So why didn't they show the same support for Star Trek Horizons sequel? Are we just cherry picking the ones that are ok?
They ASKED the "HORIZON'S" folks to not do anything at this time with Star Trek and Crowd Funding, due to the very problem that is currently being litigated with Mr. Peters.
When this all blows over, it's most likely that HORIZON will be able to continue with the new guidelines.
Though at this point, I don't see that happening any time soon.
STO Member since February 2009. I Was A Trekkie Before It Was Cool ... Sept. 8th, 1966 ... Not To Mention Before Most Folks Around Here Were Born! Forever a STO Veteran-Minion
Settlement negotiation or not (and CBS/Paramount and the Defendant both clarified that it wasn't that the case was being dropped, it was that they were "...discussing a settlement...") the defendants lawyers are legally bound to continue to adhere to deadlines set by the court until the settlement is reached.
In other words, you don't not do what the court tells you to do just because your negotiating a settlement. They're also legally and ethically bound to represent their their client to the fullest. Defense attorneys must defend their client, even if they know the client is guilty, even of murder.
It's because they don't want official rules because they don't want competition. It is simply as that.
There is no "Competition". C/P own the IP. That is the long and short of it. It is a fact. As such, they can prosecute or not prosecute whomever they feel, whenever they feel to defend that copyright. You don't have to like it, but that is reality.
As for Federation Rising (I believe that is the title of the Horizon sequel). There are two theories (at least as far as I can see) as to why they were shut down and not others.
1) Kraft who is responsible for FR, did work on Prelude. It is possible that he is one of the as yet unnamed "Does" to which C/P may or may not name as co defendants in its case against Axanar. Though all this is mostly speculation and none of it is confirmed.
2) As was Stated by Wil Wheaton in regards to this case (link is somewhere around page 20, I think) most fan-films are around 10,000 to 60,000. That is the money they raise and spend to make their films. This is compared to Axanar's 1.3 million. Federation Rising, was looking to raise about 250k to make. Not quite the level of Axanar, but potentially still high enough that CBS did not like it and thus told them it was best not to continue.
One would think that just a bit of Intelligence would be used in defending ones client.
But I suppose what ever they think they can get away with, is the rule of the day in court.
STO Member since February 2009. I Was A Trekkie Before It Was Cool ... Sept. 8th, 1966 ... Not To Mention Before Most Folks Around Here Were Born! Forever a STO Veteran-Minion
It's because they don't want official rules because they don't want competition. It is simply as that.
Which is their legal right and in any case doesn't change or invalidate the lawsuit. The Horizons sequel was likely shut down to avoid its creator getting caught in the crossfire of the legal case (I.E. To prevent Axanar's legal team from using it as a defence and forcing the plaintiffs to issue another amended complaint or open another case against Kraft).
And the saga continues. Despite whatever other goodwill may have been sewn by JJ and Lin and what possible resolution to the lawsuit may have been on the horizon, thanks to the Axanar legal team (no doubt on the instruction of their client) the lawsuit is not "going away" but must now be seen to it's full legal end.
One would think that just a bit of Intelligence would be used in defending ones client.
But I suppose what ever they think they can get away with, is the rule of the day in court.
Anyone remember that line from Shakespeare? 'Kill all the Lawyers'? I wonder if Alec Peters is thinking just that right now?
One would think that just a bit of Intelligence would be used in defending ones client.
But I suppose what ever they think they can get away with, is the rule of the day in court.
Anyone remember that line from Shakespeare? 'Kill all the Lawyers'? I wonder if Alec Peters is thinking just that right now?
Someone clearly is. Because serious, I do not understand how his defense team could possibly think this is the best way for their client.
Settlement negotiation or not (and CBS/Paramount and the Defendant both clarified that it wasn't that the case was being dropped, it was that they were "...discussing a settlement...") the defendants lawyers are legally bound to continue to adhere to deadlines set by the court until the settlement is reached.
In other words, you don't not do what the court tells you to do just because your negotiating a settlement. They're also legally and ethically bound to represent their their client to the fullest. Defense attorneys must defend their client, even if they know the client is guilty, even of murder.
"Great men are not peacemakers, Great men are conquerors!" - Captain Archer" "When diplomacy fails, there's only one alternative - violence. Force must be applied without apology. It's the Starfleet way." - Captain Janeway #Support Mirror Universe I.S.S. Prefixes
I think everyone just forgot to read what @phenomenaut01 said. Again cherry picking.
I have not forgotten. (since I only read it about twenty minutes ago)
But, I'm not talking about the WHY so much as the HOW.
Reading is FUNdamental.
Cherry Picking is for farmers.
STO Member since February 2009. I Was A Trekkie Before It Was Cool ... Sept. 8th, 1966 ... Not To Mention Before Most Folks Around Here Were Born! Forever a STO Veteran-Minion
When you take up law school you might find the answer to both.
"Great men are not peacemakers, Great men are conquerors!" - Captain Archer" "When diplomacy fails, there's only one alternative - violence. Force must be applied without apology. It's the Starfleet way." - Captain Janeway #Support Mirror Universe I.S.S. Prefixes
Settlement negotiation or not (and CBS/Paramount and the Defendant both clarified that it wasn't that the case was being dropped, it was that they were "...discussing a settlement...") the defendants lawyers are legally bound to continue to adhere to deadlines set by the court until the settlement is reached.
In other words, you don't not do what the court tells you to do just because your negotiating a settlement. They're also legally and ethically bound to represent their their client to the fullest. Defense attorneys must defend their client, even if they know the client is guilty, even of murder.
1) a Countersuit is not necessarily the option needed to take. Yes, they had to come up with some answer, but according to Axamonitor, who is covering the case, They one, had till the end of the month, and two didn't have to countersuit.
2) The defense is bad. This isn't a comment on Axanar's lawyers as people or any ethical stance on them. It is a statement that They are not doing a very good job of defending their client. Again, A countersuit was not the only option and I don't see where it was the best option, especially going into settlement talks where you client is already not in a very good position legally. Rather then force C/P to settle, it is more likely to get them to dig in their heels and force the case to go to trail. Again where Their client has less legal recourse to him then a settlement would grant.
When you take up law school you might find the answer to both.
There's something about a pot and a kettle that comes to mind..,
But, since it seems that 'comprehension' is not a part of the 'world you live in'..., I'll just smile, wave and move on.
STO Member since February 2009. I Was A Trekkie Before It Was Cool ... Sept. 8th, 1966 ... Not To Mention Before Most Folks Around Here Were Born! Forever a STO Veteran-Minion
Aside from Team Axanar choking off the ability for the suit to be dropped (as far-fetched an idea that is), this is almost as interesting:
Meanwhile, Axanar attorney Ranahan told the Axanar-supporter blog, Fan Film Factor, the defense sought only “a single claim for declaratory relief [and that] this claim is not ‘upping the ante’ given that we are not seeking any monetary damages, but simply a declaration of fair use or non-infringement.”
The actual Answer, however, asks for two other things Ranahan did not include in her interview with Fan Film Factor, both of which may involve money:
Defendants' Attorneys’ fees and costs.
Additional relief the court finds “just, proper, and equitable.”
Considering that Team Axanar's law firm was doing pro bono work... um, wut?
One would think that just a bit of Intelligence would be used in defending ones client.
But I suppose what ever they think they can get away with, is the rule of the day in court.
Anyone remember that line from Shakespeare? 'Kill all the Lawyers'? I wonder if Alec Peters is thinking just that right now?
Someone clearly is. Because serious, I do not understand how his defense team could possibly think this is the best way for their client.
Again...the court set a deadline, and the lawyers are legally and ethically bound to file documents by the date specified and provide for the defense of their client, regardless of if there is an ongoing negotiation between all interested parties.
CBS and Paramounts lawyers are not ignorant to this fact either. It won't affect the negotiations.
The counter suit on behalf of Peters for monetary restitution is also necessary in the defense of their client because his name is on the lease of the physical studio space, which he is probably currently in default on because they've most likely locked up all funds until this is settled - one way or another.
One would think that just a bit of Intelligence would be used in defending ones client.
But I suppose what ever they think they can get away with, is the rule of the day in court.
Anyone remember that line from Shakespeare? 'Kill all the Lawyers'? I wonder if Alec Peters is thinking just that right now?
Someone clearly is. Because serious, I do not understand how his defense team could possibly think this is the best way for their client.
Again...the court set a deadline, and the lawyers are legally and ethically bound to file documents by the date specified and provide for the defense of their client, regardless of if there is an ongoing negotiation between all interested parties.
CBS and Paramounts lawyers are not ignorant to this fact either. It won't affect the negotiations.
The counter suit on behalf of Peters for monetary restitution is also necessary in the defense of their client because his name is on the lease of the physical studio space, which he is probably currently in default on because they've most likely locked up all funds until this is settled - one way or another.
So in other words, Peters and his Lawyers are hoping that CBS/Paramount will pick up whatever expenses he still has...,
after burning though the million plus money he already acquired...
wow
STO Member since February 2009. I Was A Trekkie Before It Was Cool ... Sept. 8th, 1966 ... Not To Mention Before Most Folks Around Here Were Born! Forever a STO Veteran-Minion
One would think that just a bit of Intelligence would be used in defending ones client.
But I suppose what ever they think they can get away with, is the rule of the day in court.
Anyone remember that line from Shakespeare? 'Kill all the Lawyers'? I wonder if Alec Peters is thinking just that right now?
Someone clearly is. Because serious, I do not understand how his defense team could possibly think this is the best way for their client.
Again...the court set a deadline, and the lawyers are legally and ethically bound to file documents by the date specified and provide for the defense of their client, regardless of if there is an ongoing negotiation between all interested parties.
CBS and Paramounts lawyers are not ignorant to this fact either. It won't affect the negotiations.
The counter suit on behalf of Peters for monetary restitution is also necessary in the defense of their client because his name is on the lease of the physical studio space, which he is probably currently in default on because they've most likely locked up all funds until this is settled - one way or another.
If you read further down, this point has already been addressed. The deadline in question hadn't been reached yet. The defence had until the end of the month (and unless I'm mistaken, May does not end on the 23rd). As for the counter suit, whether or not the studio was in default still doesn't make counter-suing CBS/Paramount a smart decision (since odds are the defence is actually going to lose more money from the trial than if CBS/Paramount could have dropped the case altogether, which is now impossible). Why compromise the settlement talks by adding a countersuit to the Motion-to-Dismiss, when you're already in a legal disadvantage in court?
One would think that just a bit of Intelligence would be used in defending ones client.
But I suppose what ever they think they can get away with, is the rule of the day in court.
Anyone remember that line from Shakespeare? 'Kill all the Lawyers'? I wonder if Alec Peters is thinking just that right now?
Someone clearly is. Because serious, I do not understand how his defense team could possibly think this is the best way for their client.
Again...the court set a deadline, and the lawyers are legally and ethically bound to file documents by the date specified and provide for the defense of their client, regardless of if there is an ongoing negotiation between all interested parties.
CBS and Paramounts lawyers are not ignorant to this fact either. It won't affect the negotiations.
The counter suit on behalf of Peters for monetary restitution is also necessary in the defense of their client because his name is on the lease of the physical studio space, which he is probably currently in default on because they've most likely locked up all funds until this is settled - one way or another.
Ooh, yeah... don't bring up the studio, LOL.
Yes, it's true they needed to file something very soon... but, why not a simple extension? Why counter-sue? Why have the note that chokes off the ability to drop the suit?
I'm not sure if this delays the discovery period from beginning... which could be their play, but again, seems unnecessary. If anything, they may be forcing C/P's hand, if settlement talks break down.
STO Member since February 2009. I Was A Trekkie Before It Was Cool ... Sept. 8th, 1966 ... Not To Mention Before Most Folks Around Here Were Born! Forever a STO Veteran-Minion
When you take up law school you might find the answer to both.
There's something about a pot and a kettle that comes to mind..,
But, since it seems that 'comprehension' is not a part of the 'world you live in'..., I'll just smile, wave and move on.
Can anyone say Judge, Jury, and Executioner.
Some would argue that pieces of this case have 'flown over your head' and you resort using obscure points to support as evidence for a crime.
So long, farewell, auf wiedersehen, good night...
"Great men are not peacemakers, Great men are conquerors!" - Captain Archer" "When diplomacy fails, there's only one alternative - violence. Force must be applied without apology. It's the Starfleet way." - Captain Janeway #Support Mirror Universe I.S.S. Prefixes
When you take up law school you might find the answer to both.
There's something about a pot and a kettle that comes to mind..,
But, since it seems that 'comprehension' is not a part of the 'world you live in'..., I'll just smile, wave and move on.
Can anyone say Judge, Jury, and Executioner.
Some would argue that pieces of this case have 'flown over your head' and you resort using obscure points to support as evidence for a crime.
So long, farewell, auf wiedersehen, good night...
ROTFLMAO...
I'll just let that post speak for itself...
Though I'm thinking (hoping for your sake), that perhaps you quoted the wrong person????
HINT: I was referring to a certain poster with an "other-universe" handle in the post you quoted, NOT the litigation.
oy vey
com·pre·hen·sion
/ˌkämprəˈhen(t)SH(ə)n/
noun
1. the action or capability of understanding something.
"some won't have the least comprehension of what I'm trying to do"
synonyms: understanding, grasp, conception, apprehension, cognition, ken, knowledge, awareness, perception; interpretation
"matters that seemed beyond her comprehension"
STO Member since February 2009. I Was A Trekkie Before It Was Cool ... Sept. 8th, 1966 ... Not To Mention Before Most Folks Around Here Were Born! Forever a STO Veteran-Minion
Though I'm thinking (hoping for your sake) that perhaps you quoted the wrong person????
And I thought I was the one that had the difficulties with reading "comprehension".
I hope your 3x editing to quote the dictionary has something to do with the Axanar discussion at hand. And not a personal vendetta.
"Great men are not peacemakers, Great men are conquerors!" - Captain Archer" "When diplomacy fails, there's only one alternative - violence. Force must be applied without apology. It's the Starfleet way." - Captain Janeway #Support Mirror Universe I.S.S. Prefixes
Though I'm thinking (hoping for your sake) that perhaps you quoted the wrong person????
And I thought I was the one that had the difficulties with reading "comprehension".
OK...
Well...
Since you appeared to have asked...
YES, you do.
Yer on yer own now...
It's just not much fun debating with someone who's functioning with an incomplete deck of cards.
STO Member since February 2009. I Was A Trekkie Before It Was Cool ... Sept. 8th, 1966 ... Not To Mention Before Most Folks Around Here Were Born! Forever a STO Veteran-Minion
Okay due to the numerous reports coming from this thread, I'm closing it down.
And just fyi - if you report someone for flaming/trolling and you yourself are flaming/trolling don't be so shocked if you get smacked as well.
I have no tolerance for people that report others when they're just as bad.
/closed
Yes, I'm that Askray@Batbayer in game. Yes, I still play. No, I don't care. Former Community Moderator, Former SSR DJ, Now Full time father to two kids, Husband, Retail Worker. Tiktok: @Askray Facebook: Askray113
Comments
They ASKED the "HORIZON'S" folks to not do anything at this time with Star Trek and Crowd Funding, due to the very problem that is currently being litigated with Mr. Peters.
When this all blows over, it's most likely that HORIZON will be able to continue with the new guidelines.
Though at this point, I don't see that happening any time soon.
I Was A Trekkie Before It Was Cool ... Sept. 8th, 1966 ... Not To Mention Before Most Folks Around Here Were Born!
Forever a STO Veteran-Minion
In other words, you don't not do what the court tells you to do just because your negotiating a settlement. They're also legally and ethically bound to represent their their client to the fullest. Defense attorneys must defend their client, even if they know the client is guilty, even of murder.
http://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_110
There is no "Competition". C/P own the IP. That is the long and short of it. It is a fact. As such, they can prosecute or not prosecute whomever they feel, whenever they feel to defend that copyright. You don't have to like it, but that is reality.
As for Federation Rising (I believe that is the title of the Horizon sequel). There are two theories (at least as far as I can see) as to why they were shut down and not others.
1) Kraft who is responsible for FR, did work on Prelude. It is possible that he is one of the as yet unnamed "Does" to which C/P may or may not name as co defendants in its case against Axanar. Though all this is mostly speculation and none of it is confirmed.
2) As was Stated by Wil Wheaton in regards to this case (link is somewhere around page 20, I think) most fan-films are around 10,000 to 60,000. That is the money they raise and spend to make their films. This is compared to Axanar's 1.3 million. Federation Rising, was looking to raise about 250k to make. Not quite the level of Axanar, but potentially still high enough that CBS did not like it and thus told them it was best not to continue.
But I suppose what ever they think they can get away with, is the rule of the day in court.
I Was A Trekkie Before It Was Cool ... Sept. 8th, 1966 ... Not To Mention Before Most Folks Around Here Were Born!
Forever a STO Veteran-Minion
Which is their legal right and in any case doesn't change or invalidate the lawsuit. The Horizons sequel was likely shut down to avoid its creator getting caught in the crossfire of the legal case (I.E. To prevent Axanar's legal team from using it as a defence and forcing the plaintiffs to issue another amended complaint or open another case against Kraft).
Trials of Blood and Fire
Moving On Parts 1-3 - Part 4
In Cold Blood
http://axamonitor.com/doku.php?id=answer
Proud Member of the Operational Support (Bug Hunter) Team
Anyone remember that line from Shakespeare? 'Kill all the Lawyers'? I wonder if Alec Peters is thinking just that right now?
Trials of Blood and Fire
Moving On Parts 1-3 - Part 4
In Cold Blood
Someone clearly is. Because serious, I do not understand how his defense team could possibly think this is the best way for their client.
"When diplomacy fails, there's only one alternative - violence. Force must be applied without apology. It's the Starfleet way." - Captain Janeway
#Support Mirror Universe I.S.S. Prefixes
I have not forgotten. (since I only read it about twenty minutes ago)
But, I'm not talking about the WHY so much as the HOW.
Reading is FUNdamental.
Cherry Picking is for farmers.
I Was A Trekkie Before It Was Cool ... Sept. 8th, 1966 ... Not To Mention Before Most Folks Around Here Were Born!
Forever a STO Veteran-Minion
"When diplomacy fails, there's only one alternative - violence. Force must be applied without apology. It's the Starfleet way." - Captain Janeway
#Support Mirror Universe I.S.S. Prefixes
I understand fully what was said. The Point is,
1) a Countersuit is not necessarily the option needed to take. Yes, they had to come up with some answer, but according to Axamonitor, who is covering the case, They one, had till the end of the month, and two didn't have to countersuit.
2) The defense is bad. This isn't a comment on Axanar's lawyers as people or any ethical stance on them. It is a statement that They are not doing a very good job of defending their client. Again, A countersuit was not the only option and I don't see where it was the best option, especially going into settlement talks where you client is already not in a very good position legally. Rather then force C/P to settle, it is more likely to get them to dig in their heels and force the case to go to trail. Again where Their client has less legal recourse to him then a settlement would grant.
There's something about a pot and a kettle that comes to mind..,
But, since it seems that 'comprehension' is not a part of the 'world you live in'..., I'll just smile, wave and move on.
I Was A Trekkie Before It Was Cool ... Sept. 8th, 1966 ... Not To Mention Before Most Folks Around Here Were Born!
Forever a STO Veteran-Minion
Considering that Team Axanar's law firm was doing pro bono work... um, wut?
Again...the court set a deadline, and the lawyers are legally and ethically bound to file documents by the date specified and provide for the defense of their client, regardless of if there is an ongoing negotiation between all interested parties.
CBS and Paramounts lawyers are not ignorant to this fact either. It won't affect the negotiations.
The counter suit on behalf of Peters for monetary restitution is also necessary in the defense of their client because his name is on the lease of the physical studio space, which he is probably currently in default on because they've most likely locked up all funds until this is settled - one way or another.
So in other words, Peters and his Lawyers are hoping that CBS/Paramount will pick up whatever expenses he still has...,
after burning though the million plus money he already acquired...
wow
I Was A Trekkie Before It Was Cool ... Sept. 8th, 1966 ... Not To Mention Before Most Folks Around Here Were Born!
Forever a STO Veteran-Minion
If you read further down, this point has already been addressed. The deadline in question hadn't been reached yet. The defence had until the end of the month (and unless I'm mistaken, May does not end on the 23rd). As for the counter suit, whether or not the studio was in default still doesn't make counter-suing CBS/Paramount a smart decision (since odds are the defence is actually going to lose more money from the trial than if CBS/Paramount could have dropped the case altogether, which is now impossible). Why compromise the settlement talks by adding a countersuit to the Motion-to-Dismiss, when you're already in a legal disadvantage in court?
Trials of Blood and Fire
Moving On Parts 1-3 - Part 4
In Cold Blood
Ooh, yeah... don't bring up the studio, LOL.
Yes, it's true they needed to file something very soon... but, why not a simple extension? Why counter-sue? Why have the note that chokes off the ability to drop the suit?
I'm not sure if this delays the discovery period from beginning... which could be their play, but again, seems unnecessary. If anything, they may be forcing C/P's hand, if settlement talks break down.
I Was A Trekkie Before It Was Cool ... Sept. 8th, 1966 ... Not To Mention Before Most Folks Around Here Were Born!
Forever a STO Veteran-Minion
Can anyone say Judge, Jury, and Executioner.
Some would argue that pieces of this case have 'flown over your head' and you resort using obscure points to support as evidence for a crime.
So long, farewell, auf wiedersehen, good night...
"When diplomacy fails, there's only one alternative - violence. Force must be applied without apology. It's the Starfleet way." - Captain Janeway
#Support Mirror Universe I.S.S. Prefixes
I'll just let that post speak for itself...
Though I'm thinking (hoping for your sake), that perhaps you quoted the wrong person????
HINT: I was referring to a certain poster with an "other-universe" handle in the post you quoted, NOT the litigation.
oy vey
com·pre·hen·sion
/ˌkämprəˈhen(t)SH(ə)n/
noun
1. the action or capability of understanding something.
"some won't have the least comprehension of what I'm trying to do"
synonyms: understanding, grasp, conception, apprehension, cognition, ken, knowledge, awareness, perception; interpretation
"matters that seemed beyond her comprehension"
I Was A Trekkie Before It Was Cool ... Sept. 8th, 1966 ... Not To Mention Before Most Folks Around Here Were Born!
Forever a STO Veteran-Minion
And I thought I was the one that had the difficulties with reading "comprehension".
I hope your 3x editing to quote the dictionary has something to do with the Axanar discussion at hand. And not a personal vendetta.
"When diplomacy fails, there's only one alternative - violence. Force must be applied without apology. It's the Starfleet way." - Captain Janeway
#Support Mirror Universe I.S.S. Prefixes
OK...
Well...
Since you appeared to have asked...
YES, you do.
Yer on yer own now...
It's just not much fun debating with someone who's functioning with an incomplete deck of cards.
I Was A Trekkie Before It Was Cool ... Sept. 8th, 1966 ... Not To Mention Before Most Folks Around Here Were Born!
Forever a STO Veteran-Minion
And just fyi - if you report someone for flaming/trolling and you yourself are flaming/trolling don't be so shocked if you get smacked as well.
I have no tolerance for people that report others when they're just as bad.
/closed
Former Community Moderator, Former SSR DJ, Now Full time father to two kids, Husband, Retail Worker.
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