Is that Sophie the Spoiler squrrel from Den of Geek?
CBS/Paramount sues to stop Axanar
- Thread starter Richard Baker
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If I were looking to enter anything from Facebook into evidence, I would send a subpoena directly to Facebook. This would (should, if I want my request satisfied in any sort of a timely manner) include the date and time and date stamp, and whether the post was within a group or page, or on someone's wall. A screenshot might help them as well.
As for authenticating it, that would be a lot harder. It is the essence of hearsay. That is, it is unsworn (just like our conversation here), and I would be using it in an attempt to prove its own veracity. Here are exceptions (might come under 7 or 21): https://www.law.cornell.edu/rules/fre/rule_803 and
(only area where I can see this second one applying is (b) 3): https://www.law.cornell.edu/rules/fre/rule_804
As for authenticating it, that would be a lot harder. It is the essence of hearsay. That is, it is unsworn (just like our conversation here), and I would be using it in an attempt to prove its own veracity. Here are exceptions (might come under 7 or 21): https://www.law.cornell.edu/rules/fre/rule_803 and
(only area where I can see this second one applying is (b) 3): https://www.law.cornell.edu/rules/fre/rule_804
Yeah, well, aren't the waters muddy enough? My opinion: please stop doing that!.
True. But parody is usually self-evident that it is parody. These look too much like the real McCoy that the casual observer doesn't know it's really a Hatfield.
I wouldn't get my hopes up that anything indicating criminal activity is part of what Terry is planning to release; he has said so himself.
Well, if it gets out he has copies of actual Axanar principal e-mails. Loeb & Loeb could subpoena him for a deposition, and get a court order for him to turn over what he has. If that happens Terry won't be the one who picks and chooses what gets used from the e-mail archives he has. Again, I understood that (again assuming the Facebook post was genuine) he was meeting with his own attorney - but again, although not named as a defendant - he is a person who was a part of Axanar and he could be deposed by Loeb & Loeb directly regarding what he knows and any evidence he has.
What, I can't see anyone! oh, wait...
I did guess here that he might have access to a copy of the emails as part of his bombshell. But I don't see how he could release them without legal consequences. Aren't they protected the way mailboxes are protected, at least for a while, or perhaps covered under wiretap laws? Or at least protected as corporate property, and possibly trade secret material? I don't see how CBS/P could simply accept them from him. Emails sent/ccd to him, perhaps. But a backup he had access to but no authority to copy/keep?
Of course, it the material became public Axanar would have to deal with the consequences as a PR matter, regardless of the legal claims they could make for damages.
Yes they are protected - that's why a court would need to subpoena them - which is what I said in my opening line.
Spokesperson Reese asserts this proves Alec is not responsible for the perks delays.
To the contrary. Any CEO with a business commitment is responsible to recognize he won't be able to meet his date, and take necessary steps in a timely manner to remedy the situation, as well as communicate the fix to affected parties.
Allowing this situation to go on for many months and even ignoring statements indicating it wasn't going to get done does NOT constitute exonerating business behavior.
two observations:
1. Terry would get in trouble if he tried to release them.
2. Terry may have defeated any attempts by AP to wipe such records, if it happened, by having a safe copy of the emails. It would of course have to be established that the copy is legitimate, and without chain of custody through disinterested third parties this might be difficult.
Of course, if CBS/P were to see them anyway, and get clued in on issues they could develop independently, this could be a strategic problem for Axanar. But since Terry was talking about lawyering up I would imagine this wouldn't be in the works -- the asset officially exists, and so is subject to attorney battles I guess. I am imagining that CBS/P could be asked under oath whether they examined the backup (which could deter them from doing so, if they thought it might be seen in court as unethical to do so), and the backup itself could possibly be ruled inadmissible on the chain of custody authenticity question.
The best I could imagine coming out of this immediately for CBS/P would be that if they could ascertain from metadata about the backup exactly what file to ask for from whatever hosting service ran the email, they might have a better chance of getting that third party copy. I don't know, though, if they have anywhere near the authority to ask for all emails during discovery. Maybe they could subpoena that an officially-provided backup be placed in some sort of escrow hold pending queries they wished to run against it using a forensic document analysis firm.
All depends how pissed they are
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If I'd spent more than three minutes on it, I'd have some severe concerns about what I'm doing with my life - and it'd actually be funny
I suspect whatever he's sitting on is just more of the same of whats out there so far regarding future intent, mismanagement and Alec's people skills which includes changing the story to fit whatever he's selling that day. Just from a closer source.
At this stage with the "we're skint, honest!" screencap I honestly just think Alec is so used to bending the truth that it's difficult for even him to keep to the same story.
Just what I was thinking
Small bit o' news from PACER: Andrew Jick has apparently left Winston & Strawn. He is being replaced on the case with Diana Hughes Leiden.
I do not know where Mr. Jick has gone to; his LinkedIn profile has not yet been updated, but that's not a priority for everyone, of course.
Note: Diana Hughes Leiden does not appear to be any sort of a relation to:
I do not know where Mr. Jick has gone to; his LinkedIn profile has not yet been updated, but that's not a priority for everyone, of course.
Note: Diana Hughes Leiden does not appear to be any sort of a relation to:
- Diana
- nuDiana
- protoDiana
- Ted Hughes
- Finola Hughes
- Howard Hughes
- Johnny Lydon
Now obviously I've never heard of her but I confidently predict she will soon be described by a source well known to visitors of these hallowed pages as the greatest lawyer in the world ever since, oh I don't know, Matlock.
She is Matlock's daughter.
Wonder if she, Alec & Erin will go out for sushi?
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