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CBS/Paramount sues to stop Axanar

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I have a suspicion... that the reason there was no settlement... when it is in everyone's interest to do so... is that Alec really wants to do a film about Axanar's creation and problems with CBS... and CBS wants a non-disclosure.

I can understand why CBS would insist on nondisclosure - standard for corporate settlements - and given past history, would you trust Alec to paint the picture fairly?

And i suspect Alec really wants his documentary ... to create some publicity out of this mess (think Michael Moore.) What else does he have? No money-no fan film-studio failing.

And there's no easy resolution to those two concerns. Hence suit continues.

And also - while its entertaining to watch the defense insist that Trek is not copywriteable (or whatever) i suspect most of what they are trying is to make it more and more expensive for C/P to keep going so that they bend.

Good luck with that, Axanar.
 
Search4 said:
I have a suspicion... that the reason there was no settlement... when it is in everyone's interest to do so... is that Alec really wants to do a film about Axanar's creation and problems with CBS... and CBS wants a non-disclosure.

I can understand why CBS would insist on nondisclosure - standard for corporate settlements - and given past history, would you trust Alec to paint the picture fairly?

And i suspect Alec really wants his documentary ... to create some publicity out of this mess (think Michael Moore.) What else does he have? No money-no fan film-studio failing.

And there's no easy resolution to those two concerns. Hence suit continues.

And also - while its entertaining to watch the defense insist that Trek is not copywriteable (or whatever) i suspect most of what they are trying is to make it more and more expensive for C/P to keep going so that they bend.

Good luck with that, Axanar.
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I think they've already started their next project, "The Battle Of/For Axanar" by filming some interviews with people during the Summer. And by "people" I mean friends who were more than happy to decry CBS/Paramount in front of a camera in return for a free lunch.

That will be the next thing they crowdfund for if they're legally permitted and, having read several comments from supporters, I think they'll probably get the money they need.
 
OtherGene said:
I think they've already started their next project, "The Battle Of/For Axanar" by filming some interviews with people during the Summer. And by "people" I mean friends who were more than happy to decry CBS/Paramount in front of a camera in return for a free lunch.

That will be the next thing they crowdfund for if they're legally permitted and, having read several comments from supporters, I think they'll probably get the money they need.
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The analysis of settlement deadlock over this seems likely, if not the only point which may be in contention.

Settlements generally impose confidentiality precisely because the parties don't want all the revealed information to come back at them later.

It may not be legal for the studios to block a documentary, even if they get a ban over Axa-Trek otherwise. But they can impose such an onerous penalty and rip such a big one in Axanar's credibility in court that any documentary will seem like pointing to ashes blowing in the wind.

Its just amazing how deep a hole Axanar wants to dig for themselves in the name of ego, and how much pissedOffium explosives they want delivered onto them to help dig it. All indications are this project is not an innocent fan film, it is a professional, fully intentional attempt to build a commercial studio and collect numerous personal fringes off of very live IP owned by others, and then rinse and repeat indefinitely. There is no wiggle room with the law once this becomes clear in court.

Overall, my guess would be the studios are fine with this going to trial if necessary. The precedent of 'independent crowdfunded fan films' getting a free right to do what they please with entertainment IP needs to be contained. What better sort of case will come along to set a precedent than a law-defying, million-dollar-disappearing, hide-the-evidence producer who can't stand to shut up and let his attorneys make the case? Besides which, the rockslide is on its way down the hill, so you bet they are gonna aim it precisely.
 
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Search4 said:
I have a suspicion... that the reason there was no settlement... when it is in everyone's interest to do so... is that Alec really wants to do a film about Axanar's creation and problems with CBS... and CBS wants a non-disclosure.
...................
And i suspect Alec really wants his documentary ..
...................
And also - while its entertaining to watch the defense insist that Trek is not copywriteable (or whatever) i suspect most of what they are trying is to make it more and more expensive for C/P to keep going so that they bend.
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Interesting
 
carlosp said:
I know that CBS was interested in keeping Alec Peters from doing anything Star Trek-related again that could earn him money, very definitely including a documentary on the case. It was a sticking point in settling.
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This reminds me again of the FTC's battles with Kevin Trudeau. After the FTC ordered Trudeau to stop misleading consumers in his product infomercials, he attempted to circumvent that by advertising books instead. Of course, the infomercials misrepresented the content of the books, which led to another round of FTC proceedings and ultimately contempt of court charges...

And just to be clear, LFIM is not in the same league as Trudeau. The latter peddled false cancer cures and dangerous diet plans. He was essentially trying to kill people. I only raise the comparison to point out how you have to be careful when dealing with individuals who will try and exploit any loophole, real or imaginary, that they can find.
 
carlosp said:
I know that CBS was interested in keeping Alec Peters from doing anything Star Trek-related again that could earn him money, very definitely including a documentary on the case. It was a sticking point in settling.
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I believe CBS knows that to settle is "penny wise / pound foolish" because unless they squish Alec Peters / the Axanar project like a bug, more cockroaches will try the same thing in the future, and they'll have to fight this battle all over again. If they go to court and kill the Axanar project dead & buried, it kills any hope the next guy might have he could pull it off, too. CBS should not, can not, and I believe will not accept any settlement short of "Alec Peters gives us everything he owns, promises to never do anything Trek-related ever again, and publicly and loudly admits his guilt for all that he did and attempted to do." From CBS's point of view, Alec Peters must not be allowed to walk away from this without egg on his face.
 
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Search4 said:
I have a suspicion... that the reason there was no settlement... when it is in everyone's interest to do so... is that Alec really wants to do a film about Axanar's creation and problems with CBS... and CBS wants a non-disclosure.

I can understand why CBS would insist on nondisclosure - standard for corporate settlements - and given past history, would you trust Alec to paint the picture fairly?

And i suspect Alec really wants his documentary ... to create some publicity out of this mess (think Michael Moore.) What else does he have? No money-no fan film-studio failing.

And there's no easy resolution to those two concerns. Hence suit continues.

And also - while its entertaining to watch the defense insist that Trek is not copywriteable (or whatever) i suspect most of what they are trying is to make it more and more expensive for C/P to keep going so that they bend.

Good luck with that, Axanar.
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I think it has more to do with the fact they DIDN'T want Alec Peters to see any material gain from his unlicensed use of the Star Trek IP (Read the nearly converted Warehouse Studio - which Peters could still rent out if he completes the refurbishment which it seems he has definitely been doing.)

I'm sure Mr. Peters really wants to make use of (and money from) the Warehouse studio...But C/P probably demanded he not make use of it for any for profit projects (Read: No, he can't rent it out - or if he does he has to repay the 1.4 million raised via crowdfunding to C/P first); etc. I don't think 'confidentiality' as to not being able to disclose any settlement terms publically would be a sticking point for Alec Peters - but not being able to continue with the business venture that became his focus after the Pledge money really started coming in is.

Oh course I seriously doubt he would have been able to honor any such Confidentiality provision of a settlement for long - and that would open up a whole different can of worms had they settled and Alec Peters let something slip.

But at this time any such point is moot as it appears neither side is willing to propose a settlement the other side would accept; and most likely we'll see a Trial start in Jan or Feb 2017.
 
oswriter said:
I only raise the comparison to point out how you have to be careful when dealing with individuals who will try and exploit any loophole, real or imaginary, that they can find.
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Everyone exploits loopholes occasionally, and the daring imagine loopholes that aren't believed to exist. Question is, can you trust the exploiter to behave decently toward the common good in choosing whether to push through, and if they do, after?
 
publiusr said:
Instead of a search for new Mythbusters--maybe CBS could have rival groups compete for fan productions...
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When they review independent production company offerings for picking up as a series each season, I think they are kinda doing that. Except for the "fan" (copy someone else's IP) part. I just am not seeing how it is to the advantage of an IP creator or its network licensor to have their created worlds mined to audience exhaustion more quickly than the original owner/creator would do it. I think this would become a competition among the creatives and actors in the industry to try to displace each other within a series contract. Is this following your thoughts?

Or perhaps the studio says 'we will have an "American Idol" style competition for best fan production for X property', and then ... ? Give the winning fan group a contract for a spin-off series? Let them make a longer fan film? This direction I could see the fans getting crowded out by those aggressively seeking employment in the industry. And it could draw criticism upon the studio-produced content, as well as burning through their audience appetite for the world faster.

Sorry for just finding difficulties but I am not yet seeing how the studios would find such approaches to their advantage, or how casual fans could possibly hold their own against 'semipro' teams out to win. Maybe I am just off on a tangent somewhere.
 
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OtherGene said:
I think they've already started their next project, "The Battle Of/For Axanar" by filming some interviews with people during the Summer. And by "people" I mean friends who were more than happy to decry CBS/Paramount in front of a camera in return for a free lunch.

That will be the next thing they crowdfund for if they're legally permitted and, having read several comments from supporters, I think they'll probably get the money they need.
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But isn't Alec likely to be banned from all things Star Trek if Axanar loses? Surely that would include a masturbatory documentary?
 
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