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Axanar draws lawsuit from Paramount and CBS

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    equinox976equinox976 Member Posts: 2,277 Arc User

    Will Alec Peters ever be able to show his face at a convention again without being publicly lynched?

    He is a 'TRIBBLE' but I doubt anyone will shoot him (Trek fans are not exactly terrorists :D)

    But no, he will not be able to show his face again without being routinely mocked.

    In this day of 'meta media', his 'internet profile' is pretty much trashed. I don't know how well off he will remain with his ill gotten gains, but it wont last him for a lifetime.
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    marcusdkanemarcusdkane Member Posts: 7,439 Arc User
    edited March 2016
    equinox976 wrote: »

    Will Alec Peters ever be able to show his face at a convention again without being publicly lynched?

    He is a 'TRIBBLE' but I doubt anyone will shoot him (Trek fans are not exactly terrorists :D)

    But no, he will not be able to show his face again without being routinely mocked.

    In this day of 'meta media', his 'internet profile' is pretty much trashed. I don't know how well off he will remain with his ill gotten gains, but it wont last him for a lifetime.
    The dude who shot Claudia Christian was dessed as a tribble... O_O

    But yeah, I'd say his name is well and trully mud(d) now...
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    marcusdkanemarcusdkane Member Posts: 7,439 Arc User
    valoreah wrote: »
    Will Alec Peters ever be able to show his face at a convention again without being publicly lynched?...

    Maybe they can use him for an episode of "The Internet Ruined My Life". lol
    Hee hee, that would be worth watching :D

    Equally, I'd love if the backers took him to Judge Judy... She'd rip him a new one :D

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    marcusdkanemarcusdkane Member Posts: 7,439 Arc User
    valoreah wrote: »
    Equally, I'd love if the backers took him to Judge Judy... She'd rip him a new one :D

    She certainly ripped the guy who tried selling her a television set a new one... not to mention that alcoholic woman with all those speeding violations.
    I love it when she starts tearing into the chumps :D
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    khan5000khan5000 Member Posts: 3,007 Arc User
    Your pain runs deep.
    Let us explore it... together. Each man hides a secret pain. It must be exposed and reckoned with. It must be dragged from the darkness and forced into the light. Share your pain. Share your pain with me... and gain strength from the sharing.
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    angrytargangrytarg Member Posts: 11,001 Arc User
    I lack the legal knowledge, let alone in the united states weird system, but those claims brought up by the defense are ridiculous in my opinion and should be dismissed just using common sense. For example, it's irrelevant that "Vulcan" is a mythological figure, they clearly use the Vulcans of Star Trek. I can make something and call people in it "Elves" as that is a public domain term, but I am not allowed to use specifically Tolkiens elves, their names and or their appearance from the Jackson movies.​​
    lFC4bt2.gif
    ^ Memory Alpha.org is not canon. It's a open wiki with arbitrary rules. Only what can be cited from an episode is. ^
    "No. Men do not roar. Women roar. Then they hurl heavy objects... and claw at you." -Worf, son of Mogh
    "A filthy, mangy beast, but in its bony breast beat the heart of a warrior" - "faithful" (...) "but ever-ready to follow the call of the wild." - Martok, about a Targ
    "That pig smelled horrid. A sweet-sour, extremely pungent odor. I showered and showered, and it took me a week to get rid of it!" - Robert Justman, appreciating Emmy-Lou
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    mhall85mhall85 Member Posts: 2,852 Arc User1
    I'm no law expert, to be sure, but two things come to mind...

    1. This is one of the only plays Team Axanar has, if they want to win this case outright. If the court strikes down the admission of Vulcan ears and the Klingon language, it could weaken the CBS/Paramount case.

    2. This is a red herring. From what I understand about this case... this is not a lawsuit about copyright infringement of the Klingon language or the pointy ears of a Vulcan. This lawsuit is about copyright infringement against Star Trek, and Vulcan ears or use of the Klingon language are examples of how Axanar is guilty of infringement.

    I think I see what Team Axanar is trying to do, but I don't think it will work. They aren't using pointed ears or a fictitious alien language to make a Star Wars fan film, or a Babylon 5 fan film. They are using these specific things (along with uniforms, insignias, and the FREAKING ENTERPRISE) to make a Star Trek fan film, and use of all of these things adds credibility to that. They also do not have permission to do that.

    All CBS/Paramount has to do, if this gets to a jury trial, is prove that Axanar is attempting to make an unauthorized "copy" of Star Trek. If a jury (likely comprised of non-fans who don't know the differences) can't distinguish between "real" Trek and Axanar... they're toast. It's really that simple.
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    meimeitoomeimeitoo Member Posts: 12,594 Arc User
    In all honesty, I wouldn't mind seeing more of Axanar:

    https://www.youtube.com/watch?v=1W1_8IV8uhA
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    equinox976equinox976 Member Posts: 2,277 Arc User
    meimeitoo wrote: »
    In all honesty, I wouldn't mind seeing more of Axanar:

    https://www.youtube.com/watch?v=1W1_8IV8uhA

    I would have liked to have seen the production completed as well, as it looked interesting. It's unfortunate they got greedy and decided to take the pee - now it it will likely never be made and cast a cloud on future fan made productions.
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    voyagerfan9751voyagerfan9751 Member Posts: 1,120 Arc User
    valoreah wrote: »
    equinox976 wrote: »
    I would have liked to have seen the production completed as well, as it looked interesting. It's unfortunate they got greedy and decided to take the pee - now it it will likely never be made and cast a cloud on future fan made productions.

    I'm not sure it's going to cast any clouds on future productions. So long as future projects "follow the rules", they should be fine.

    Granted, I am far (like really far) from up to date on the case, but it sounds like this is CBS/Paramounts beef. I think they would be ok with Axanar if the funds all went to making the movie.

    But it sounds like that is not at all what happened. You had the group making it, continually ask for money, and funneling most of that money into making a production studio. Basically, you are using the Star Trek name to make yourselves rich. From what I do understand, they have enough crowd funds to make a mildly successful movie, by hollywood standards. And the group itself admits there is still no actual movie yet. So yeah, CBS/Paramount have decided to take legal action.

    To be honest, If I have my facts right, I am with CBS/Paramount on this. You want to make a fan movie? Fine. You want to get it crowdfunded? why not. Movies (especially good ones) aren't cheap. But you want to say you are making a movie to build up your own studio/portfolio? Sorry, but no.
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    ryan218ryan218 Member Posts: 36,106 Arc User
    From what I understand, the problem isn't that Axanar is high-profile or that it was crowd funded on such a massive level. If I recall correctly, Renegades was crowd funded and that essentially recieved CBS' blessing. The difference is that the money going to Renegades went directly into production costs, whereas Axanar used the funds to set up a for-profit production studio. In effect, Axanar could be seen as a non-profit 'demo-reel' for Ares Studios, which is where things cross the line.

    Legally, CBS/Paramount are within their rights to put a stop to any production using the Star Trek IP without authorisation, but they've set a standard, like many studios, that so long as the production isn't being used to make profit, they'll let it go - a sort of 'blanket permission' if you will. But Ares Studios is a for-profit organisation. Even if they aren't making a direct profit from Axanar, its very existence means they can earn money from it indirectly as it spreads their public awareness.

    I hate to side against Axanar, since I was really excited to see what they produced, but CBS and Paramount are in the right here. There has to be a line between innocent fan film and full-on copyright-infringing production and unfortunately Axanar has reached it.
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    mhall85mhall85 Member Posts: 2,852 Arc User1
    I don't think there is any fan that wouldn't want to see more of Axanar. I did, and I almost donated.

    But, they crossed the line, and they're being d-bags about it, too. It's not just about greed of money, I think... I actually think that Alec Peters was/is trying to con his way into being the next Trek showrunner. He wants to be Rick Berman, and dictate canon. It was a borderline hostile takeover attempt, really. (CBS didn't, and wouldn't, fall for it... and with Fuller & Kurtzman & Co. on board, they can take care of Peters properly.)

    The Axanar movie should have been a longer rockumentary, like Prelude was... probably would have been cheaper, and would have been already made by now.
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    equinox976equinox976 Member Posts: 2,277 Arc User
    edited April 2016
    mhall85 wrote: »
    I don't think there is any fan that wouldn't want to see more of Axanar. I did, and I almost donated.

    I did want to see it (very much) but I do not now. I would not support the actions of such a douche bag. He/they actually took the hard earned money of his donators then paid himself a wage, in addition to setting up a studio in order to make other (non-trek) productions.

    No apology has been made to the donators who had no idea that this would be the case. As far as I am concerned the crowd funder who facilitated this whole thing should claw back the money and sue them for misrepresentation.

    At the same time they are painting themselves as a martyr and a champion 'of the people'. Totally ignoring the fact that 99.9% of the Trek community now despises them.
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    mhall85mhall85 Member Posts: 2,852 Arc User1
    equinox976 wrote: »
    mhall85 wrote: »
    I don't think there is any fan that wouldn't want to see more of Axanar. I did, and I almost donated.

    I did want to see it (very much) but I do not now. I would not support the actions of such a douche bag. He/they actually took the hard earned money of his donators then paid himself a wage, in addition to setting up a studio in order to make other (non-trek) productions.

    No apology has been made to the donators who had no idea that this would be the case. As far as I am concerned the crowd funder who facilitated this whole thing should claw back the money and sue them for misrepresentation.

    At the same time they are painting themselves as a martyr and a champion 'of the people'. Totally ignoring the fact that 99.9% of the Trek community now despises them.

    Yep. This is why I think of them as more of an attempted "hostile takeover" of Trek. They were, and in some way still are, attempting a coo.

    It won't work, of course, LOL...
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    jam3s1701jam3s1701 Member Posts: 1,825 Arc User
    edited April 2016
    Get ready for a looong post lol

    OK so there are some facts that not many unless you’ve been following Axanar’ lawsuit closely

    10 facts that not many people know

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    Pro Bono and Axanar fees payable

    http://axamonitor.com/doku.php?id=winston_strawn&s[]=pro&s[]=bono

    I feel so sorry for the Donors - Their money is not going on the film they donated to while Axanar keep fighting this the donations they gave may or may not be used to pay fees etc..

    As : .....

    Pro-bono does NOT! Mean completely free at no cost to the party who they are representing.

    This means the billable hours for the law firm have been waved but the other expenses such as court Filing costs, courts fees, third-party service fees, courier fees, travel expenses stuff like that. All they got is a free lawyer, everything else that costs have to come out of their pocket.

    So what does that mean well tbh i am not totally sure as Alec himself may! Be paying for this out of his own pocket or this money may be coming from the nice amount of money that has been raised by donors.

    SO the claim by Alec Peters of “no donor money will be used for legal costs” may or may not be true only Axanar knows this.
    Either way this is not a good thing as unlike CBS/Paramount who have millions in a legal budget (at a guess it may be more or less but you can be certain they will not run out of money before Axanar do)Axanar do not have this thus meaning at some point the money that they are using will run out and mean the legal fight will become untenable to them which will leave them with only 3 options but to stop the fight, Hope W&S wave all costs or hope they can get free legal aid.

    Time line of the case

    http://axamonitor.com/doku.php?id=timeline

    Studio Sale

    http://axamonitor.com/doku.php?id=investor_group&s[]=sale

    A small group of backers and fans have developed a plan to set up a separate company to take over the management the sound stage, pay the rent and reimburse Axanar Productions for the cost of the build-out. That company will assume the $250,000 liability for the remainder of the lease. To do that, the new company will need to be a for-profit entity and raise investment dollars for capital.

    Busting the Mythbusters blog Axanar put out.


    http://axamonitor.com/doku.php?id=axanar_myths

    On March 16, 2016, the Axanar website published, “MYTHBUSTERS: Debunking Three Misconceptions About Axanar Productions,” asserting that “confusion has been intentionally created by a certain set of detractors.”1)

    Summary of law suit

    http://axamonitor.com/doku.php?id=summary_of_the_lawsuit

    Second motion to dismiss cover by Sunday G&T

    http://www.gandtshow.com/axanar-second-defense-motion-dismiss/

    Donor Store and merch not licensed

    H4YfXee.jpg

    http://axamonitor.com/doku.php?id=merchandise&s[]=donor&s[]=store

    Klingon Copyrights

    http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?DB=local&PAGE=First

    Just Type Klingon – youll get lots of entries

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    Refunds from Axanar


    hur0LZ9.jpg

    And! best for last

    The Axanar PR guy calling their Financial Statement a good try but worthless.


    http://axamonitor.com/doku.php?id=analysis_reply​​
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    thegrandnagus1thegrandnagus1 Member Posts: 5,165 Arc User
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    meimeitoomeimeitoo Member Posts: 12,594 Arc User

    In all fairness, he didn't even sound all that unreasonable.
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    mhall85mhall85 Member Posts: 2,852 Arc User1
    Peters is a spinster and a sleeze. That video proves it.
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    lazarxlazarx Member Posts: 115 Arc User
    valoreah wrote: »
    gulberat wrote: »
    Duncanidaho, if you have a problem with JJTrek, I can understand that even though I am not as bothered as some fans about it. That is fine to criticize CBS' decisions in that area on their own merit or lack thereof. But your comment that CBS' shutting down Axanar means that THEY--CBS--don't want to produce content to your liking not only is a mistaken logical jump in your argument, it is also kind of Exhibit A to my argument about the intellectual property confusion potentially created by letting Trek actors reprise their old characters in a large-budget fanfilm that goes head-to-head with onscreen Trek. That right there is why I see CBS reacting as they are, since it seems the project's sheer size and use of Trek actors combined is being taken as a sign that no mere blind eye is being turned to it, but that it IS official in some capacity.

    How is this any different that something like Star Trek Continues or Star Trek Renegades?​​

    Neither one of them put up a successful and massive crowdfunding effort that among other things is buying a new studio. In other words, they are labors of love, not profit making enterprises.
    lazarx_2855.jpg
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    equinox976equinox976 Member Posts: 2,277 Arc User
    edited April 2016
    lazarx wrote: »
    they are labors of love, not profit making enterprises.
    I think that is the whole crux of the the argument. And also the reason why so many people are upset.

    ALOT of people have spent ALOT of resources (Including time and money) in order to make various Star Trek 'fan flicks'. But not one of them has ever attempted to take a wage or build a business out of it. As you say they were all a 'labor of love' and not an attempt to make money.

    Peters & co have already made a profit, and despite that; are now attempting to continue to profit and litigate against the legitimate I.P holder and continue to totally disregard the fact that the crowdfunder they got the original funds from where never intended for all this 'silliness'.

    Peters has essentially taken the money of well meaning Trek fans, ran way with it, and is now spending it on the complete opposite of what it was intended for.

    I do not even know what he hope's to achieve at this point - even the most ardent fans are most likely to shun whatever production he puts forth in the unlikely scenario that he 'wins'.
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    meimeitoomeimeitoo Member Posts: 12,594 Arc User
    lazarx wrote: »
    valoreah wrote: »
    gulberat wrote: »
    Duncanidaho, if you have a problem with JJTrek, I can understand that even though I am not as bothered as some fans about it. That is fine to criticize CBS' decisions in that area on their own merit or lack thereof. But your comment that CBS' shutting down Axanar means that THEY--CBS--don't want to produce content to your liking not only is a mistaken logical jump in your argument, it is also kind of Exhibit A to my argument about the intellectual property confusion potentially created by letting Trek actors reprise their old characters in a large-budget fanfilm that goes head-to-head with onscreen Trek. That right there is why I see CBS reacting as they are, since it seems the project's sheer size and use of Trek actors combined is being taken as a sign that no mere blind eye is being turned to it, but that it IS official in some capacity.

    How is this any different that something like Star Trek Continues or Star Trek Renegades?​​

    Neither one of them put up a successful and massive crowdfunding effort that among other things is buying a new studio. In other words, they are labors of love, not profit making enterprises.


    I think it would behoove people to check their facts a bit. The man said they're only paying the lease (for 2 more months) on an existing building they rented. Assuming he is telling the truth, that is quite a stretch from the popular belief he took the money to build a new, for-profit, private studio for his own business.

    I'm not saying I like the man; or even support him. But if even half the things he said in that interview are true (the Courts would soon find out), then he has, perhaps, in certain areas been given a raw public deal. Just sayin'.
    3lsZz0w.jpg
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    equinox976equinox976 Member Posts: 2,277 Arc User
    edited April 2016
    meimeitoo wrote: »
    lazarx wrote: »
    valoreah wrote: »
    gulberat wrote: »
    Duncanidaho, if you have a problem with JJTrek, I can understand that even though I am not as bothered as some fans about it. That is fine to criticize CBS' decisions in that area on their own merit or lack thereof. But your comment that CBS' shutting down Axanar means that THEY--CBS--don't want to produce content to your liking not only is a mistaken logical jump in your argument, it is also kind of Exhibit A to my argument about the intellectual property confusion potentially created by letting Trek actors reprise their old characters in a large-budget fanfilm that goes head-to-head with onscreen Trek. That right there is why I see CBS reacting as they are, since it seems the project's sheer size and use of Trek actors combined is being taken as a sign that no mere blind eye is being turned to it, but that it IS official in some capacity.

    How is this any different that something like Star Trek Continues or Star Trek Renegades?​​

    Neither one of them put up a successful and massive crowdfunding effort that among other things is buying a new studio. In other words, they are labors of love, not profit making enterprises.


    I think it would behoove people to check their facts a bit. The man said they're only paying the lease (for 2 more months) on an existing building they rented. Assuming he is telling the truth, that is quite a stretch from the popular belief he took the money to build a new, for-profit, private studio for his own business.

    I'm not saying I like the man; or even support him. But if even half the things he said in that interview are true (the Courts would soon find out), then he has, perhaps, in certain areas been given a raw public deal. Just sayin'.

    http://www.axanarproductions.com/axanar-annual-report/

    This is from thier own web page:
    Please note that we are a professional production and thus RUN like a professional production. That means our full time employees get paid. Not much honestly, but everyone has bills to pay and if you work full time for Axanar, you get paid.
    Also, no other fan film has production insurance like we do. We pay $ 12,000 a year for that. Again, a professional production.

    Emphasis mine. Would you like me to get the statement's of his own wage aswell (just to put paid to his silly statement 'they are a professional production (but don't get paid much 'honestly')?

    Forgetting all that. He just repeatably stated its a professional production where people get PAID.
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    marcusdkanemarcusdkane Member Posts: 7,439 Arc User
    equinox976 wrote: »
    lazarx wrote: »
    they are labors of love, not profit making enterprises.
    I think that is the whole crux of the the argument. And also the reason why so many people are upset.

    ALOT of people have spent ALOT of resources (Including time and money) in order to make various Star Trek 'fan flicks'. But not one of them has ever attempted to take a wage or build a business out of it. As you say they were all a 'labor of love' and not an attempt to make money.

    Peters & co have already made a profit, and despite that; are now attempting to continue to profit and litigate against the legitimate I.P holder and continue to totally disregard the fact that the crowdfunder they got the original funds from where never intended for all this 'silliness'.

    Peters has essentially taken the money of well meaning Trek fans, ran way with it, and is now spending it on the complete opposite of what it was intended for.

    I do not even know what he hope's to achieve at this point - even the most ardent fans are most likely to shun whatever production he puts forth in the unlikely scenario that he 'wins'.
    I'm just curious to see what happens next time he attends a convention without a mask on... B)
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    ryan218ryan218 Member Posts: 36,106 Arc User
    equinox976 wrote: »
    meimeitoo wrote: »
    lazarx wrote: »
    valoreah wrote: »
    gulberat wrote: »
    Duncanidaho, if you have a problem with JJTrek, I can understand that even though I am not as bothered as some fans about it. That is fine to criticize CBS' decisions in that area on their own merit or lack thereof. But your comment that CBS' shutting down Axanar means that THEY--CBS--don't want to produce content to your liking not only is a mistaken logical jump in your argument, it is also kind of Exhibit A to my argument about the intellectual property confusion potentially created by letting Trek actors reprise their old characters in a large-budget fanfilm that goes head-to-head with onscreen Trek. That right there is why I see CBS reacting as they are, since it seems the project's sheer size and use of Trek actors combined is being taken as a sign that no mere blind eye is being turned to it, but that it IS official in some capacity.

    How is this any different that something like Star Trek Continues or Star Trek Renegades?​​

    Neither one of them put up a successful and massive crowdfunding effort that among other things is buying a new studio. In other words, they are labors of love, not profit making enterprises.


    I think it would behoove people to check their facts a bit. The man said they're only paying the lease (for 2 more months) on an existing building they rented. Assuming he is telling the truth, that is quite a stretch from the popular belief he took the money to build a new, for-profit, private studio for his own business.

    I'm not saying I like the man; or even support him. But if even half the things he said in that interview are true (the Courts would soon find out), then he has, perhaps, in certain areas been given a raw public deal. Just sayin'.

    http://www.axanarproductions.com/axanar-annual-report/

    This is from thier own web page:
    Please note that we are a professional production and thus RUN like a professional production. That means our full time employees get paid. Not much honestly, but everyone has bills to pay and if you work full time for Axanar, you get paid.
    Also, no other fan film has production insurance like we do. We pay $ 12,000 a year for that. Again, a professional production.

    Emphasis mine. Would you like me to get he statement's of his own wage aswell (just to put paid his silly statement 'they are a professional production (but don't get paid much 'honestly')?

    Forgetting all that. He just repeatably stated its a professional production where people get PAID.

    Now using someone's wages to dismiss an argument - that really is putting paid.

    ...

    Don't worry, I can find the door... :p
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    thegrandnagus1thegrandnagus1 Member Posts: 5,165 Arc User
    edited April 2016
    meimeitoo wrote: »
    lazarx wrote: »
    valoreah wrote: »
    gulberat wrote: »
    Duncanidaho, if you have a problem with JJTrek, I can understand that even though I am not as bothered as some fans about it. That is fine to criticize CBS' decisions in that area on their own merit or lack thereof. But your comment that CBS' shutting down Axanar means that THEY--CBS--don't want to produce content to your liking not only is a mistaken logical jump in your argument, it is also kind of Exhibit A to my argument about the intellectual property confusion potentially created by letting Trek actors reprise their old characters in a large-budget fanfilm that goes head-to-head with onscreen Trek. That right there is why I see CBS reacting as they are, since it seems the project's sheer size and use of Trek actors combined is being taken as a sign that no mere blind eye is being turned to it, but that it IS official in some capacity.

    How is this any different that something like Star Trek Continues or Star Trek Renegades?​​

    Neither one of them put up a successful and massive crowdfunding effort that among other things is buying a new studio. In other words, they are labors of love, not profit making enterprises.


    I think it would behoove people to check their facts a bit.

    Yes, it most definitely would. And here they are:

    http://axamonitor.com/doku.php?id=faq

    http://axamonitor.com/doku.php?id=anatomy_of_the_case

    http://axamonitor.com/doku.php?id=timeline

    Assuming he is telling the truth,

    And that is the problem: he isn't.

    The-Grand-Nagus
    Join Date: Sep 2008

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