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compel_discovery [2016/09/30 05:03] – [Other Issues] adds photo Carlos Pedraza | compel_discovery [Unknown date] (current) – external edit (Unknown date) 127.0.0.1 | ||
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</ | </ | ||
- | <wrap lo>//See also: [[discovery|Discovery]] and [[protective_order|Protective Order]]//</ | + | <wrap lo>//See also: [[discovery_order|Court Orders Studios to Turn Over Documents]] and [[protective_order|Protective Order]]//</ |
- | Axanar' | + | Axanar' |
- | In a 62-page joint filing September 29, 2016, the two sides asked for an October 21 hearing before | + | In a 62-page joint filing September 29, 2016, the two sides asked for an [[discovery_order|October 21 hearing]] before |
===== Evidence for the Defense ===== | ===== Evidence for the Defense ===== | ||
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* The 50-year chain of title for Star Trek's copyrights may have broken links imperiling the studios' | * The 50-year chain of title for Star Trek's copyrights may have broken links imperiling the studios' | ||
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- | {{ ::ledger.jpg?300|Ledger}} | + | {{ :gandtshow.jpg?nolink& |
+ | <wrap lo> | ||
+ | </ | ||
==== The Role of Financial Records ==== | ==== The Role of Financial Records ==== | ||
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==== Plaintiffs' | ==== Plaintiffs' | ||
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+ | </ | ||
Ranahan, of [[Winston & Strawn]], complained her counterparts at [[Loeb & Loeb]], the plaintiffs' | Ranahan, of [[Winston & Strawn]], complained her counterparts at [[Loeb & Loeb]], the plaintiffs' | ||
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Moreover, the trade secrets, private and proprietary information, | Moreover, the trade secrets, private and proprietary information, | ||
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+ | {{page> | ||
===== ' | ===== ' | ||
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CBS and Paramount attorneys also pointed to "the commercial nature of [Axanar' | CBS and Paramount attorneys also pointed to "the commercial nature of [Axanar' | ||
- | * Use of " | + | * Use of " |
* Accepting donations that resulted in providing perks that included infringing Star Trek-branded merchandise. | * Accepting donations that resulted in providing perks that included infringing Star Trek-branded merchandise. | ||
* Paying " | * Paying " | ||
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The defense asserted throughout its motion that Star Trek creator Gene Roddenberry had originally owned the copyright. By all accounts, Roddenberry never possessed the copyright; he created Star Trek as a work-for-hire under Desilu Productions, | The defense asserted throughout its motion that Star Trek creator Gene Roddenberry had originally owned the copyright. By all accounts, Roddenberry never possessed the copyright; he created Star Trek as a work-for-hire under Desilu Productions, | ||
+ | ==== Undisclosed Proceeds ==== | ||
+ | |||
+ | Now in possession of an [[guidelines-podcast|audit]] of Axanar' | ||
==== Another View of Market Harm ==== | ==== Another View of Market Harm ==== | ||
The defense spent a great deal of time describing the many and varied ways it wanted to assess whether Axanar had or would cause any harm to the market for Star Trek. The plaintiffs, however, pointed out that financial records aren't the only way to assess harm: | The defense spent a great deal of time describing the many and varied ways it wanted to assess whether Axanar had or would cause any harm to the market for Star Trek. The plaintiffs, however, pointed out that financial records aren't the only way to assess harm: | ||
+ | |||
+ | [{{ : | ||
> To the extent that Defendants are asserting that this [financial] information is relevant to the market harm element of the fair use analysis, this is not an accurate statement of law. As the Supreme Court held in Harper & Row, Publrs. v. Nation Enters. … for the plaintiff to negate the element of market harm, it “need[s to] only show that <wrap hi>if the challenged use should become widespread, it would adversely affect the potential market</ | > To the extent that Defendants are asserting that this [financial] information is relevant to the market harm element of the fair use analysis, this is not an accurate statement of law. As the Supreme Court held in Harper & Row, Publrs. v. Nation Enters. … for the plaintiff to negate the element of market harm, it “need[s to] only show that <wrap hi>if the challenged use should become widespread, it would adversely affect the potential market</ | ||
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</ | </ | ||
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The defense also asked for documents relating to CBS' relationship with fan films, especially whether it ever issued takedown notices for //Star Trek: Hidden Frontier, Starship Exeter, Bring Back Kirk, Star Trek: New Voyages / Star Trek: Phase II, Star Wreck: In the Pirkinning, Star Trek in Lego, Star Trek: Aurora, Star Trek: Of Gods and Men, Starship Farragut, Star Trek: The Next Animation, Dan Hauser’s Animated Star Trek, Star Trek: Phoenix, Star Trek Continues, Star Trek: Specter, Star Trek II: Retribution, | The defense also asked for documents relating to CBS' relationship with fan films, especially whether it ever issued takedown notices for //Star Trek: Hidden Frontier, Starship Exeter, Bring Back Kirk, Star Trek: New Voyages / Star Trek: Phase II, Star Wreck: In the Pirkinning, Star Trek in Lego, Star Trek: Aurora, Star Trek: Of Gods and Men, Starship Farragut, Star Trek: The Next Animation, Dan Hauser’s Animated Star Trek, Star Trek: Phoenix, Star Trek Continues, Star Trek: Specter, Star Trek II: Retribution, | ||
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- | //**__« Defendants’ counsel’s repeated misrepresentation of ‘Axanar’ as a fan film is contrary to their client’s own statements. »__**// — //Attorneys for CBS, Paramount// | ||
- | </ | ||
=== Copyright Enforcement === | === Copyright Enforcement === | ||
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The defense also asked for documents and communications about whether to take down either //Prelude to Axanar// or the " | The defense also asked for documents and communications about whether to take down either //Prelude to Axanar// or the " | ||
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+ | //**__« Defendants’ counsel’s repeated misrepresentation of ‘Axanar’ as a fan film is contrary to their client’s own statements. »__**// — //Attorneys for CBS, Paramount// | ||
+ | </ | ||
=== Selective Enforcement === | === Selective Enforcement === | ||
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=== Star Wars Fan Films === | === Star Wars Fan Films === | ||
- | Curiously, the motion includes a request related to Star Wars fan productions, | + | Curiously, the motion includes a request related to Star Wars fan productions, |
==== Missing Titles ==== | ==== Missing Titles ==== |