CBS/Paramount sues to stop Axanar
- Thread starter Richard Baker
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^^^ Thanks
My web host had been having trouble with a number of their servers. The site was down for a while yesterday and then again today. It is up now. Thanks for your patience
If you're intentionally trying to mimic the style of another property, even pointing that's the intent, then there's infringement ahoy. I've been in a similar position and won because of how obvious it was they were trying to mimic me (and emails proved the intent as well, which helped
)My web host had been having trouble with a number of their servers. The site was down for a while yesterday and then again today. It is up now. Thanks for your patience
ASO by any chance? Just pointless curiosity as I've had the exact same issue
That's the one!ASO by any chance? Just pointless curiosity as I've had the exact same issue
Aha! You have excellent taste (and hopefully didn't find out how I did - in the middle of a post
)
Mine too, but I'm impatient and stayed up half the night because I'd missed deadline
Which reminds me - I've likely missed it in the megathread here, and this is likely a repeat question, but have Team Axanar came up with any logical explanation as to why they've abandoned all their deadlines?
I thought they were good to go, from the courts viewpoint. And since Axanar is 100% not in the wrong....
I think at the moment the official reason is it's 100% the lawsuit's fault. Which obviously doesn't explain all the previous delays (which largely just come down to the mismanagement and focus on the studio aspect I imagine).
In their defence it makes sense to shelve the production while the lawsuit is going on. While they technically could continue at the moment it'd probably just give CBS/P more ammunition and remove their discussion point of retooling the film into something more acceptable.
Of course, the other hand is that it's not stopped them stocking model kits etc in the donor station/store which they definitely should also be stopping for the same reason.
Personally I think they're sunk, so there's an argument they should get something made while they still can and make the argument that they're just trying to fulfill their obligations to the donors.
But like many others I suspect that whatever money they had is now gone, and they couldn't produce something even if they wanted to. Or if they do have any money it's being kept to cover the legal fees of the lawsuit/remaining two years of rental on Industry Studios.
In their defence it makes sense to shelve the production while the lawsuit is going on. While they technically could continue at the moment it'd probably just give CBS/P more ammunition and remove their discussion point of retooling the film into something more acceptable.
Of course, the other hand is that it's not stopped them stocking model kits etc in the donor station/store which they definitely should also be stopping for the same reason.
Personally I think they're sunk, so there's an argument they should get something made while they still can and make the argument that they're just trying to fulfill their obligations to the donors.
But like many others I suspect that whatever money they had is now gone, and they couldn't produce something even if they wanted to. Or if they do have any money it's being kept to cover the legal fees of the lawsuit/remaining two years of rental on Industry Studios.
INSIDE DEPOSITION Former Axanar chief technologist Terry McIntosh shines a light on both sides’ issues in Axanar’s copyright infringement lawsuit. Also: Evidence the defense wants to use a supposed leak of confidential information to AxaMonitor to restrict plaintiffs’ use of Axanar’s financial data.
In trademark law there is the concept of "trade dress," which is closely imitating a competitor's style to the point where it may cause customer confusion. For example, in an 11th Circuit case, the makers of the Klondike ice cream bar sued a rival company that tried to market a "Polar B'ar" that had a very similar packaging design. The court agreed the packaging was distinctive enough to warrant "moderate" trade dress protection and held the defendant liable for infringement.
Wow - I guess Terry is pretty clueless as to what constitutes 'paid compensation' as per this comment from Carlos article:INSIDE DEPOSITION Former Axanar chief technologist Terry McIntosh shines a light on both sides’ issues in Axanar’s copyright infringement lawsuit. Also: Evidence the defense wants to use a supposed leak of confidential information to AxaMonitor to restrict plaintiffs’ use of Axanar’s financial data.
^^^
Um, sorry Terry but if they (Axanar/Alec Peters) paid for your airfare and hotel room, that's NOT 'nothing'. Yes, they didn't pay you any salary or fees directly; but airfare and hotel IS something,
But my favorite comments:
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McIntosh is in no position to make such determinations, and I'm not sure Carlos should be including them in his articles. Instead, let's stick to the the questioning, pleadings and orders.
I see AxaMonitor was given honorable mention in the latest Fan Film Factor blog.
Although there will come a point where either CBS/Paramount or Axanar will become vindicated in this lawsuit, I can't help but have empathy for all those left out of the conversation.
For many of us this lawsuit has been an interesting learning experience, over the months I've seen many fan films reevaluate their own productions, some opted to "File the Serial Number" off of their production, others have become even more diligent to adhere to the guidelines provided by the IP holder and a few closed down.
Whoever walks out of court after the final hammer slams down with a smile on their face will make little difference to all those whose enthusiasm has been left laying in the ditch the day this train wreck happened.
Although there will come a point where either CBS/Paramount or Axanar will become vindicated in this lawsuit, I can't help but have empathy for all those left out of the conversation.
For many of us this lawsuit has been an interesting learning experience, over the months I've seen many fan films reevaluate their own productions, some opted to "File the Serial Number" off of their production, others have become even more diligent to adhere to the guidelines provided by the IP holder and a few closed down.
Whoever walks out of court after the final hammer slams down with a smile on their face will make little difference to all those whose enthusiasm has been left laying in the ditch the day this train wreck happened.
Christ that's cringeworthy. Is Lane so intellectually limited that he thinks nobody can spot both his colossal lack of understanding of litigation and his ludicrously biased rhetoric? He behaves like this is a court drama on the TV.
Yet in the next breath you have to give Lane credit for his reporting on current fan film productions of which I've found informative.
His front page is 95% Axanar. TBH I think the other articles are just meant to advance the idea that he is a neutral. If Axanar lose, it will be interesting to see if the blog carries on. That will be the true test of why the blog exists.
I'm gonna go out on a limb here and predict it will be AP and W/S* who are not smiling.
*Whatever the reason W/S took the case, lawyers are a competitive lot. They hate losing.
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