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 +====== Endgame II: The Settlement ======
 +
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 +<wrap lo>**Editor's Note**: //Hollywood producer Lukas Kendall posted an essay on TrekBBS in April whose summary on// **AxaMonitor** //became one of our most popular opinion pieces. "[[endgame|Endgame]]" examined the constraints preventing quick resolution of the Axanar copyright lawsuit — constraints, he writes in this latest essay, that continue to bedevil efforts to resolve the case.//</wrap>
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 +//**__Commentary__**// \\
 +{{:lukas-kendall.jpg?nolink&60|}} \\
 +<wrap lo>**By [[imdb>name/nm0447620/|Lukas Kendall]]** \\
 +**AxaMonitor** contributor \\
 +November 5, 2016</wrap>
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 +
 +"**FOLLOW THE** money," said Deep Throat.
 +
 +Actually, not really. Deep Throat never said that. William Goldman said that — he made it up as dialog for the [[wp>Deep_Throat_(Watergate)|movie]]. But it stuck. Among other things, it's often accurate. Follow the money, you find the truth.
 +
 +Why didn't we see a [[settlement_conference|settlement]] Friday? I think, in this rare instance, we should take Axanar producer [[Alec Peters]] at his word: he could not make a version of Axanar that [[settlement_conference|pleases the donors]] under the terms offered by [[CBS]] and [[paramount_pictures|Paramount]].
 +
 +What are those terms? CBS doesn't want money. They don't care about the [[industry_studios|studio]] (built with donor funds). They are protecting their [[copyright_infringement|copyright]]. They would allow a version of Axanar to be made under the [[cbs_guidelines|fan film guidelines]]. They might (conjecture on my part, no sources) even extend a few courtesies like allowing professional talent or a longer run time to get this nightmare out of their lives.
 +
 +[{{ :axanar-accounting.jpg?300|**BROKE?** As Axanar's lawyers try to keep its financial records away from the public view, recent reports indicate Axanar is out of money.}}]
 +
 +==== Axanar's Real Problem ====
 +
 +But they are not going to allow any more public fundraising. Would you? He's already raised $1.3 million — that's more than enough.
 +
 +The real problem is that Alec is out of money.
 +
 +Because he was stupid and ignored advice, and sunk his money into an albatross of a studio on the megalomaniacal idea that he would be allowed to produce [[merchandise|bootleg]] Star Trek, indefinitely, with professional talent under the studios' noses in Los Angeles.
 +
 +I mean, people don't jump off of buildings for a reason — you won't fly, you'll kill yourself!
 +
 +=== Breaking Down the Budget ===
 +
 +The first, [[prelude_kickstarter_details|$100,000+ Kickstarter]] was spent making //Prelude to Axanar//. The second, [[axanar_kickstarter_details|$638,000+ Kickstarter]] went into overhead (see **AxaMonitor**'s analysis of Axanar's [[Annual Report]]).
 +
 +That leaves the [[axanar_indiegogo_details|$575,000+ Indiegogo]] campaign. Take away 10 percent to Indiegogo. Take away 2016's rent of $15,000 a month to date. It's down to $300-400K — probably far less.
 +
 +[{{ ::klingon-tobias-richter-vfx.jpg?350|**HIGH QUALITY** visual effects by Tobias Richter soaked up a significant amount of //Axanar//'s budget. <wrap lo>//Graphic/Axanar Productions//</wrap>}}]
 +
 +They've continued to sink money into the studio but, for inexplicable reasons, have yet to rent it out (probably because it still needs [[industry_studios#finishing the studio|more work]] before it's up to code and professional standards).
 +
 +Just look at the categories in the 2015 Annual Report: insurance, phones, perks, shipping—and the ones that are basically Peters' lifestyle slush fund (convention expenses, auto, travel).
 +
 +Even though his lawyers are pro bono, the lawsuit has hard costs that have to be paid (e.g., depositions, transcriptions, subpoena services, travel).
 +
 +We know that a ton of the Tobias Richter VFX work was already completed. Was he paid? How much?
 +The short of it is: I would not be surprised if they are quite literally out of money. Or have $100K at most left to make anything.
 +
 +==== Calling Axanar's Bluff ====
 +
 +So CBS would basically be calling Alec's bluff to let him proceed with making a limited version of Axanar...because he can't even afford to do that.
 +
 +[{{ :garth-v-garth.jpg?350|**GARTH VS. GARTH** Alec Peters as Garth of Izar (left), and Garth as portrayed in the TOS episode, "Whom Gods Destroy," as originally portrayed by Steve Ihnat.}}]
 +
 +And if he did, even though he would get to play Garth (which he is desperate to do, despite the fact he sucks and his own people consider him a horrible actor) it would be so embarrassingly bad he would be a laughing stock and a pariah.
 +
 +Plus CBS would not allow him to make a documentary about himself. A good documentary actually could be profitable, a la //Trekkies// or //The Death of Superman Lives//.
 +
 +===== Ego Trip =====
 +
 +I do not believe Axanar was ever a moneymaking venture. I do believe it was a massive creative ego trip, and the money was incidental. So I do not doubt Alec's sincerity about making the movie.
 +
 +But we also have enough of a track record on him and his shenanigans (like the [[https://businessbankruptcies.com/cases/propworx-inc|bankruptcy]] of his company, Propworx) that //he// will follow the money.
 +
 +===== New Prediction =====
 +
 +And for me his play financially is to:
 +  - Try the Hail Mary pass of winning the lawsuit, to make Axanar as a [[fair use]] "mockumentary" and fulfill his dream of making bootleg Star Trek indefinitely (won't work, but worth a shot). When this fails (maybe after [[http://axamonitor.com/doku.php?id=peters_second_life|appeal]], dragging it out at least another year):
 +  - Liquidate the studio — just walk away. 
 +  - Make a documentary about himself.
 +
 +So that's my new prediction.
 +
 +Really pathetic, and I feel so sorry for the donors who were swindled, and the people at CBS and Paramount who have to spend time on this instead of making //actual// Star Trek that we would all enjoy. {{:axamonitor-ico.gif?nolink|}}
 +
 +----
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 +<wrap lo>**[[imdb>name/nm0447620/|Lukas Kendall]]** is an award-winning producer and actor, known for //Lucky Bastard// (2014), //Basil Poledouris: His Life and Music// (1997), in addition to //Free Enterprise//, in which he is credited for providing additional voices. He is also known as the editor and publisher of the film music appreciation newsletter and website, [[http://filmsscoremonthly.com|Film Score Monthly]]. \\ \\ His Star Trek credentials include producing most of the recent collector’s edition soundtrack CDs, including the 15-disc La-La Land Records TOS box set. He also assisted with the publication of "Return to Tomorrow," the oral history of //Star Trek: The Motion Picture//. In 2015, he wrote a seminal essay for TrekMovie.com, "[[http://trekmovie.com/2015/01/11/editorial-the-future-of-star-trek-its-the-story-stupid/|The Future of Star Trek: It’s the Story, Stupid]]," examining the franchise's fundamental appeal and the reasons why J.J. Abrams' Star Trek reboot is so polarizing.((Some of Kendall's biographical information adapted from [[http://trekmovie.com/2015/01/11/editorial-the-future-of-star-trek-its-the-story-stupid/|TrekMovie.com]].))</wrap>
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 +----
 +**Keywords** {{tag>commentary opinion lawsuit players defendants plaintiffs news}}