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CBS/Paramount sues to stop Axanar

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There's a thread in this BBS where a guy wants to do a some kind of "mental exercise" where a fan committee decides what is canon and what isn't, including fan fiction. I don't know why some people feel entitled to this kind of thing, but it's out there.
I saw that tripe the other day.....just backed away and shock my head.
 
There's a thread in this BBS where a guy wants to do a some kind of "mental exercise" where a fan committee decides what is canon and what isn't, including fan fiction. I don't know why some people feel entitled to this kind of thing, but it's out there.

That seems like an awfully big hobby project, especially considering all the debate they would have to go through. Maybe they should get JDs or something with that much time and energy available.

Or, read this thread from the start, and multiply it by a thousand.
 
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Either way it has hurt him. Legally he is not going to be sued by C/P, but career-wise I'm sure this may cost him some opportunities done the road.
Considering that about half of his IMDB credits are Star Trek DVD special features, I think he's not done himself any favors clinging to Axanar.
 
So many people don't understand fair use. I'm restraining myself from screaming at people in the Facebook NaNoWriMo group who claim fanfiction is always fair use. No, it's not, and not getting a profit off it only makes it (maybe) an instance where there are no or few damages. But that doesn't magically, mystically turn it into fair use.
In defense of the ignorant masses, "fair use" is one of the most poorly defined doctrines in U.S. law. It's not even a rule, just a series of tests applied by a court, and depending on the judge or jury, you might get wildly different interpretations. It would certainly help if the Copyright Office (or better yet, Congress) would actually come up with a more objective definition of fair use, especially as it relates to non-commercial, fan-produced derivative works.
 
So, seeing a recent excerpt someone posted from the Axanar walled garden over on FB CBS Axanar group, it looks like Axanar is backing into cloaking itself in a screen of "we only do this out of love of Trek".

Getting into fig leaf famous last words territory.
 
There's a thread in this BBS where a guy wants to do a some kind of "mental exercise" where a fan committee decides what is canon and what isn't, including fan fiction. I don't know why some people feel entitled to this kind of thing, but it's out there.

I initially thought it was an intriguing idea for discussion purposes, but things quickly went sideways, which is why I got the hell outta that thread.
 
As far as fan fiction being "fair use," our Orion Press' lawyer once described the publication of our Star Trek fanzines as being akin to car driving the wrong way down a one way street with its flashers on. You hope you don't get into an accident, and you hope a police officer doesn't see or care about you doing it.
 
Either way it has hurt him. Legally he is not going to be sued by C/P, but career-wise I'm sure this may cost him some opportunities done the road.

Was sitting down to watch "The Death of SUPERMAN LIVES" this evening, and who I see? Robert Meyer Burnett. I stopped watching it. Not sure that anything he might say would be credible. Decided to watch ANGRY RED PLANET instead. :)
 
Was sitting down to watch "The Death of SUPERMAN LIVES" this evening, and who I see? Robert Meyer Burnett. I stopped watching it. Not sure that anything he might say would be credible. Decided to watch ANGRY RED PLANET instead. :)
Yep. At this point, I no longer watch or purchase anything with RMB in it. I have no desire to line the pockets of such a dishonest man.
 
Was sitting down to watch "The Death of SUPERMAN LIVES" this evening, and who I see? Robert Meyer Burnett. I stopped watching it. Not sure that anything he might say would be credible. Decided to watch ANGRY RED PLANET instead. :)
I know exactly what you mean. He and ap have reached into something that I love dearly and are trying to rip it apart. ap fooled me, he has lied to me and that hurts. Whatever anyone else thinks about these companies that have brought a half century of Star Trek to me, to us, to ap & rmb, I appreciate them. With all their flaws, I appreciate them because they have given me something that has touched me deeply. Across five decades, six series, 30 seasons & 13 movies they've given me movies and series and characters and stories that have Meant something to me. Sure, they are a business. They're in the business of making Shows. And I not only respect them for what they accomplish - I know how difficult it is to get these movies and series to work not only for their business purposes but to keep bringing them to me. I know how many people have earned their livings from working on these movies and shows.

I feel hurt, I feel anger. He has lied to me, he has lied to people just like me. And he just keeps lying to me, us, and this hurts.

What Did You Spend Our $1,428,902.43 On?

He could have made that damned war movie that I contributed to if he'd had a modicum of self-restraint in that constant talking he seems incapable of controlling. And everything is everyone's fault but his. And what he has done to the fan film community has damaged them. For years he would send CBS tattle-tale emails on fan productions. These emails are in legal evidence now. This behavior is so disturbing it hurts.

If he had just Made the damn thing, then let it speak for itself, in all likely-hood he would have also gotten that damned studio and his ticket payed for by us so he could be the whatever thing he wants to be out there. I, lots of us, would have blessed him on his way while we gave him our continued support and money if he had just done that. But he couldn't stop throwing his use of something he didn't own into their faces. In mainstream news, in new media news, in blogs, in podcasts, on his website. He just wouldn't stop pushing pushing pushing pushing them.

Then when, after all these decades of letting so many of us Play Star Trek with our various levels of fan productions that I just love, and giving us Six series, 30 seasons, and 13 movies over these decades, he talked and talked and talked, blatantly saying again and again in alllllllllllll those podcasts and vlogs that what he wants, what he and rmb want, is to make themselves a future in making more independent Star Trek as well as other profitable productions... he then had the unmitigated gall to tell them it is their fault!

What Did You Spend Our $1,428,902.43 On?

Even now. He wants what he wants and will take the companies and fan films and us down with him if that is what it takes to get what he wants, and this hurts me. For me to think that someone like this would come along who would not only take my money, my friends' money, deceive us about even unnecessary things that I, lots of us, would probably have given him anyway had he just been up front clear with us, but turned around and directly & indirectly attacked any of we donors who looked at what was going on and finally started wanting explanations that didn't keep turning out to be sidesteps with holes, gaps, misdirects, retcon, and attacked the companies that have brought nearly 750 hours of Star Trek to 'him' in 13 Movies, Six, soon to be Seven Star Trek Series, 30 Seasons of Trek... over the past five decades. And say to me, to us, they do what they do because they love Star Trek. That is so disturbing it hurts.

I will never be able to watch that movie rmb made again. I won't be able to watch him again in the DVD extras. After the part he has played in this whole thing I don't see how I can ever again appreciate anything he does, or trust anything he says.
 
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I know exactly what you mean. He and ap have reached into something that I love dearly and are trying to rip it apart. ap fooled me, he has lied to me. It hurts. Whatever anyone else thinks about these companies that have brought a half century of Star Trek to me, to us, I appreciate them. With all their flaws, I appreciate them because they have given me something that has touched me deeply. For 50 years they've given me movies and series and characters and stories that have Meant something to me. Sure, they are a business. They're in the business of making Shows. And I not only respect them for what they accomplish I know how difficult it is to get these movies and series to work not only for their business purposes but to keep bringing them to me. I know how many people earn their living from working on these movies and shows.

I feel hurt, I feel anger. He has lied to me, he has lied to people just like me. And he just keeps lying to me, us.

What Did You Spend Our $1,428,902.43 On?

He could have made that damned war movie that I contributed to if he'd had a modicum of self-restraint in that constant talking he seems incapable of controlling. And everything is everyone's fault but his. And what he has done to the fan film community has damaged them. For years he would send CBS tattle-tale emails on fan productions. CBS still has them. They are in legal evidence now. This is disturbing and I feel hurt.

If he had just Made the damn thing, then let it speak for itself, in all likely-hood he would have also gotten that damned studio and his ticket payed by us into becoming the whatever thing he wants to be out there in Hollywood. I, lots of us, would have blessed him on his way. But he couldn't stop throwing his use of something he didn't own into their faces. In mainstream news, in new media news, in blogs, on his website. He just wouldn't stop pushing pushing pushing them.

Then when, after all these decades of letting so many of us Play Star Trek with our various levels of fan productions that I just love, and giving us five, now Six series and 13 movies, he talked and talked and talked, blatantly saying again and again in alllllllllllll his podcasts and vlogs that what he wants, what he and rmb want, is to make a future of making independent Star Trek 'themselves'... he then had the unmitigated gall to tell them it is their fault!

What Did You Spend Our $1,428,902.43 On?


Even now. He wants what he wants and he will take the companies and fan films and us down with him if that is what it takes to get what he wants. This hurts me. For me to think that someone like this would come along who would not only fool me and take my money, my friends' money, but attack the companies that have brought nearly 800 hours of Star Trek to me, to him, to us, 13 Movies, Five, soon to be Six Star Trek Series in 50 years. And say to me, to us, they do what they do because they love Star Trek. That is so disturbing.

I will never be able to watch that movie rmb made again. I won't be able to watch him in the DVD extras. After the part he has played in this whole thing I don't see how I can ever again appreciate anything he does, or even trust anything he says.
What is sad is that AP appears to be just as content with the infamy of destroying fan films, bashing & crushing fans hopes and bashing CBS/Paramount as he would have been to create "the best independent Star Trek film" ever. Certainly it should be obvious to anyone watching this debacle that he doesn't really give a crap about anything except his own personal profit and fame regardless of the consequences. Knowing what other fan productions have done with only small fractions of that 1.433 million; It is appalling to know that he blew that much money with what he has to show for it.
 
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Okay, everyone, we have our motions to exclude evidence. About two dozen items were filed and entered on the docket yesterday. Here's a printout of the docket sheet for anyone playing the home game. I've not looked at the motions yet, but here are some highlights just from glancing the docket entries:
  • C/P wants to exclude "altered financial statement and its contents, or any of the post-litigation transactions reflected therein";
  • C/P wants to exclude "scripts created after the litigation was filed and testimony discussing them";
  • C/P wants to exclude all testimony and public statements made by J.J. Abrams and Justin Lin;
  • C/P wants to exclude Jonathan Lane's testimony;
  • C/P wants to exclude "testimony and documents regarding Star Trek fan films," i.e. the fan film guidelines;
  • Axanar wants to "preclude plaintifs from introducing evidence regarding allegedly infringed works not identified in the First Amended Complaint," which I assume refers to the FASA RPG;
  • Axanar wants to exclude--and this is exactly how this motion is captioned--"evidence concerning personal drama, smear campaign, and other irrelevant communications," which includes the testimony of Christian Gossett and Terry McIntosh;
  • Axanar wants to "preclude plaintiffs from referring to irrelevant superseded scripts";
  • Axanar wants to preclude any "mention of certain defendants' financial information and inaccurate reference to 'profits' defendants allegedly earned";
  • Axanar wants to exclude any evidence "regarding defendants' use of the name 'Star Trek'";
  • C/P wants to exclude the testimony of Axanar's CPA, Christian Tregillis;
  • Axanar wants to preclude the plaintiffs "from referencing the quality of defendants' works"; and
  • C/P wants to exclude the testimony of Henry Jenkins.
 
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