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axanar_debate_2 [2018/12/18 19:41] – Carlos Pedraza | axanar_debate_2 [2018/12/31 14:42] (current) – [A 'Game-Changer'] Carlos Pedraza | ||
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- | AxaMonitor Debate part 2 | ||
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====== Debate Focuses on AxaMonitor as Cause for Trek Fans' Rift ====== | ====== Debate Focuses on AxaMonitor as Cause for Trek Fans' Rift ====== | ||
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The one-hour, fifteen-minute podcast was released December 17, 2018, produced by Miller as one of his continuing series of “Trekzone Conversations, | The one-hour, fifteen-minute podcast was released December 17, 2018, produced by Miller as one of his continuing series of “Trekzone Conversations, | ||
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+ | <fs smaller> | ||
+ | </ | ||
[{{ :: | [{{ :: | ||
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=== 'For Profit' | === 'For Profit' | ||
- | " | + | " |
While he spent time attempting to frame the use of the term "for profit" | While he spent time attempting to frame the use of the term "for profit" | ||
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=== Donor Support of the Studio === | === Donor Support of the Studio === | ||
- | Lane's only other specific dispute with the article how it appeared to presume donors hadn't known their money was being diverted from // | + | Lane's only other specific dispute with the article |
However, that inaccuracy was conceded by Miller only with regard to his own knowledge of the Kickstarter campaign. AxaMonitor has never asserted the Kickstarter didn't include a reference to some funds being devoted to outfitting a studio in which to shoot //Axanar//. | However, that inaccuracy was conceded by Miller only with regard to his own knowledge of the Kickstarter campaign. AxaMonitor has never asserted the Kickstarter didn't include a reference to some funds being devoted to outfitting a studio in which to shoot //Axanar//. | ||
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While that article was delayed by Pedraza' | While that article was delayed by Pedraza' | ||
- | ==== The Lawsuit ==== | + | ===== The Lawsuit |
The first part of the Trekzone podcast was devoted to Lane's chronological retelling of the CBS/ | The first part of the Trekzone podcast was devoted to Lane's chronological retelling of the CBS/ | ||
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After reaching out to [[Winston & Strawn]], the law firm that went on to represent Axanar pro bono, Lane said Peters submitted a settlement offer, that in exchange for guidance spelling out what he could and could not do, he would make Axanar and give it to CBS for free, ostensibly imagining it could earn revenue for the studio. | After reaching out to [[Winston & Strawn]], the law firm that went on to represent Axanar pro bono, Lane said Peters submitted a settlement offer, that in exchange for guidance spelling out what he could and could not do, he would make Axanar and give it to CBS for free, ostensibly imagining it could earn revenue for the studio. | ||
- | === Settlement Offers === | + | ==== Settlement Offers |
That offer was rejected by CBS/ | That offer was rejected by CBS/ | ||
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- | * He had only 30 days to reply (not true: at the point Lane described, under federal rules, defendants have 21 days to respond to a suit; this was eventually extended but Peters didn't know that at the time); or | + | |
- | * He could simply fail to reply, which would guarantee a summary judgment against him (not true: the plaintiffs would have had to ask the judge for a //default judgment// against Axanar; such a ruling would not have been automatic). | + | * He could simply fail to reply, which would guarantee a summary judgment against him (not true: the plaintiffs would have had to ask the judge for a //default judgment// against Axanar; such a ruling would not have been automatic). |
</ | </ | ||
- | == 'Balls to the Wall' == | + | === 'Balls to the Wall' |
- | "The only option was to go through with it," | + | "The only option was to go through with it," |
Miller, himself a fan film producer, disputed Lane's notion, saying if had been told by Star Trek's owners to stop, he would simply stop. | Miller, himself a fan film producer, disputed Lane's notion, saying if had been told by Star Trek's owners to stop, he would simply stop. | ||
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Lane also disputed a claim by Pedraza that CBS had made an offer to Axanar in April 2016, saying the plaintiffs' | Lane also disputed a claim by Pedraza that CBS had made an offer to Axanar in April 2016, saying the plaintiffs' | ||
- | === A ' | + | ==== A ' |
- | But for Axanar, getting Winston to represent him "was a game-changer," | + | But for Axanar, getting Winston to represent him "was a game-changer," |
However, Axanar lost its fair use defense in early January 2017, according to a ruling by the judge in the copyright case, a finding Lane said offered Axanar chances for an appeal. | However, Axanar lost its fair use defense in early January 2017, according to a ruling by the judge in the copyright case, a finding Lane said offered Axanar chances for an appeal. | ||
- | === A Win === | + | ==== A Win ==== |
But just days before the scheduled trial, Peters essentially got what he wanted: permission to make //Axanar// and guidelines to which he had to adhere. "Alec got the win he wanted," | But just days before the scheduled trial, Peters essentially got what he wanted: permission to make //Axanar// and guidelines to which he had to adhere. "Alec got the win he wanted," | ||
- | Foremost among them, however, was his concession that the film would no longer be feature-length, | + | Foremost among them, however, was his concession that the film would no longer be feature-length, |
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+ | ===== Next Installment ===== | ||
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+ | Part 3 of the debate is due on December 19. {{: | ||
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+ | <WRAP tip 75%> | ||
+ | <wrap em> | ||
+ | Discuss this article in [[face> | ||
+ | </ | ||
+ | ---- | ||
+ | **Keywords** |