to run an operation where fan film pay rates are offered to professionals. They have shown they have little sympathy for the idea of due diligence to get rights clearance. Sounds like a great professional work environment!
They still can't even figure out how to mail their patches without convening a panel of experts and telling donors what a monstrously difficult task it is. I'm not in their industry, but I think I could still smell amateur vanity company a mile away once I noted this claim.
I think they would have to just throw out their entire history, and hire professionals to run the new production company. But any group of professionals could already do that at any time, and rent the greenscreen. So what is left?
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[Anakin]NOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO![/Anakin]
I couldn't watch a "Prelude to Colonyfall" without wanting to shoot myself or Peters...or both.
Yep. Even if a settlement had been reached - a filing indicating that the parties had settled out of court and thus the case was dismissed because of such a settlement WOULD also appear on Pacer.
Here is the pacermonitor link if anyone needs it:
https://www.pacermonitor.com/public...oration_et_al_v_Axanar_Productions,_Inc_et_al
https://www.pacermonitor.com/public...oration_et_al_v_Axanar_Productions,_Inc_et_al
The arcane mastery (i.e., not mastered by me at all) of the Federal Rules of Civil Procedure reveal that the countdown from the date of service of the counterclaim likely moved the plaintiffs' response date to June 16 or 17.
We'll keep monitoring Pacer and let you know.
We'll keep monitoring Pacer and let you know.
now.
Don't you mean "should face the same copyright problems."
Even if the defendants get hit with the minimum negative result in settlement (no making of "Axanar", hand over the studio, and perhaps no further involvement in ST fan films, EVER), imagine what could happen if he then tried to make a nuBSG fan film using the same tactics that have got us to where we are today!
More like a subscriber to the old axiom about a fool and his money.
I was talking about Burnett. It's like the Axahats get all tingly and glazey-eyed when people start talking about giving them money.
Don't you mean "should face the same copyright problems."
Even if the defendants get hit with the minimum negative result in settlement (no making of "Axanar", hand over the studio, and perhaps no further involvement in ST fan films, EVER), imagine what could happen if he then tried to make a nuBSG fan film using the same tactics that have got us to where we are today!
I should think the donor relationship will revolve around whether Axanar plaintiffs can get a settlement purged of conditions that clearly paint them as being in the wrong. Accepting a 100% ban on being involved in Trek, for example, would paint them as having been in the wrong.
No point in alarming or alerting the donors with stuff they should know, if you are still trying to squirm your way out of it behind the scenes. Unless, of course, you are one of those odd folk who feel transparency means in more than transparent in the gamma ray band.
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