CBS/Paramount sues to stop Axanar

[carlosp]

Wading into debate with his Kickstarter backers, Axanar producer Alec Peters trots out long-debunked justifications for what's gone wrong.

 

[OtherGene]

There is no road lower than the one that Alec Peters, Robert Meyer Burnett, Mike Bawden, Terry McIntosh, Prime Diana and nuDiana, and all their sheep have been traveling, lo these many years. Some examples, since this long and winding road seems to have left some of us a little murky on the details:

--Alec accusing Carlos Pedraza, a respected journalist and writer of being a cyber stalker and a fraud, solely on the basis that Axa-monitor is regularly covering this case, creating a resource for unbiased reporting of the facts as they occur or come to light. Accusations, by the way, which are all the more ironic when one considers that Alec Peters himself is the Lord King of Censorship and Selective Fact Reporting on via his own social media outlets. Heaven forfend the actual truth be known!

--Terry trolling anyone and everyone on this message board during his time here last summer when the hard questions were posed to him, to the point that he ran away crying rather than simply engaging the discussion without making outright attacks and threats, much like his regular conduct on Facebook before a parted ways with Axanar.

--Robert Meyer Burnett's foaming at the mouth Twitter rants, again crybabying his way out of whatever latest development occurred that was not in Axanar's favor because god forbid this manchild not be allowed to play with Star Trek's toys any way he sees fit.

--Alec attacking, insulting, demeaning, (attempting to) discredit, doxxing, trolling, name-calling, outright lying about, intimidating, accusing, alienating, threatening, interrogating, and annoying anyone who dares to stand up to him, criticize his choices, or outright tell him he's full of shit for his misconduct. I should know; I've been calling him out on all of this since at least 2012 when he first started this whole scam to begin with, battling him against all three of his dual usernames here and observing the same behavior elsewhere on the 'net, from Blastr to io9 all the way to the Hollywood Reporter. The dipshit literally can't keep his mouth shut. How can someone with eyes that big be so blind?

Alec Peters has no problem attacking others when it suits his needs, or if he feels cornered (because he can't defend his appalling behavior) or if he thinks it will deflect negative attention or focus on his very clear and blatant wrongdoing. Time and again Peters shits on Star Trek Continues and Vic Mignogna in particular, and showed no compunction about throwing his own "good friend" James Cawley under the bus as well.

It doesn't end there, either. The internet is littered with legions of people from various sites -- including the TrekBBS (where Peters has been banned three (THREE!) times -- who are sick of his petty, immature and childish behavior. The man has no concept, no microscopic sense of the word "accountability" for his own actions, consistently and continuously offlaying blame and responsibility for any wrongdoing to others. Tony Todd isn't with the production anymore? Oh, well that's because he wanted too much money! It can't possibly be that Todd is a respected actor who has worked consistently in Hollywood for over 30 years having issues with Peters' ineptitude as a producer. Perish the thought! CBS sues because Peters tells everyone that he paid himself nearly $40K to work "full-time" on his fan film? Oh, well that's not fair at all! How is Peters supposed to support himself? It can't possibly be that CBS/Paramount are actually doing their due diligence to protect their property and property rights now that they feel someone has crossed a line beyond their generosity.

And let's not forget that Peters used the money he collected from goodwill of the fans and on the strength of a name and franchise he doesn't own to fund his own for-profit studio...and then announced exactly that plan to the world. That can't possibly be relevant to this case, could it?

The reason CBS and Paramount are suing is because Peters, the fool that he is, not only made money off this project but he broadcast it to the world and that -- making money on the STAR TREK IP -- has been, consistently, the one thing CBS and Paramount have said over and over and over again NOT TO DO. Peters/Axanar is the only group that seem to fail to grasp this simple little concept.

New Voyages, Exeter, Continues, Farragut, Valiant, Hidden Frontier, Intrepid, Secret Voyage, Excalibur, Dominion, et al... they all know how to play by the rules. Alec Peters and Axanar are the ones who have chosen to color outside those lines and are now paying the price for it.

Now, I don't believe that they started out this way intentionally nor do I believe that it was Peters' plan all along to hoodwink so many fans out of $1.1 million. I very much can see the likelihood that "scope creep" could be at fault as much as any of Peters' own stupid hubris and arrogance.

But make no mistake. Peters is arrogant as fuck. He encricles himself with an echo chamber on his Axanar Fan Page on Facebook, where only the "true" fans are safe from being banned. Peters, Burnett and Terry McIntosh are completely incapable of handling even the slightest negative commentary against them or their vanity project, or any critical discussion about anything Axanar or Peters may have done wrong to warrant this lawsuit. Peters himself has an IV of his own Kool-Aid hooked right into his bloodstream and he believes each outrageous and stupid comment he makes until it backfires on him and then he quickly backpedals it all. Newsflash, Darth Garth: If you only meet one asshole today, they're the asshole. But if EVERYONE you meet today is an asshole, then chances are, YOURE the asshole.

No, Peters deserves everything he's getting now. He's alienated, attacked, threatened, trolled, insulted, demeaned, interrogated, and annoyed enough people online that those same people are now speaking up. The only person Peters has to blame for any of this is himself. He is a spoiled brat, a man-child incapable of standing up and taking the heat for his own actions and will be summarily crushed by the legal right CBS has to crush his stupid ass for infringing on their rightfully-owned property.

Alec Peters and Robert Meyer Burnett have spent the better part of the past two years going all over the internet, podcast, convention and social media world loudly proclaiming all their plans for what they would be doing with Axanar, Ares Studios and how they'd profit off it while at the same time taking massive conversational shits all over the official Paramount Star Trek films.

Now, with the list of infringements, its hard to defend all the wrongdoing by Peters and his cronies. Even if these jokers survive discovery during trial and somehow win, they still have to face the obvious and looming second reality of all this:

The simple fact is the other studios ABSOLUTELY WILL join in the inevitable and certain appeal CBS and Paramount will launch. You think Disney is going to sit idly by while someone else establishes law that says Joe Blow Trekkie can freely do whatever he wants with Mickey Mouse? Good luck with that.

Now we see there are no limits to the pathetic and pedantic ruses both Peters and his lawyers at Winston & Strawn will go to in order to find something. hopefully, that will stick and give them some lifeline to hold on to whatever ill-gotten gains they've acquired in this whole debacle, up to and including the utterly laughable NDA that Peters has now released into the wild, expecting people to suddenly shut up because he refunded $20?

Give me a goddamn break.

Peters is screwed. And he has no one to blame for this but himself and his own stupid greed, hubris, and inexperience. Peters does not own Star Trek, thus he was never in a position to "hire" himself full-time nor draw a salary of any amount based on the content of the project. THAT's what the lawsuit is about.

That he is so deluded, so far gone that he maybe can't see himself for the moronic turn his every move now takes is perhaps all the more tragic. He clearly had some sort of redeemable or respectable skillset to get so many people involved with this to begin with but like the inept fool he is, he fell into the toilet bowl of his own grandiose ambition, and every time he tries to get out of it, he's just giving himself more swirlies.

All that being said, I do agree that while Peters makes himself a very easy target, it need not devolve into petty name calling. Not toward him, or any of his associates. I for one am going to do my part to refrain from this behavior since I know I've been prone to it occasionally. There's enough wrongdoing on the part of Peters, Burnett, Axanar, et al that name-calling is, at this point, hilariously redundant.

Also...

...no, that's pretty much everything covered, actually.

 

[jamestyler]

Then the public doesn't need to donate. No one is forcing them to give away their money. Its a donation, not a purchase. If people get screwed enough, then kickstarter as a fad or a thing will die out. If people continue to gamble, then who cares? Its not anyone's job but the donator, to investigate where they are spending their own money, and doing their own due diligence.

I'm not fond the use of the word donation for things like this. I don't find it accurate.

I raised funds for charities and courted donations. In doing so I explained why we needed the money, what the money would be used for, the projects we were focused on at that particular time (including paperwork and how to get further information thats too heavy to carry around!), and an opt-out clause before we received a penny.

It's a gift and it's treated as such; and those who give are treated with respect and gratitude for their help. The logic to that doesn't seem to apply to Kickstarter projects that fall into the Axanar approach.

Kickstarter projects like this isn't a donation as much as it is a means to fund for return of an item; it's one part investment, but mostly a transaction.

The entire goal is for the end user to receive a product. In Axanar's case this is a film, or a patch, or a uniform, or a small statue of Alec Peters standing on top of the world holding a bag of cash over his head. Calling these things perks isn't much of a get out clause when those perks are part of the transaction.

What's more concerning is that projects like Axanar have, and continue to, blur the lines of truth in how the money has been spent to the point of deception. If you gave them money to make a film, and that money was spent on other things - as the law people allege, expenses, tires, travel, wages or as we've all seen the past few months and wondered - carpets and offices - then the capitol you have invested in the project was used incorrectly (potentially purposefully); they did not create what you'd paid them to create. You have been deceived and have not got hat you paid for.

And in cases like this one - where the research on a product would likely come down to one man and his team assuring that the only truth spread is his own - even going as far as to shut down, block, and berate anyone who opposes him - as well as try and silence refunds with NDA's - it's hard to fault the people falling for the scam, and foolish to put the blame on those scammed instead of looking to protect them and people like them in the future.

The solution to this shouldn't be "let people get ripped off until they get fed up." or let the con men reign supreme until someone gets bored. That only allows more people to promise a product they don't intend to, and walk away with cash in their pockets they obtained on a lie.

 

[wtriker1701]

You know you're on the right track, when Alec Peters calls you a hater.
You know you're DEFINITELY right, when Alec Peters calls you a LIAR!

That's no badmouthing, these are simply facts! FACT!

 

[Smoked Salmon]

I'm not fond the use of the word donation for things like this. I don't find it accurate.

I raised funds for charities and courted donations. In doing so I explained why we needed the money, what the money would be used for, the projects we were focused on at that particular time (including paperwork and how to get further information thats too heavy to carry around!), and an opt-out clause before we received a penny.

It's a gift and it's treated as such; and those who give are treated with respect and gratitude for their help. The logic to that doesn't seem to apply to Kickstarter projects that fall into the Axanar approach.

Kickstarter projects like this isn't a donation as much as it is a means to fund for return of an item; it's one part investment, but mostly a transaction.

The entire goal is for the end user to receive a product. In Axanar's case this is a film, or a patch, or a uniform, or a small statue of Alec Peters standing on top of the world holding a bag of cash over his head. Calling these things perks isn't much of a get out clause when those perks are part of the transaction.

What's more concerning is that projects like Axanar have, and continue to, blur the lines of truth in how the money has been spent to the point of deception. If you gave them money to make a film, and that money was spent on other things - as the law people allege, expenses, tires, travel, wages or as we've all seen the past few months and wondered - carpets and offices - then the capitol you have invested in the project was used incorrectly (potentially purposefully); they did not create what you'd paid them to create. You have been deceived and have not got hat you paid for.

And in cases like this one - where the research on a product would likely come down to one man and his team assuring that the only truth spread is his own - even going as far as to shut down, block, and berate anyone who opposes him - as well as try and silence refunds with NDA's - it's hard to fault the people falling for the scam, and foolish to put the blame on those scammed instead of looking to protect them and people like them in the future.

The solution to this shouldn't be "let people get ripped off until they get fed up." or let the con men reign supreme until someone gets bored. That only allows more people to promise a product they don't intend to, and walk away with cash in their pockets they obtained on a lie.

It's not a donation, it's a contractual relationship as I said above. Even Kickstarter thinks so if you read their terms.

While the "donors" might not be consumers in the standard sense, to me it's clear that consideration is provided in return for a product....and that product isn't just "perks". It's the product being contributed towards, i.e. the film.

 

[Smoked Salmon]

Wading into debate with his Kickstarter backers, Axanar producer Alec Peters trots out long-debunked justifications for what's gone wrong.

I just saw this...

"plus another $3,099 for his actors’ union dues"

....I never knew that. While the salary could just about be spun as an expense, this absolute cannot and is totally cut and dried. It is a payment that is entirely apart from an individual expense in the course of production. It's like me expecting a client of my to directly pay for my practising certificate. It's utterly disgraceful, and in my profession it's called a misappropriation of client funds - which can get you disciplined by the regulator and even struck off (disbarred in American parlance). In short, it's fraud.

 

[Karzak]

Yeah, I have long suspected Peters was using the Kickstarter funds for his union dues; he's completely shameless. What a piece of work.

 

[RedForman]

Wading into debate with his Kickstarter backers, Axanar producer Alec Peters trots out long-debunked justifications for what's gone wrong.

LFIM:

 

[Karzak]

 

[muCephi]

Wading into debate with his Kickstarter backers, Axanar producer Alec Peters trots out long-debunked justifications for what's gone wrong.

So he put all the money back? His only admitted mistake?

Is this the mustard seed of what would become the full flower of Axanar Productions?

excerpt from "Whom Gods Destroy":

GARTH: That was my only miscalculation. I had changed. I had risen above this decadent weakness which still has you in its command, by the way, Captain. My crew had not. I couldn't sway them, but my new crew, the men in this room, will obey my orders without question. Gentlemen, you have eyes but you cannot see. Galaxies surround us, limitless vistas. And yet the Federation would have us grub away like some ants on some somewhat larger than usual anthill. But I am not an insect. I am master of the universe, and I must claim my domain.

 

[Jedi_Master]

It does seem like the walls are closing in....
Couldn't happen to a nicer person.

 

[wtriker1701]

I just saw this...

"plus another $3,099 for his actors’ union dues"

....I never knew that. While the salary could just about be spun as an expense, this absolute cannot and is totally cut and dried. It is a payment that is entirely apart from an individual expense in the course of production. It's like me expecting a client of my to directly pay for my practising certificate. It's utterly disgraceful, and in my profession it's called a misappropriation of client funds - which can get you disciplined by the regulator and even struck off (disbarred in American parlance). In short, it's fraud.

And the "best" thing about that: He stepped back from playing the role.
So - another $3,099 for essentially nothing. Not even 2 minutes...

 

[Smoked Salmon]

And the "best" thing about that: He stepped back from playing the role.
So - another $3,099 for essentially nothing. Not even 2 minutes...

Maybe he's doing it in preparation for his "performance" in the witness box.

 

[Jedi_Master]

And the "best" thing about that: He stepped back from playing the role.
So - another $3,099 for essentially nothing. Not even 2 minutes...

Well, it wasn't for "nothing" - how long of a period is covered by those dues? Oh, just a year.
Butttttttttt..... if he wanted to "act" in future productions at "Industry Studios" he would only have to pay a couple of hundred bucks and boom! he's an actor.

 

[muCephi]

Well, it wasn't for "nothing" - how long of a period is covered by those dues? Oh, just a year.
Butttttttttt..... if he wanted to "act" in future productions at "Industry Studios" he would only have to pay a couple of hundred bucks and boom! he's an actor.

Maybe he paid back the union dues too? I mean, since he is making such a big deal about being ethical after the fact about the salary...

 

[Admiral Cain]

Maybe he paid back the union dues too? I mean, since he is making such a big deal about being ethical after the fact about the salary...

Until I see audited bank statements I'm not going to believe one word of his "I paid it all back" B.S.

 

[Reilly]

The more there's talk of Alec funnelling money into the production, the fishier it sounds. Disregarding the ever-changing amount it increasingly sounds like he looks at money brought in by either Axanar donations, studio rentals (if there's been any), Propworx auctions or any of his other interests (let's assume he has them to allow for the amounts he's saying he donated) as just one big pile of money that's getting moved around.

I'm no accountant but saying that profit from the Propworx auctions was donated back to Axanar sounds odd. If you hold an auction, and end up 30k in the black from it, isn't that Propworx money? Can Propworx just dump that into Axanar? If you take Alec at his word there are not inconsiderable sums of money being moved around and I have to assume that's going to have implications.

 

[Noname Given]

The more there's talk of Alec funnelling money into the production, the fishier it sounds. Disregarding the ever-changing amount it increasingly sounds like he looks at money brought in by either Axanar donations, studio rentals (if there's been any), Propworx auctions or any of his other interests (let's assume he has them to allow for the amounts he's saying he donated) as just one big pile of money that's getting moved around.

I'm no accountant but saying that profit from the Propworx auctions was donated back to Axanar sounds odd. If you hold an auction, and end up 30k in the black from it, isn't that Propworx money? Can Propworx just dump that into Axanar? If you take Alec at his word there are not inconsiderable sums of money being moved around and I have to assume that's going to have implications.

And the even more insidious aspect of him claiming: "I donated the profits from the Propworx auction to Axanar.." implies he can claim the 'charitable' donation on his Propworx taxes; and I think also gets a break on Axanar income taxes as the 'donation' is either not considered taxable; or it's taxed at a MUCH lower percentage.

Also, I believe he had stated timer and time again that Pledged Axanar funds were not used for travel expenses, convention or festival fees; and after the audit, THAT'S been shown to have been a bold faced lie (IE they DID use Pledged funds for travel/lodging/Convention fees, etc.)

So yeah, in the end I treat anything coming out of Alec Peters mouth as a lie on some level. He seems incapable of telling the whole truth about anything.

 

[Phoenix219]

He probably saw it as borrowing from the donations, then paying back with his own propworx money, so that the expenses are actually coming out of "his" money, because the donation money was still there / restored. like if i had some of my friend's money, knew i was getting a paycheck later, and needed gas in my car, i might spend $20 on gas, and put it back out of my check later... alec is awesome at justifying at a much higher scale then i am... smh.
i almost just have to laugh at this point.

 

[JD]

I agree that Axanar's actions regarding this situation (including their conduct prior to the suit) are ridiculous. They overstepped both the law and the spirit in which fan films were made until that point (albeit in an escalating Fan Film arms race). CBS has every right to sue them and I don't think there is any merit to their defense. My point is that two wrongs don't make a right in reference to the consistent tone of this thread. Unlike the rest of this forum, this thread in particular is just as close minded and childish as the commentary on pro-axanar blogs that folks here refer to... only with a healthy dose of actual law (except in Red Shirt's case) thrown in. As I said earlier, the weight of law is on CBS' side so there is no reason to stoop down to that level in defending the lawsuit. If you want to want to see how to address statements by and the position of a person without simply attacking the person, check out the Axamonitor blog. Criticising the tone and behavior displayed in this thread doesn't mean that I am defending the target of the vitriol. I'm simply stating that folks here can do better. There was a quote from yesterday's debate that summed it up perfectly that went something like "When they take the low road, we take the high road."

Meh, Peters deserves everything that's been said in this thread.

Then the public doesn't need to donate. No one is forcing them to give away their money. Its a donation, not a purchase. If people get screwed enough, then kickstarter as a fad or a thing will die out. If people continue to gamble, then who cares? Its not anyone's job but the donator, to investigate where they are spending their own money, and doing their own due diligence.

I do agree that people should do their research before and that donating is something people choose to do of their own freewill, but they still deserve some sort of protection after they do.