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defense_summary-filing [2016/11/17 21:38] – posted Carlos Pedrazadefense_summary-filing [Unknown date] (current) – external edit (Unknown date) 127.0.0.1
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 +{{:arcanis-rubble-prelude.jpg|}} \\
 +<wrap lo><wrap lo>//Photo/Axanar Productions//</wrap></wrap>
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 ====== Axanar Wants Summary Judgment, Says Studios ’Squashing Creativity’ ====== ====== Axanar Wants Summary Judgment, Says Studios ’Squashing Creativity’ ======
 {{TOC}} {{TOC}}
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-//**__ __**// **By [[user>cpedraza|Carlos Pedraza]]**+//**__ __**// <wrap lo>**By [[user>cpedraza|Carlos Pedraza]]**</wrap>
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-In their own motion for [[summary judgment]], filed November 16, 2016, attorneys for //Axanar// producer [[Alec Peters]] produced evidence to support their longtime contentions that:+<wrap lo>//See also: [[summary_motions_filed|Plaintiffs Cite Peters' Shocking Personal Spending in Asking Judge for Summary Judgment]] and [[Summary judgment|Explaining Summary Judgment]]//</wrap> 
 + 
 +In their own motion for [[summary judgment]], also filed November 16, 2016, attorneys for //Axanar// producer [[Alec Peters]] produced evidence to support their longtime contentions that:
  
   * The copyright [[lawsuit]] brought by Star Trek's owners, [[CBS]] and [[paramount_pictures|Paramount Pictures]], is premature since //Axanar// has yet to be produced and is a "non-commercial film project."   * The copyright [[lawsuit]] brought by Star Trek's owners, [[CBS]] and [[paramount_pictures|Paramount Pictures]], is premature since //Axanar// has yet to be produced and is a "non-commercial film project."
   * None of Axanar's works are "substantially similar" to Star Trek.   * None of Axanar's works are "substantially similar" to Star Trek.
   * Axanar's works are protected by the [[fair use]] provisions of U.S. [[copyright_infringement|copyright]] law.((Defendants' Motion for Summary Judgment, Notice of Motion, 11/16/16.))   * Axanar's works are protected by the [[fair use]] provisions of U.S. [[copyright_infringement|copyright]] law.((Defendants' Motion for Summary Judgment, Notice of Motion, 11/16/16.))
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 +{{page>summary judgment box}}
  
 ===== Squashing Creativity ===== ===== Squashing Creativity =====
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 ==== 'Premature' Claim ==== ==== 'Premature' Claim ====
  
-The defendants' motion repeated an assertion made in the defense's [[motions to dismiss]], which was rejected months before by U.S. District Court [[Judge R. Gary Klasusner]], who will be the one ruling on the summary judgment motion and overseeing the trial if summary judgment fails to be granted.+The defendants' motion repeated an assertion made in the defense's [[motion_to_dismiss|Motions to Dismiss]], which was rejected months before by U.S. District Court [[Judge R. Gary Klausner]], who will be the one ruling on the summary judgment motion and overseeing the trial if summary judgment fails to be granted. 
 + 
 +=== 'Many Scripts' ===
  
 The defense claimed that because //Axanar// remained unproduced it shouldn't be liable for copyright infringement. Judge Klausner didn't buy that argument back in May: The defense claimed that because //Axanar// remained unproduced it shouldn't be liable for copyright infringement. Judge Klausner didn't buy that argument back in May:
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 As noted above, even performing the analysis cannot be done until the script is truly finalized, Ranahan claimed. That raised the question of whether CBS and Paramount had to purposefully allow infringement to occur — for which they've gathered a great deal of evidence — in order to be able to Peters for //Axanar//. As noted above, even performing the analysis cannot be done until the script is truly finalized, Ranahan claimed. That raised the question of whether CBS and Paramount had to purposefully allow infringement to occur — for which they've gathered a great deal of evidence — in order to be able to Peters for //Axanar//.
  
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 +//**__« None of Plaintiffs’ [Star Trek] works in this action are substantially similar to Defendants’ works. »__**// — //Axanar attorney Erin Ranahan//
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 ==== Fair Use ==== ==== Fair Use ====
  
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 === Transformative === === Transformative ===
  
-Ranahan asserted that //Prelude//'s short historical mockumentary style featuring first-person interview made it "especially unique and distinctive" from Star Trek, and allowed the defendants to "add critical commentary and analysis in order to highlight a comparison of concepts in the Star Trek universe to the present-day military industrial complex, thus serving a “completely different purpose” than the solely entertainment-focused Plaintiffs’ Works."((Defendants' Motion for Summary Judgment, Argument, Part C,  p. 16, 11/16/16.))+Ranahan asserted that //Prelude//'s short historical mockumentary style featuring first-person interview made it "especially unique and distinctive" from Star Trek, and allowed the defendants to "add critical commentary and analysis in order to highlight a comparison of concepts in the Star Trek universe to the present-day military industrial complex, thus serving a “completely different purpose than the solely entertainment-focused Plaintiffs’ Works."((Defendants' Motion for Summary Judgment, Argument, Part C,  p. 16, 11/16/16.))
  
 Dismissing Star Trek as "solely entertainment-focused" might come as a surprise to fans who have lauded the show for a half century for its famous social commentary. A Google search with the keywords "Star Trek social commentary" yields more than 759.000 results. Dismissing Star Trek as "solely entertainment-focused" might come as a surprise to fans who have lauded the show for a half century for its famous social commentary. A Google search with the keywords "Star Trek social commentary" yields more than 759.000 results.
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 === Nature of the Copyright Work === === Nature of the Copyright Work ===
  
-On this final factor, the defense asserted that since Axanar's works were non-commercial and transformative. Therefore, the fact that Star Trek is a creative work that under copyright law should be "less likely to support a claim of a fair use"(([[http://www.copyright.gov/fair-use/more-info.html|More Information on Fair Use, Copyright.gove]], retrieved 11/17/16.)) is "not particularly important."(Defendants' Motion for Summary Judgment, Argument, Part C,  p. 19, 11/16/16.))+On this final factor, the defense asserted that since Axanar's works were non-commercial and transformative. Therefore, the fact that Star Trek is a creative work that under copyright law should be "less likely to support a claim of a fair use"(([[http://www.copyright.gov/fair-use/more-info.html|More Information on Fair Use, Copyright.gov]], retrieved 11/17/16.)) is "not particularly important."((Defendants' Motion for Summary Judgment, Argument, Part C,  p. 19, 11/16/16.))
  
-{{:axamonitor-ico.gif?nolink|}}+===== Timetable for Motion ===== 
 + 
 +<WRAP> 
 +{{::summary-timeline-2.png?direct|Timeline for Summary Judgment}} \\ 
 +<wrap lo>**THIS TIMELINE** lays out the events regarding motions for summary judgment both sides submitted to U.S. District Court on November 16. <wrap lo>//Click the image to view full size.//</wrap></wrap> {{:axamonitor-ico.gif?nolink|}} 
 +</WRAP>
  
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-**Keywords** {{tag>lawsuit defendants parties plaintiffs players copyright}}+**Keywords** {{tag>lawsuit defendants parties plaintiffs players copyright summary_judgment}}