Well, that's what happens when you make a film using intellectual property that belongs to someone else and you have absolutely no legal right to access.
Spoken like someone who actually knows a little something about intellectual property law. I get a little annoyed at all the Junior Denny Cranes spouting off like they know anything about copyright law when they have no legal background whatsoever so Kudos to you, sir.
Indeed they were and I agree with everything you said except for seizing the film. I find highy unlikely that they would be available to do that.
I can see why the producers are nervous about offering DVD downloads. If it starts showing up en masse for sale on Ebay by bootleggers, Paramount is going to be a lot more likely to step in and lower the boom on the fanfilm community.
Yeah, but define en masse. It really has to be a ton of copies (like tens of thousands) out there for any eyebrows to raise at Viacom/CBS/Paramount and I don't even think that they made enough copies to make a dent and really, most Trek fans in general aren't the type to bootleg and distribute en masse.
Another thing too:
I got the email too and I went to the "store" to see what they had to offer and they're offering is an 18 year old promo posters from AMT/Ertl that were given out for free at the convention and they are selling them for $60. So let me get this straight, I spend $60 on a crappy poster that was free, and you send me an unlicensed DVD as a "free gift?"
Do these people honestly think that this is an actual "loophole" that will stand up? I don't know who they're geting their legal advice from (or if they are getting legal advice from anyone) but they need to get legitimate counsel because this approach is incredibly ill advised.
It doesn't matter how you distribute it, if you don't have a license from the copyright holder to distribute their intellectual property, you can't do it.
-Shawn