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exclude_evidence_opposition [2017/01/06 20:53] – created Carlos Pedrazaexclude_evidence_opposition [2018/04/01 14:20] (current) – [Other Evidence to Keep from Jury] Carlos Pedraza
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-<wrap lo>See also: //[[excluding_evidence|Axanar Seeks to Exclude Major Evidence, Witnesses]]//</wrap>+<wrap lo>See also: //[[order_exclude_evidence|Judge Rules on Excluding Evidence]]// and //[[excluding_evidence|Axanar Seeks to Exclude Major Evidence, Witnesses]]//</wrap>
  
 In documents filed with the court January 6, 2017, lawyers for producer [[Alec Peters]] opposed attempts by [[CBS]] and [[paramount_pictures|Paramount Pictures]] to exclude evidence and witnesses from their defense against allegations [[Axanar Productions]] infringed on Star Trek copyrights. In documents filed with the court January 6, 2017, lawyers for producer [[Alec Peters]] opposed attempts by [[CBS]] and [[paramount_pictures|Paramount Pictures]] to exclude evidence and witnesses from their defense against allegations [[Axanar Productions]] infringed on Star Trek copyrights.
  
 The defense documents took aim at the studios' effort to exclude a second set of financial records submitted by Peters that omitted his personal expenses that were paid for out of funds raised from Star Trek fans for the production of the feature film, //Axanar//. The defense documents took aim at the studios' effort to exclude a second set of financial records submitted by Peters that omitted his personal expenses that were paid for out of funds raised from Star Trek fans for the production of the feature film, //Axanar//.
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 +<wrap lo><wrap em>DRAFT</wrap> This is a developing story. This article should be considered a draft until this notice is removed.</wrap>
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 Peters' attorneys also fought CBS and Paramount's effort to exclude testimony from Star Trek producer J.J. Abrams and director Justin Lin, whose supposed support of fan films justified Peters' unauthorized use of copyrighted Star Trek elements in the short, //Prelude to Axanar//, and the as-yet unproduced //Axanar//. Peters' attorneys also fought CBS and Paramount's effort to exclude testimony from Star Trek producer J.J. Abrams and director Justin Lin, whose supposed support of fan films justified Peters' unauthorized use of copyrighted Star Trek elements in the short, //Prelude to Axanar//, and the as-yet unproduced //Axanar//.
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 ===== Second Set of Financials ===== ===== Second Set of Financials =====
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 +<wrap lo>See also: //[[statement_fact_law|Filings Shine Light on Weaknesses of Axanar Defense]]//</wrap>
  
 In his first deposition, Peters had first turned over financial records detailing his spending of more than $1.4 million. A significant portion of that, the plaintiffs claimed, was spent on the personal expenses of Peters, his then-girlfriend Diana Kingsbury, Axanar's director of fulfillment, and other of his friends. In his first deposition, Peters had first turned over financial records detailing his spending of more than $1.4 million. A significant portion of that, the plaintiffs claimed, was spent on the personal expenses of Peters, his then-girlfriend Diana Kingsbury, Axanar's director of fulfillment, and other of his friends.
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  [{{ ::garth_of_izar.jpg?200|**MORE INFRINGEMENT** CBS claims //Axanar// infringes on the character portrayed in the 2003 Star Trek novel, "Garth of Izar."}}]  [{{ ::garth_of_izar.jpg?200|**MORE INFRINGEMENT** CBS claims //Axanar// infringes on the character portrayed in the 2003 Star Trek novel, "Garth of Izar."}}]
  
-===== Evidence to Keep from Jury =====+===== Other Evidence to Keep from Jury =====
  
 Among the motions filed, the parties sought to exclude the following evidence: Among the motions filed, the parties sought to exclude the following evidence:
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   * **FAN FILMS** Paramount and CBS also wanted to exclude testimony and documents regarding Star Trek fan films, particularly the the [[guidelines-podcast|fan film guidelines]] because they contend Axanar by its own admission was a fully professional, independent Star Trek film project, not a fan film.   * **FAN FILMS** Paramount and CBS also wanted to exclude testimony and documents regarding Star Trek fan films, particularly the the [[guidelines-podcast|fan film guidelines]] because they contend Axanar by its own admission was a fully professional, independent Star Trek film project, not a fan film.
   * **GARTH NOVEL, ROLE-PLAYING GAME** Axanar wanted to prevent the studios from claiming copyright infringement on any Star Trek works not identified in the plaintiffs' actual legal complaint, including the [[knowing_infringement|Star Trek Role Playing Game]] Peters has always pointed to as an important source for //Axanar//, and the 2003 novel, "[[http://memory-beta.wikia.com/wiki/Garth_of_Izar_(novel)|Garth of Izar]]," which features the same protagonist as that portrayed in //Axanar//. [{{ :4-years-war.jpg?direct&200|**SOURCEBOOK** “The Four Years War,” a game sourcebook published by FASA under a license from Paramount Pictures in 1986 was the inspiration for Alec Peters’ story in the Axanar film.}}]   * **GARTH NOVEL, ROLE-PLAYING GAME** Axanar wanted to prevent the studios from claiming copyright infringement on any Star Trek works not identified in the plaintiffs' actual legal complaint, including the [[knowing_infringement|Star Trek Role Playing Game]] Peters has always pointed to as an important source for //Axanar//, and the 2003 novel, "[[http://memory-beta.wikia.com/wiki/Garth_of_Izar_(novel)|Garth of Izar]]," which features the same protagonist as that portrayed in //Axanar//. [{{ :4-years-war.jpg?direct&200|**SOURCEBOOK** “The Four Years War,” a game sourcebook published by FASA under a license from Paramount Pictures in 1986 was the inspiration for Alec Peters’ story in the Axanar film.}}]
-  * **PERSONAL DRAMA** Citing ""evidence concerning personal drama, smear campaign, and other irrelevant communications" — specifically naming former staff, director Gossett and CTO McIntosh — Axanar wanted all their testimony disallowed.+  * **PERSONAL DRAMA** Citing "evidence concerning personal drama, smear campaign, and other irrelevant communications" — specifically naming former staff, director Gossett and CTO McIntosh — Axanar wanted all their testimony disallowed.
   * **THE NAME 'STAR TREK'** Axanar wanted to exclude any evidence "regarding defendants' use of the name 'Star Trek,'" in fact largely asking the court to prevent introduction of specific Star Trek elements such as Vulcans, Klingons, the command insignia, Starfleet, the starship Enterprise, Romulans, Tellarites, Andorians and characters like Garth of Izar, Vulcan ambassador Soval, Captain Richard Robau, historian John Gill, Spock's father Sarek, among others, claiming they are not protected by copyright.   * **THE NAME 'STAR TREK'** Axanar wanted to exclude any evidence "regarding defendants' use of the name 'Star Trek,'" in fact largely asking the court to prevent introduction of specific Star Trek elements such as Vulcans, Klingons, the command insignia, Starfleet, the starship Enterprise, Romulans, Tellarites, Andorians and characters like Garth of Izar, Vulcan ambassador Soval, Captain Richard Robau, historian John Gill, Spock's father Sarek, among others, claiming they are not protected by copyright.
   * **EXPERT FINANCIAL WITNESS** The studios wanted to exclude the testimony of Axanar's expert financial witness, certified public accountant Christian Tregillis.   * **EXPERT FINANCIAL WITNESS** The studios wanted to exclude the testimony of Axanar's expert financial witness, certified public accountant Christian Tregillis.
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-**Keywords** {{tag>lawsuit parties defendants plaintiffs}}+**Keywords** {{tag>lawsuit parties defendants plaintiffs wrap_quote}}