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axanar_debate_2 [2018/12/18 19:47] – Carlos Pedrazaaxanar_debate_2 [2018/12/31 14:42] (current) – [A 'Game-Changer'] Carlos Pedraza
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 //**__<wrap em>Analysis</wrap>__**// //**__<wrap em>Analysis</wrap>__**//
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 +<fs x-small>DECEMBER 18, 2018</fs>
  
 ====== 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,” and posted both on his website and on Lane’s [[http://fanfilmfactor.com|Fan Film Factor]] blog, which often serves as the news organ for Axanar and its producer, [[Alec Peters]]. The one-hour, fifteen-minute podcast was released December 17, 2018, produced by Miller as one of his continuing series of “Trekzone Conversations,” and posted both on his website and on Lane’s [[http://fanfilmfactor.com|Fan Film Factor]] blog, which often serves as the news organ for Axanar and its producer, [[Alec Peters]].
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 +<fs smaller>**//See also: [[axanar_debate_1|Opposing Bloggers Debate Impact and History of Axanar]]//**</fs>
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 [{{ ::miller_lane.jpg?350|**FACEOFF** In part 2 of their debate Trekzone's **Matt Miller** (left) squares off against Fan Film Factor's **Jonathan Lane**. <wrap indent><fs smaller>//Image/Trekzone//</fs></wrap>}}] [{{ ::miller_lane.jpg?350|**FACEOFF** In part 2 of their debate Trekzone's **Matt Miller** (left) squares off against Fan Film Factor's **Jonathan Lane**. <wrap indent><fs smaller>//Image/Trekzone//</fs></wrap>}}]
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 === 'For Profit' Studio === === 'For Profit' Studio ===
  
-"That's not necessarily not true," Lane claimed, 'but not the whole story." He criticized the description of the studio as "for profit," and claimed that "donors wanted to help build the studio," reminding Miller he had [[axanar_debate_1#up_front_with_donors|previously conceded]] donors had been duly informed about the studio funding during the Axanar Kickstarter campaign.+"That's not necessarily not true," Lane claimed, "but not the whole story." He criticized the description of the studio as "for profit," and claimed that "donors wanted to help build the studio," reminding Miller he had [[axanar_debate_1#up_front_with_donors|previously conceded]] donors had been duly informed about the studio funding during the Axanar Kickstarter campaign.
  
 While he spent time attempting to frame the use of the term "for profit" as AxaMonitor's attempt to skew readers' minds, Lane neglected the fact — presented in the AxaMonitor article — Peters himself in a March 2016 blog post had characterized the studio in that manner: While he spent time attempting to frame the use of the term "for profit" as AxaMonitor's attempt to skew readers' minds, Lane neglected the fact — presented in the AxaMonitor article — Peters himself in a March 2016 blog post had characterized the studio in that manner:
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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 //Axanar//'s actual production to building Peters' studio, an issue Lane had successfully debunked in the first podcast.+Lane's only other specific dispute with the article was how it appeared to presume donors hadn't known their money was being diverted from //Axanar//'s actual production to building Peters' studio, an issue Lane had successfully debunked in the first podcast.
  
 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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 That offer was rejected by CBS/Paramount with no counteroffer. Peters had only two options at that point, Lane said: That offer was rejected by CBS/Paramount with no counteroffer. Peters had only two options at that point, Lane said:
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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 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).
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 === 'Balls to the Wall' === === 'Balls to the Wall' ===
  
-"The only option was to go through with it," he said. "Alec had no choice. He had to go balls-to-the-wall on this."+"The only option was to go through with it," Lane said. "Alec had no choice. He had to go balls-to-the-wall on this."
  
 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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 ==== A 'Game-Changer' ==== ==== A 'Game-Changer' ====
  
-But for Axanar, getting Winston to represent him "was a game-changer," Lane said, enabling Peters to press a case he and his lawyers believed held hope: That Axanar had a case for under Fair Use provisions of copyright law. Peters refused the studios' offer and continued to press for a settlement that would allow some version of //Axanar// to be made, Lane said. +But for Axanar, getting Winston to represent him "was a game-changer," Lane said, enabling Peters to press a case he and his lawyers believed held hope: That //Axanar// could legally be produced under the Fair Use provisions of U.S. copyright law. Peters refused the studios' offer and continued to press for a settlement that would allow some version of //Axanar// to be made, Lane said. 
  
 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.
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 ===== Next Installment ===== ===== Next Installment =====
  
-Part 3 of the debate is due on December 19. {{page>footer}} {{tag>media lawsuit Jonathan_Lane Matt_Miller Trekzone Fan_Film_Factor Carlos_Pedraza AxaMonitor}}+Part 3 of the debate is due on December 19. {{:axamonitor-ico.gif?nolink|}} 
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 +<wrap em>COMMENTS</wrap> \\ 
 +Discuss this article in [[face>groups/axamonitor/permalink/543786182802900/|AxaMonitor's Facebook group]]. 
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 +---- 
 +**Keywords** {{tag>media lawsuit Jonathan_Lane Matt_Miller Trekzone Fan_Film_Factor Carlos_Pedraza AxaMonitor}}