CBS/Paramount sues to stop Axanar
- Thread starter Richard Baker
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I actually found that before I saw your post. Thanks!
And I read it.
All 60+ pages of it.
The bit about seeking fan fiction policies, DMCA takedown policies, and information on previous DMCA takedowns is actually pretty interesting. Their reasoning behind seeking these documents is (from page 38, line 17):
The Big Ass Motion said:
So why is this interesting?
Nowhere in CBS/P's responses (at least that I could find) do they address the issue of determining willful infringement. On the other hand, one of the things the Defense wants is information on any takedown notices directed toward the Axanar works.
How do these two things go together?
My guess is that the Defense is going to say, "they didn't issue a takedown, so we assumed they didn't want it taken down, therefore not willful infringement."
I expect the Plaintiff will then counter with, "The lawsuit was a pretty damn good indication that we wanted it taken down. You didn't take it down. Ergo, willful infringement."
Or perhaps the other way around depending on how the procedure works in these things. Does the Plaintiff get to go first?
Either way, could be fun if this happens. The same evidence will work to support both positions.
Thanks again to Carlos for providing the document. I have a bizarre desire to read these things where this case is concerned.
New court filing on AxaMonitor: Axanar, CBS/Paramount spar over 50 years of financial and ownership records the studios call irrelevant and burdensome to gather. Also (finally!) the plaintiffs put it in black & white: the case is about Axanar's commercialization, they explicitly call out the studiowarehousestudio and Donor Store, they reveal Alec Peters spent money on personal expenses, and they reject Axanar's convenient post-lawsuit identity as a "fan film."
@carlosp, you are doing the Great Bird's work.
Maybe!
With the way Paramount is cracking down on amateur fan productions, they've lost me from continuing to be a Star Trek fan. Their new movies tend to be so unbelievable, so juvenile, so teen-ager directed, that I don't care for them at all. That Paramount wants to crush fan-based productions, shows that they have no understanding of the fan base and what made Star Trek a success. If I were an exec at Paramount, I would embrace the fan productions and financially back them to some extent or support them in other ways. It's all about greed.
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When you own an auto manufacturing facility, why would you waste your money on funding someone's lesser quality knockoff of your design? From the very beginning, Star Trek needed to make money, and pursued many avenues in order to make as much money as possible. Paramount is not a charity, they are a business. Why is this so difficult to understand?
Maybe you should read the thread.
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Eh, 1,212 pages (by the default settings) is a lot to read in order to catch up to the current state of things.
We really need a highlights reel.
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I think we had one several hundred pages back, but I sure have no desire to search for it.
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Axanar is/was an unlicensed professional Trek production. In every sense of the word.
A professional production that demanded, in a court of law no less, that CBS/Paramount needed to establish some rules for fan films. The implication being that, if CBS/Paramount didn't, then more unlicensed professional productions would start springing up.
Hence the subsequent 'cracking.' Cracking which didn't seem to have really bothered most of the actual fan-production producers, with one very obvious and whiney exception.
Did I miss anything?
And honestly - kinda doubting TPTB will notice if somone with no interest in their current product, has decided to continue having no interest in their product. Especially when they know most will buy the TAS bluray, or are still moaning for a DS9/VOY Bluray release.
"Productions"?? Plural, as in more than one? Did I miss a memo? The only such "amateur" fan production so targeting is Axanar, which by their own claims is not an "amateur production" but rather a professional independent studio, albeit one that has made a ton of amateur mistakes along the way.
A very valid opinion. I for one will be saddened that you will leave our fandom and I wish you well. I will mention that the audiences where I attend these new movies have continued to be heavily populated by gray hairs like myself. I went to each of these movies embarrassingly multiple numbers of times and gray hairs were a large demographic represented in each showing I attended. My Real Time Star Trek friends are about half and half made up of we who have been with Star Trek from its first run airing in the 1960s, and most of the rest began in TOS reruns or at least when TNG began... then have continued with Star Trek through all the movies and series as they came out, and not one of us at least, feel them to be unbelievable, juvenile, or teen-ager directed. Several of us are die-hard Original Series fans too. My Star Trek Real Time friends who live elsewhere have to a person told me they enjoyed these movies. With all of us in varying degrees ranging from 'enjoy' -- to liking them soooo much that they went back to see them in the theater even wayyyyyy more times than my own embarrassingly multiple times. {<--die hard Original Series fans) And every place in-between on that spectrum line. So there's that and all.
But fans in any and every fandom will always and forever vary wildly in our opinions.... on Everything. With each opinion being just as valid as the next one.... as an opinion.
So I do respect that these newest films do not work for you in any way, and your personal opinion of them. As per if you were as exec at Paramount, I will add that back in the beginning of this litigation, when I was a donor sending money to this production with no investigation on my part as of that point (which was my bad I know), and trying to figure out a way I could jump in and help and support the production in all of this, I began reading what this production was saying about getting what we want by making what we want and funding it ourselves, etc. etc., well the first thing 'I' said was "They (the production) have to stop saying these things. It's making them look bad. If this was 'my' property and somebody was using it and saying and doing this the first thing I'd do is sue them and put a stop to it."
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Whereas fan films continue to work within the guidelines. Geez, we've released four fan films since the guidelines have been released.
There IS!!! Well, sort of. A website run by Carlos who posts here has been doing massive collection and sorting out in readable order of all the data on this litigation. It's called AxaMonitor. Here's the link AxaMonitor Home Page. But the Quick Start there 'might' be a place to begin. Also jespah who posts here has been doing a great job for us of interpreting into layman's terms all those tons of legal documents that keep being filed. Page by page even. She's at website G&T Show
Both of them post updates here in this thread when they put up new information. AxaMonitor is a dedicated site so everything there pertains to this litigation. G&T is a much broader site in topics covered. I 'believe' that most? of the production related information there is on the Fan Dance link. Correct this if I'm wrong, jespah.
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<Exasperated sigh>
If that's what you believe then it's unlikely anybody here will change your mind so I won't try. Your statement that "Their new movies tend to be so unbelievable" made me smile though. Do you think that old one with the whales could really happen then?
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