They've been changing their position on what they are so frequently, and I've been whipping my head back & forth trying to keep up; I think I've hurt myself. Do I have a whiplash case?
And that's the news from the future. Good-night, Dan
CBS/Paramount sues to stop Axanar
- Thread starter Richard Baker
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It varied frequently at the very beginning, before they managed to get some sort of "message" control, but it has been pretty consistent since, especially considering Alec can't seem to get CBS/P to accept his settlement offers... for reasons that should be blindingly obvious to him, but apparently aren't - so he has spent plenty of time whining and fussing at any and all available opportunities.
Alec is in prime contention for the Flying Fickle Finger of Fate award
Well, I'm waiting for Alec Peters to invoke the power of the Church of the Flying Spaghetti Monster to help him prevail against the evil CBS/Paramount Corporation.
Pastafarians unite against the evils of LFIM! 
I'm starting to feel a bit noodleyPastafarians unite against the evils of LFIM!
Thanks for the links.
I just listened to them. Find them both well thought out and delivered points of view. Don't know him, don't know his production, but I have (at least) a couple of questions, or rather my own point of view responses to a couple of his questions:
-Re inclusion of his version of fan made paraphernalia for unlicensed productions being advertised in an IP holder's 'stuff for sale' catalogue alongside the IP holder's own merchandise, and the unlicensed productions having a second stage venue to display their productions.
I get his solutions though I'm not there yet on seeing how this would be accomplished.
The catalogue for instance. Catalogue production is not cheep though business income generated by them has been seen to be beneficial. So I'll just say an IP holder has decided this is an expense worth taking for their own 'stuff for sale'. So, okay, we have the catalogue.
Now then, to add more pages to it is going to generate cost for the business. Design, printing, shipping, wagging around to various venues, other, etc. So I didn't notice in his videos suggestions on how to cover this extra cost.... for let's just say one (pick any one) fan production. And let's say the production can keep theirs to a single page. Then add a second widely supported fan production's 'stuff for sale' in there; single page. And a third one. This could generate funds for many fan film minded producers and could catch on so there can be a fourth, fifth, sixth, seventh. The door is open now that the IP holder will do this .... so where is the line on how many can include their merchandising in the IP holder's own catalogue? Who pays the cost of these additions? Who pays the employees setting them up?
Just for the catalogue point, while being quite an interesting concept to me, and even aside of the cost, I recognize such an idea is fraught. Not in the least of which is the individual productions' fulfillment practices 'of' said fan products displayed in the IP holder's own catalogue. When, where, not at all, breakage, turns out to be not what was advertised, not at all if a production gets disbanded for some reason. Possible bad press for the IP holder for any number of things that could go wrong.
If the fan productions are covering the cost of additions to the catalogue.... where is the money to cover the cost coming from? Donations generated 'by' the catalogue? But right there I see issues that need examining; one being they use the funds being donated to produce the fan film to cover the cost in addition to the crowdfunding Host's funds. And crowdfunding Host charges, I have learned during this litigation, will be thousands (sometimes - and thousands more) of dollars.
And if the individual productions are each covering their personal cost additions to the catalogue there is the very real element of things like money up front? being billed later? changing the merchandising?
Fraught.
Nice concept though if a business had unlimited funds to cover the vagaries of fan film productions using their unlicensed (non-revenue producing) IP.
-and Re the question the video host posed: Just what is it in this production that makes it stand out from all the other productions that are not being called down for using unlicensed material?:
To me, for me, personally, and on my own, in my own research...... it is using the IP holder's unlicensed IP to raise funds used for building a personal future revenue producer. Whether it be a space for the defendant's second business to pay rent to himself or something much larger. And before the nays come in that this was never the idea of the studio & digital streaming and crowdfunding property I do refer you to any number of production podcasts and a couple of its video podcasts as well as various interviews that speak directly and unambiguously by and in the voice of the defendant himself to the intent for that which is built by these funds. As well as things in his blog that since the litigation began have been removed or reworded if one was following that blog since this litigation began. Which I have been.
And, of course, there was the IP contracted writer asked to write unlicensed material for this production under an assumed name.
Yes. This production and its producer are set miles apart from all the other productions also using unlicensed IP who Actually Complete Fan Productions.
EDIT: In Re to the vlogger's suggestion that the defendant's personality comes across negatively because of his listed in the vlog reasons so that is why at least a portion of people do not care for him, I must say that it is quite the opposite for me. I found him charming when I watched, listened to or read interviews with him. Still do. I find him a superb motivator, enthusiastic, and affable. However, since I began following the litigation, listening to him speak through his keyboard with vile & adhominenal cruelity ... and verifiable contradictions & falsehoods, actions etc. and looking through the retrospectroscope at his fully verifiable and documentable actions and talk in the past...... is when my own opinion of this person changed.
And since you mention you use Tony Todd as a type of gauge for your own personal behavior? Do look into what Mr. Todd has publicly said about this production.
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I think this is the big reason why they were sued. This is the major difference (besides the amount raised) between Axanar and other fan films.
You can't sell someone else's property to raise money for your future business.
I am still wondering if Terry might unknowingly submit a backup or two of Axanar's internal servers/machines as part of the materials he gets together. As a staff of one, Chief Technologist or whatever, its not inconceivable that he could have done some support work and then forgotten what was on the flash drives.
I look forward to the day when the same can be said of any convention anywhere.
I'd rather see Mrs. Ormphby try to beat some sense into him with her handbag.
Sock it to him
"I have never trusted the fans, and I never will... I can never forgive them... for wanting the Kelvinverse to die."
Wow! That was...really...hard going...
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Pausing for...thought and...drama to... better make my...point.
OK, Snark Mode Off
Anyone know what his beef with Lisa at Star Trek Continues is? I try to stay fairly up to date with Trek fan film news, but this one completely slipped under the radar!
Nice how he's just a guy...trying to help, to do...a favour to Vic...to help him...sort his...organisation out...
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- Concerning guidelines, there are those out there whose wish is to become the next Bjo Trimble, today the question is for whom? Apparently the guidelines have created a too small box for some productions and so I hear, If we just gave a little more here and took this from there, everything will be cherry" Well no.. because someone else is going to take issue.
I have my own issue, seems I can't register a script that I might create in the ST fan film universe. Much of my work is created in another (personal) universe and adapted to Trek Fan or Galaxy Quest productions. To put it out there is to put it out in the fandom without ownership attached, this will create latter issues of it's own. I also wonder how all of those super awesome creators of Star Trek elements will deal with rendering new ships, space stations and alike for the fandom to use. I'm sure they have always protected their work in some way in the past.
I hear this conflict in the guidelines, one that you can't register or copy protect and two that you need to obtain written permission to use protected works. Maybe it means what it means until it means something else.
I understand Star Trek is intellectual property but should fan created additions also belong to the IP holders, or is it to belong to nobody, for anyone to grab as their own. If this becomes the case, your either going to see the food fights began or nobody is going to wish to add anything new or good, because in a year or so, the original creator won't even be able to prove it was their work.
Odd no one seems concerned about this but hey, it doesn't concern the collection of money so who cares.
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I believe the studios are saying that even if a work is derivative and actionable, they won't sue over that aspect if you don't try to protect it. If you have a legit right to protect your work, they couldn't take away that right. I don't know who IP ownership rights would fall to for your unprotected characters/etc.. Its not work for hire. Its interesting.
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