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Axanar draws lawsuit from Paramount and CBS

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  • markhawkmanmarkhawkman Member Posts: 35,236 Arc User
    It's not slander if it's true... Also, it's not a case of you being one-sided, but that you're defending the Antichrist Alec Peters over issues which are inexcusable, such as his behaviour of Tommy Kraft. He may have retracted the accusation, but he never had the balls to apologize, and that is the problem, because it shows that he treats people like s**t...
    First I heard. Thanks doc... And daveyny just said it was because I was being one-sided. I guess I support the devil then. Better put me on Salem witch trials and burn me at the stake.... <sigh>
    Don't be silly, that's not the right way to execute people.... Stoning!

    But seriously. As it stands, the court case is not the primary reason Peters can't make Axanar right now. The real reason is that Peters alienated most of the people who made Prelude. Thus he has no production staff.
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  • terranempire#7881 terranempire Member Posts: 1,222 Arc User
    Don't be silly, that's not the right way to execute people.... Stoning!

    But seriously. As it stands, the court case is not the primary reason Peters can't make Axanar right now. The real reason is that Peters alienated most of the people who made Prelude. Thus he has no production staff.

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    Don't give them ideas! o.o

    He said it was taking a long time because they have to adjust the dates for others that aren't available. I heard that from the interviews.


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  • khan5000khan5000 Member Posts: 3,008 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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  • daveynydaveyny Member Posts: 8,227 Arc User
    khan5000 wrote: »

    That really doesn't say anything we already don't know.

    The really interesting tid-bit is this...

    "... Earlier this month, U.S. District Court Judge R. Gary Klausner rejected a motion to dismiss the case, finding that even though Axanar is not yet complete, enough copyrighted Star Trek elements were present in the script for the lawsuit to proceed..."

    This does not seem to bode well for Mr. Peter's...,

    As if this is a correct quote from the judge, there's apparently already enough evidence proving that Axanar did in fact use copyrighted material and it just remains to be seen how bad the offense is.

    Right about now, if I were him, I'd be very happy to accept whatever CBS/Paramount is offering to settle.

    <shrug>


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  • crypticarmsmancrypticarmsman Member Posts: 4,115 Arc User
    I wouldn't call that a joke. Nor would I consider wanting someone's grandchildren to be in debt. Anyone that thinks so should get counselling.

    I would hope that anyone who takes 1.3 million and fails to produce what was promised over two years (prior to the lawsuit); and who also is SELLING (via a 'donor store' which is very different thing from producing XX specific items because you got XX Pledges at specific Crowdfund Tier) UNLICENSED merchandise (and therefore commercially trading with an IP they neither own nor have a license from); would get a stiff and punitive damage penalty to deter others from deciding to do the same.

    Anyone who thinks a person who did all the above should get off scot-free is the one who should be in counseling.
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  • imperatorpaveliimperatorpaveli Member Posts: 346 Arc User
    edited May 2016
    Anyway, back to the topic. Axanar decided to try to countersue apparently.

    Edit: Evidently the links only work if you're in the group that they were uploaded to. I did not know this. If you want any specific document I'll find it and find somewhere to post it.
    Post edited by imperatorpaveli on
  • markhawkmanmarkhawkman Member Posts: 35,236 Arc User
    a brief description seems adequate.
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  • imperatorpaveliimperatorpaveli Member Posts: 346 Arc User
    edited May 2016
    Basically they're denying everything, then saying that JJ and Justin Lin love them, then denying a bit more, then the document ends.

    "28. Defendants deny that Prelude to Axanar is or was intended to be a
    derivative work, or that it infringes Plaintiffs’ works. Defendants further deny that the
    full title of Prelude to Axanar is “Star Trek: Prelude to Axanar.” Defendants admit
    that Prelude to Axanar was inspired by Star Trek, and tells a story about Garth of Izar
    that has not been told before. To the extent the allegations in paragraph 28 concern
    facts regarding Prelude to Axanar that are publicly available, no response is required
    and Defendants refer to the film for its contents."

    Basically they're denying everything. AND they also want CBS/Paramount to pay back damages.
  • voyagerfan9751voyagerfan9751 Member Posts: 1,120 Arc User
    Basically they're denying everything, then saying that JJ and Justin Lin love them, then denying a bit more, then the document ends.

    "28. Defendants deny that Prelude to Axanar is or was intended to be a
    derivative work, or that it infringes Plaintiffs’ works. Defendants further deny that the
    full title of Prelude to Axanar is “Star Trek: Prelude to Axanar.” Defendants admit
    that Prelude to Axanar was inspired by Star Trek, and tells a story about Garth of Izar
    that has not been told before. To the extent the allegations in paragraph 28 concern
    facts regarding Prelude to Axanar that are publicly available, no response is required
    and Defendants refer to the film for its contents."

    Basically they're denying everything.

    Sounds like more of the same. Basically Axanar isn't Star Trek, even though it clearly features elements of Star Trek, which have already been pointed out ad nauseum in court already. I realize this is basically all legal mumboo jumboo, but at this point, Peters needs to just listen to whatever C/P offers in the settlement talks (assuming those haven't broken down already) and be reasonable about it.
  • thekodanarmada#7342 thekodanarmada Member Posts: 1,631 Arc User
    Basically they're denying everything, then saying that JJ and Justin Lin love them, then denying a bit more, then the document ends.

    "28. Defendants deny that Prelude to Axanar is or was intended to be a
    derivative work, or that it infringes Plaintiffs’ works. Defendants further deny that the
    full title of Prelude to Axanar is “Star Trek: Prelude to Axanar.” Defendants admit
    that Prelude to Axanar was inspired by Star Trek, and tells a story about Garth of Izar
    that has not been told before. To the extent the allegations in paragraph 28 concern
    facts regarding Prelude to Axanar that are publicly available, no response is required
    and Defendants refer to the film for its contents."

    Basically they're denying everything. AND they also want CBS/Paramount to pay back damages.

    This is the gold standard of legal delusion. The only more-precious metals are sovereign citizens.

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  • marcusdkanemarcusdkane Member Posts: 7,439 Arc User
    Basically they're denying everything, then saying that JJ and Justin Lin love them, then denying a bit more, then the document ends.

    "28. Defendants deny that Prelude to Axanar is or was intended to be a
    derivative work, or that it infringes Plaintiffs’ works. Defendants further deny that the
    full title of Prelude to Axanar is “Star Trek: Prelude to Axanar.” Defendants admit
    that Prelude to Axanar was inspired by Star Trek, and tells a story about Garth of Izar
    that has not been told before. To the extent the allegations in paragraph 28 concern
    facts regarding Prelude to Axanar that are publicly available, no response is required
    and Defendants refer to the film for its contents."

    Basically they're denying everything. AND they also want CBS/Paramount to pay back damages.
    Bwahahahahahahahaha :D As I noted a couple of days ago...
    I read last night that Axanar is, essentially, a story Alec Peters has wanted to tell for twenty years. (Probably an idea he had soon after watching First Contact) It strikes me, that this is a story he's potentially pitched to Paramount and had rejected, so he's now trying to make the film himself. If it was just a case of 'telling a story', then great, strip out the Star Trek IP elements, and tell the story of Gareth Isaacs, the Space Command captain who's tactics won the battle of Aldebaran, against the evil Krillon Empire, thus allowing the Galactic Commonwealth to be established... It'll still be a f**king amazing story (and I would still want to see it) but it wouldn't be Star Trek, and it wouldn't be the 'I dictated a piece of Star Trek Canon' ego-boost which Alec Peters clearly needs it to be. If he didn't need it to be that, if he just wanted to tell that story he'd be telling the story of Gareth Isaacs...

    'Not intended to be derivitive work'... That's better about the one about the Andorian's sister :D:D
  • duncanidaho11duncanidaho11 Member Posts: 7,980 Arc User

    Anyone who thinks a person who did all the above should get off scot-free is the one who should be in counseling.

    An old piece of advice comes to mind: never get emotionally invested in someone else's lawsuit. It won't dispense justice in a godly form, it won't give you the confirmation you're seeking. It's just a way to moderate human interactions through a written framework, to the best of all abilities involved.

    Take a step back and consider that all parties involved have lawyers and they'll all do what they think is most beneficial to their self-interest. The conflict between those interests is what gets worked out legally and for the system to work at all you have to take the outcome for what it is (not what you think it should be).
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  • nikeixnikeix Member Posts: 3,972 Arc User
    Oh the ego on parade. You get an utterly improbably lifeline from a pair of directors and your big play is counter-sue?

    You can almost hear the CBS execs and their squadrons of attack-lawyers shifting gears from "Fine, we'll let the fool save face in a private settlement" to "Burn it to the ground and salt the earth where it stood. No survivors."
  • daveynydaveyny Member Posts: 8,227 Arc User
    It's almost like he's directing his lawyers to go into self-destruct mode...

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  • thekodanarmada#7342 thekodanarmada Member Posts: 1,631 Arc User
    I really, really want to read this new filing now. It hasn't hit any of the common news sites.
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  • imperatorpaveliimperatorpaveli Member Posts: 346 Arc User
    edited May 2016
    I really, really want to read this new filing now. It hasn't hit any of the common news sites.

    @thekodanarmada#7342 the countersuit thing? I'll upload it to my onedrive and post a link here if you want.

    If you have Facebook, join this group: https://www.facebook.com/groups/CBSvsAxanar, then go into the files section. New files about the case will always be posted there whenever someone with PACER access gets to it.
  • ryan218ryan218 Member Posts: 36,106 Arc User
    There's absolutely nothing about this on Axamonitor (yet). Wierd.
  • imperatorpaveliimperatorpaveli Member Posts: 346 Arc User
    edited May 2016
    https://onedrive.live.com/redir?resid=254986DC2AE6AFCD!970&amp;authkey=!APtorUfjs--1-ZQ&amp;ithint=file,pdf File posted today is on my onedrive for those interested.

    Just an fyi, this is the same file posted in the CBSvsAxanar group, but I reuploaded it so you don't have to be a member of the group to read it.

    It'll probably be on Axamonitor fairly soon.
  • thekodanarmada#7342 thekodanarmada Member Posts: 1,631 Arc User
    So what's its source and how is that source not public?
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  • marcusdkanemarcusdkane Member Posts: 7,439 Arc User
    PS URL for the facebook page... https://www.facebook.com/StarTrekAxanar

    :D

    Alec, you have seriously shot yourself in the foot with that denial. Hang your head in shame, and exit stage left...
  • imperatorpaveliimperatorpaveli Member Posts: 346 Arc User
    @thekodanarmada#7342 I got the file from here: https://www.facebook.com/groups/CBSvsAxanar/files/ Should be the first file listed. If you have a Facebook account you may want to join that group, everything new from PACER (some early-access legal document thing) is uploaded there.

    The Facebook group is public, but I couldn't get the file open unless I was signed in to Facebook, so I thought I'd dump it on my onedrive and make it available for those of us who don't have Facebook here.
  • markhawkmanmarkhawkman Member Posts: 35,236 Arc User
    edited May 2016
    In one paragraph it says that Axanar is not a derivative work, but also inspired by and based on a canon character.....
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  • voyagerfan9751voyagerfan9751 Member Posts: 1,120 Arc User
    edited May 2016
    In one paragraph it says that Axanar is not a derivative work, but also inspired by and based on a canon character.....

    I am thinking they are using a very limited view of "derivative work". Basically, it is not set in The Original Series, or any other established series, so it is not derived from copyrighted work. While ignoring that the character of Garth and the Battle of Axanar (thus everything surrounding the fan-film) are mentioned in "Whom God Destroys"
  • marcusdkanemarcusdkane Member Posts: 7,439 Arc User
    Diana Kingsbury just posted on facebook: "Some days just need a reset button"

    I sincerely hope it's nothing serious of a personal/familial nature, but given the somewhat coincidental timing of the tone of her post and the revelation of an Axanar countersuit:

    Bwahahahahahahahahahahahahahahahahahahahaha
    :D:D:D:D:D:D:D:D
  • evilmark444evilmark444 Member Posts: 6,951 Arc User
    ... so they got someone to calm the bears down for them, then kicked the bears square in the teeth basically ... please tell me this countersuit will lead to Peters getting the legal burial he deserves and seemed poised to avoid.
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  • thekodanarmada#7342 thekodanarmada Member Posts: 1,631 Arc User
    ... so they got someone to calm the bears down for them, then kicked the bears square in the teeth basically ... please tell me this countersuit will lead to Peters getting the legal burial he deserves and seemed poised to avoid.

    I like to think of it closer to finally getting everyone settled down to the table for a nice quiet dinner, when the monkey jumps onto the table and begins to practice excrement ballistics.
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  • voyagerfan9751voyagerfan9751 Member Posts: 1,120 Arc User
    ... so they got someone to calm the bears down for them, then kicked the bears square in the teeth basically ... please tell me this countersuit will lead to Peters getting the legal burial he deserves and seemed poised to avoid.

    I like to think of it closer to finally getting everyone settled down to the table for a nice quiet dinner, when the monkey jumps onto the table and begins to practice excrement ballistics.

    Either way, If you want to get a company to back off and let you make your movie fan film, it would seem to me this is the LAST thing you would want to do.
  • thekodanarmada#7342 thekodanarmada Member Posts: 1,631 Arc User
    Haven't there been forty-odd pages of people saying the matter is not as simple an issue as whether or not a fanfilm gets produced?
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  • jonsillsjonsills Member Posts: 10,471 Arc User
    https://onedrive.live.com/redir?resid=254986DC2AE6AFCD!970&amp;authkey=!APtorUfjs--1-ZQ&amp;ithint=file,pdf File posted today is on my onedrive for those interested.

    Just an fyi, this is the same file posted in the CBSvsAxanar group, but I reuploaded it so you don't have to be a member of the group to read it.

    It'll probably be on Axamonitor fairly soon.
    I stopped about halfway through Page 2, after the eighth or ninth denial of the defendants that they had any knowledge of Star Trek aside from its existence as a television show in the late '60s. At first it was funny, but the joke ran on too long.
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