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plaintiffs_answer [2016/06/15 18:54] – Carlos Pedrazaplaintiffs_answer [Unknown date] (current) – external edit (Unknown date) 127.0.0.1
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 CBS and Paramount Pictures filed on June 15, 2016, their **Answer** to the counterclaim filed by Axanar's attorneys, denying the copyright lawsuit is done, despite the protests of producer J.J. Abrams and //Star Trek Beyond// director Justin Lin. CBS and Paramount Pictures filed on June 15, 2016, their **Answer** to the counterclaim filed by Axanar's attorneys, denying the copyright lawsuit is done, despite the protests of producer J.J. Abrams and //Star Trek Beyond// director Justin Lin.
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-<wrap lo><wrap em>DRAFT</wrap> This is a breaking story. This article should be considered incomplete until this notice is removed.</wrap> 
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 In their Answer, the plaintiffs' attorneys, [[Loeb & Loeb]], responded directly to the counterclaim, which is essentially a suit by the defendants against the plaintiffs, reversing roles and with its own timetable. The defendants have the burden of proof for their counterclaim.(([[https://www.law.cornell.edu/rules/frcp/rule_12|"Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing," Legal Information Institute, Cornell School of Law]], retrieved 6/13/16.)) In their Answer, the plaintiffs' attorneys, [[Loeb & Loeb]], responded directly to the counterclaim, which is essentially a suit by the defendants against the plaintiffs, reversing roles and with its own timetable. The defendants have the burden of proof for their counterclaim.(([[https://www.law.cornell.edu/rules/frcp/rule_12|"Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing," Legal Information Institute, Cornell School of Law]], retrieved 6/13/16.))
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 +**DOWNLOAD** the [[https://www.dropbox.com/s/ajydw30mnljo7y5/Paramount%20v%20Axanar%202-15-cv-09938%20CD%20CA%202016-06-15%2049%20Paramount%20Answer%20to%20counterclaim%2048.pdf?dl=0|Answer to Axanar's counterclaim]], filed by attorneys for CBS and Paramount.
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 The answer was filed 21 days after the counterclaim was served on the plaintiffs by Axanar attorneys [[Winston & Strawn]], who have the opportunity to respond before the case was to continue into [[discovery]]. The answer was filed 21 days after the counterclaim was served on the plaintiffs by Axanar attorneys [[Winston & Strawn]], who have the opportunity to respond before the case was to continue into [[discovery]].
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 ==== Studios' Response ==== ==== Studios' Response ====
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 +//**__With regard to its ‘uncertainty as to how Axanar may proceed with its film,’ the plaintiffs stated ‘their [legal] action remains pending. ’__**// — //Plaintiffs' answer to Axanar counterclaim//
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 In their eight-page response, CBS and Paramount generally denied Axanar's claims, especially challenging Axanar's assertion that "until this lawsuit, Plaintiffs, or any predecessor claiming to own copyrights in the Star Trek universe, had never filed a lawsuit against any Star Trek fan in connection with that fan’s efforts to contribute to the wealth of Star Trek fan fiction that currently exists."((Answer of Defendants … to Plaintiffs' First Amended Complaint; Counterclaim for Declaratory Relief; Demand for Jury Trial, p. 17 ¶9, 5/23/16.)) Instead, the plaintiffs replied: In their eight-page response, CBS and Paramount generally denied Axanar's claims, especially challenging Axanar's assertion that "until this lawsuit, Plaintiffs, or any predecessor claiming to own copyrights in the Star Trek universe, had never filed a lawsuit against any Star Trek fan in connection with that fan’s efforts to contribute to the wealth of Star Trek fan fiction that currently exists."((Answer of Defendants … to Plaintiffs' First Amended Complaint; Counterclaim for Declaratory Relief; Demand for Jury Trial, p. 17 ¶9, 5/23/16.)) Instead, the plaintiffs replied:
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 === Tolerated Use === === Tolerated Use ===
  
-The plaintiffs disputed Peters' claim that given his "extensive history with CBS," he believed he was "operating within the tolerated realm of Star Trek fan faction," and that he "reached out to CBS on multiple occasions in an effort to seek guidelines about the production."((Answer of Defendants … to Plaintiffs' First Amended Complaint; Counterclaim for Declaratory Relief; Demand for Jury Trial, p. 20 ¶18, 5/23/16.)) Instead, they stated:+The plaintiffs disputed Peters' claim that given his "extensive history with CBS," he believed he was "operating within the tolerated realm of Star Trek fan fiction," and that he "reached out to CBS on multiple occasions in an effort to seek guidelines about the production."((Answer of Defendants … to Plaintiffs' First Amended Complaint; Counterclaim for Declaratory Relief; Demand for Jury Trial, p. 20 ¶18, 5/23/16.)) Instead, they stated:
  
 > [The plaintiffs] deny that Defendant Alec Peters “reached out to CBS” on multiple occasions, admit that Defendant Alec Peters spoke to [[[CBS officials]]] Bill Burke and to John Van Citters, but state that Mr. Peters was never given permission to use Star Trek Copyrighted Works, nor was he provided with “guidelines” regarding ways in which he could use Plaintiffs’ intellectual property for his Star Trek film projects, for either commercial or non-commercial use, nor was he told that his use of such Star Trek Copyrighted Works would be tolerated.((Paramount Pictures Corp. and CBS Studios Inc.'s Answer to Counterclaim, p. 3 ¶18, 6/15/16.)) > [The plaintiffs] deny that Defendant Alec Peters “reached out to CBS” on multiple occasions, admit that Defendant Alec Peters spoke to [[[CBS officials]]] Bill Burke and to John Van Citters, but state that Mr. Peters was never given permission to use Star Trek Copyrighted Works, nor was he provided with “guidelines” regarding ways in which he could use Plaintiffs’ intellectual property for his Star Trek film projects, for either commercial or non-commercial use, nor was he told that his use of such Star Trek Copyrighted Works would be tolerated.((Paramount Pictures Corp. and CBS Studios Inc.'s Answer to Counterclaim, p. 3 ¶18, 6/15/16.))
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 +[{{ :abrams-lin.jpg?300|**INTERCEDING** At a //Star Trek Beyond// event, producer J.J. Abrams (left) and director Justin Lin (right) claimed the copyright suit against Axanar was "going away."}}]
  
 The studios also denied Peters' version of his August 2015 [[cbs_officials|meeting with CBS officials]], from which he claimed he received no warning he had "gone too far," despite his "years … of contributions in support of both CBS and Paramount."((Answer of Defendants … to Plaintiffs' First Amended Complaint; Counterclaim for Declaratory Relief; Demand for Jury Trial, p. 21 ¶19, 5/23/16.)) The studios also denied Peters' version of his August 2015 [[cbs_officials|meeting with CBS officials]], from which he claimed he received no warning he had "gone too far," despite his "years … of contributions in support of both CBS and Paramount."((Answer of Defendants … to Plaintiffs' First Amended Complaint; Counterclaim for Declaratory Relief; Demand for Jury Trial, p. 21 ¶19, 5/23/16.))
  
 Instead, the plaintiffs denied that they did not "‘express any concerns’ to Peters prior to this lawsuit."((Paramount Pictures Corp. and CBS Studios Inc.'s Answer to Counterclaim, p. 3 ¶19, 6/15/16.)) Instead, the plaintiffs denied that they did not "‘express any concerns’ to Peters prior to this lawsuit."((Paramount Pictures Corp. and CBS Studios Inc.'s Answer to Counterclaim, p. 3 ¶19, 6/15/16.))
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 +== Overstatement ==
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 +In the counterclaim, Peters described his previous association with CBS as his "expertise" regarding Star Trek props and costumes, "recognized by CBS when they hired him to sell the assets of the Star Trek Experience [sic]," volunteering to help CBS cataloging its Star Trek prop and costume archive and donating his warehouse to house some objects.((Answer of Defendants … to Plaintiffs' First Amended Complaint; Counterclaim for Declaratory Relief; Demand for Jury Trial, p. 18-19 ¶14, 5/23/16.))
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 +[{{ :alec_peters.jpg?150|**Alec Peters**}}]
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 +Instead, the plaintiffs minimized their experience with Peters: "[We] admit that CBS Consumer Products Inc. worked in the past in a limited capacity with a company with which Alec Peters was involved," otherwise lacking information to substantiate his other claims.((Paramount Pictures Corp. and CBS Studios Inc.'s Answer to Counterclaim, p. 2 ¶14, 6/15/16.))
  
 === Abrams-Lin Intercession === === Abrams-Lin Intercession ===
  
-On May 20, 2016, Star Trek producer Abrams claimed the case was "going away … within the next few weeks," by which Axanar claimed Abram and Lin had "publicly renounced" the suit.((Answer of Defendants … to Plaintiffs' First Amended Complaint; Counterclaim for Declaratory Relief; Demand for Jury Trial, p. 23 ¶23, 5/23/16.))+On May 20, 2016, Star Trek producer Abrams claimed the case was "going away … within the next few weeks," by which Axanar claimed Abrams and Lin had "publicly renounced" the suit.((Answer of Defendants … to Plaintiffs' First Amended Complaint; Counterclaim for Declaratory Relief; Demand for Jury Trial, p. 23 ¶23, 5/23/16.))
  
 Instead, the plaintiffs stated that while Abrams' and Lin's public statements "speak for themselves," otherwise the plaintiffs denied Abrams and Lin had renounced the suit.((Paramount Pictures Corp. and CBS Studios Inc.'s Answer to Counterclaim, p. 4 ¶23, 6/15/16.)) Instead, the plaintiffs stated that while Abrams' and Lin's public statements "speak for themselves," otherwise the plaintiffs denied Abrams and Lin had renounced the suit.((Paramount Pictures Corp. and CBS Studios Inc.'s Answer to Counterclaim, p. 4 ¶23, 6/15/16.))
  
-With regard to its "uncertainty as to how Axanar may proceed with its film,"((Answer of Defendants … to Plaintiffs' First Amended Complaint; Counterclaim for Declaratory Relief; Demand for Jury Trial, p. 23 ¶25, 5/23/16.)) the plaintiffs admitted "their action remains pending."((Paramount Pictures Corp. and CBS Studios Inc.'s Answer to Counterclaim, p. 5 ¶25, 6/15/16.))+With regard to its "uncertainty as to how Axanar may proceed with its film,"((Answer of Defendants … to Plaintiffs' First Amended Complaint; Counterclaim for Declaratory Relief; Demand for Jury Trial, p. 23 ¶25, 5/23/16.)) the plaintiffs stated "their [legal] action remains pending."((Paramount Pictures Corp. and CBS Studios Inc.'s Answer to Counterclaim, p. 5 ¶25, 6/15/16.))
  
 ==== Relief ===== ==== Relief =====