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CBS/Paramount sues to stop Axanar

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More to the point, what is the "Star Wars Prequel Problem"? The three films grossed over $2.5 billion and led Disney to buy LucasFilm for over $4 billion. That's a problem I'd love to have.
Yeah, but George Lucas made them the way he wanted without asking the fanboys' permission first so they're failures. I guess he thought it was okay since Star Wars was his idea in the first place, but if he'd bothered to go on the Internet he'd have learned that Star Wars really belongs to the fans.
 
Reece, give it up! It's over!


(Link that he referenced right here)

Also, TampAxanar put out some real zingers here and here

And a thousand people had the idea for that fish that sings too. I'm sure a number of those people say they had the idea first. But they didn't execute on it and obtain the IP *LEGALLY*.

Why is the *do it legally or GTFO* part always reprehensibly intentionally missing from these pithy analyses posted under his "things that make you go hmm?" picture? Its ugly that he acts like he has absolutely no obligation to choose between PR flacking and personal integrity. He never says "you know, this act was a clear violation of the law, so glorifying its content and execution is a nonstarter, I won't do it". This is really bottom line integrity stuff. It isn't legal. Walk away.
 
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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?

I am not sure that even a ban from making profit or whatever else could be done to restrain him in the name of protecting studio IP could restrain free speech rights to make statements in the form of parody, documentary, etc. Perhaps attorneys could clarify, its interesting.

As to your specific question, the studios can't stop those sorts of parody films in any case, so they probably couldn't stop an Axanar version. :cool:
 
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Sadly lost track of comings-&-goings in this back in Sept due to work...can any kind soul provide a brief CliffNotes of where things are?
 
Sadly lost track of comings-&-goings in this back in Sept due to work...can any kind soul provide a brief CliffNotes of where things are?
Discovery has finished and both parties have moved for summary judgment (plaintiffs moved for partial, which would just be on liability if granted, and not damages). Oral arguments are scheduled for December 19. January 9, 2017 is still the scheduled date for a Pretrial Conference, with January 31 being the currently scheduled day for trial to begin.

However, either party might move for an interlocutory appeal if they don't get their way in motion practice (personally, I doubt either motion will succeed, as there seem to be too many questions of fact for Judge Klausner to ignore).

Lots of interesting details, including questions about where over a million smackers went.

So stay tuned, and pass the pie. :)
 
Impressive that Reece doesn't gag with something that far down his throat.

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However, either party might move for an interlocutory appeal if they don't get their way in motion practice (personally, I doubt either motion will succeed, as there seem to be too many questions of fact for Judge Klausner to ignore).
Just to clarify Madam Justice's @jespah's use of alien legal jargon, an "interlocutory appeal" refers to an appeal of a non-final order. Normally an appeals court--in this case the Ninth Circuit--has no jurisdiction to here a case until there is a "final" decision, i.e. a judgment in favor of either party. 28 U.S.C. § 1292(b), one of the federal statutes governing appellate jurisdiction, makes an exception for certain types of "interlocutory" appeals:
When a district judge, in making in a civil action an order not otherwise appealable under this section, shall be of the opinion that such order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation, he shall so state in writing in such order. The Court of Appeals which would have jurisdiction of an appeal of such action may thereupon, in its discretion, permit an appeal to be taken from such order, if application is made to it within ten days after the entry of the order: Provided, however, That application for an appeal hereunder shall not stay proceedings in the district court unless the district judge or the Court of Appeals or a judge thereof shall so order.
So if Judge Klausner, say, denies the defense motion for summary judgment, they could ask him for permission to certify a "controlling question of law"--i.e., whether Axanar is entitled to summary judgment based on its fair use claims--for immediate appeal to the Ninth Circuit. CBS and Paramount could do the same with respect to their summary judgment motion. Indeed, there could be cross-appeals on both motions, as was the case in Lenz v. Universal Music Corp. (which is now before the Supreme Court).

If Judge Klausner were to certify an interlocutory appeal he would also likely stay further proceedings--delay the trial--until the Ninth Circuit rules. I suspect this would give the defense more of an incentive to appeal than the plaintiffs. The defense could buy a year or more on an interlocutory appeal, which would keep LFIM in the spotlight and afford him a chance to seek more public support, particularly from anti-copyright groups.
 
Just to clarify Madam Justice's @jespah's use of alien legal jargon, an "interlocutory appeal" refers to an appeal of a non-final order.

If Judge Klausner were to certify an interlocutory appeal he would also likely stay further proceedings--delay the trial--until the Ninth Circuit rules. I suspect this would give the defense more of an incentive to appeal than the plaintiffs. The defense could buy a year or more on an interlocutory appeal, which would keep LFIM in the spotlight and afford him a chance to seek more public support, particularly from anti-copyright groups.

"Interlocutory Appeal"

for when you really, really want things to come to a standstill.

86aab8f8914c5e6b1e627890c1b66fcc.jpg
 
The defense could buy a year or more on an interlocutory appeal, which would keep LFIM in the spotlight and afford him a chance to seek more public support, particularly from anti-copyright groups.

Wouldn't the fact that Axanar's right to use the IP has been challenged in court foreclose Axanar from crowdsourced fundraising?

And the fact that all the money is spent would surely motivate a class action to move ahead if the other case is stalled. Especially if the studios did a solid and published budget details as part of any appeal filing, so the info becomes public record.

Then there's the IRS. And the FTC. And Cal state. And the rent. And W&S fees. And

ecd5088f858778a4a912780a7173e4e4.jpg


Anti-copyright groups better have deep pockets for a bailout, otherwise it could be a tough year.
 
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Sadly lost track of comings-&-goings in this back in Sept due to work...can any kind soul provide a brief CliffNotes of where things are?
--All the principals have testified under oath.
--All the witnesses have testified under oath.
--All the evidence available has been entered under oath.
--Plaintiffs and defendants attorneys have summed up their sides in written documents to the judge about why they're right and the other side is wrong.

I laughingly agree with Mr. Lane that we're in the part with the attorneys rebutting each others summaries:
“Did!”
“Did not!”
“Did too!”

jespah, oswriter, axamonitor, fff explain it in more detail.

Oh yeah, and there's this:
questions about where over a million smackers went.
The legally entered into evidence numbers show the production is broke:
Money IN: $1,428,902.43
Money OUT: $1,433,003.67

Where did the money go? Which seems to be itemized in some of the legal papers but the defense, attorney & defendant, are insisting this information needs to be kept secret from the public. Ms. Ranahan says it's because it would embarrass the defendant.
 
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Sadly lost track of comings-&-goings in this back in Sept due to work...can any kind soul provide a brief CliffNotes of where things are?

Axanar management says they are impaneling a board of "experts" to release a commentary on the spending which will "prove it was all done responsibly and Alec did not take a cent".

In the meantime, Axanar fights to absolutely prevent any details of spending from becoming public.

In the mean-meantime, one of the exhibits showed Axanar in grand total has spent everything plus a little more. Another details a long list of expenses taken by Alec and granted to associates. Including, if I read commentary from FB correctly, a trip overseas to play Warhammer on donor money.

And then there was the cupcakes.
 
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Right. I'd forgotten about the cupcakes.
Sadly lost track of comings-&-goings in this back in Sept due to work...can any kind soul provide a brief CliffNotes of where things are?
-And nobody gets a refund anymore.
-But had you heard before that about the refunds with the condition of signing an non-disclosure agreement?
-Oh yeah, and fff "is the only legitimate news source on the Axanar lawsuit online. the author, consults with lawyers on every article and he is the only blogger that is both unbiased and knowledgeable about the law" (<-quote) Now the author of fff, in legal declaration, says he writes for the production & also says he is 'not' unbiased. So there's that.
-oh yeah, and axamonitor has been declared a cyber-stalker
-and that salary? It was all just a big misunderstanding and has all been paid back. something like that.
-now were you around for the production donor list being used to spam mail advertise the defendant's other business?
-Oh. And there's the tens of thousands of dollars spent on meals. You knew about that, right? I think that was just a big misunderstanding too. maybe it was "lies" (<-quote), I forget. Apparently CBS/P attorneys are doing lots of lying under oath to the Court right now about the production and defendant so that might have been one of their lies.
-You heard about Elon Musk and the 100M offer to the defendant, right? the defendant turned it down of course. "it was a crap deal." (<-quote)
-did you see the YouTube vid where the defendant explains how much and why Prelude went from $20k to $125K. They were going to "make it for $20k but the crowdfund raised $101k so they made it for $125k". (<-quote)
-And the meeting with Netflix to produce a ST production? You knew about that, right?
 
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