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+ | ====== Axanar Seeks to Exclude Major Evidence, Witnesses ====== | ||
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+ | {{TOC}} | ||
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+ | //**__ __**// <wrap lo>**By [[user> | ||
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+ | <wrap lo>See also: // | ||
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+ | Attorneys filed motions December 16, 2016, seeking to exclude evidence from Axanar’s upcoming copyright infringement trial. The defense, as expected, challenged the admissibility of defendant [[Alec Peters]]’ damning financial records, | ||
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+ | Meanwhile, the plaintiffs sought to exclude testimony from Star Trek directors J.J. Abrams and Justin Lin. | ||
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+ | [{{ :: | ||
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+ | December 16 was designated by federal [[judge_r._gary_klausner|Judge R. Gary Klausner]] as the deadline for attorneys for both Axanar and the studios suing Peters to submit motions to exclude evidence from the upcoming trial. | ||
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+ | ===== Evidence to Keep from Jury ===== | ||
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+ | Among the motions filed, the parties sought to exclude the following evidence: | ||
+ | * **FINANCIALS** Plaintiffs [[CBS]] and [[paramount_pictures|Paramount Pictures]] wanted to exclude the financial statements for Axanar that Peters had altered to delete [[summary_fact_check|personal expenses]] included in an earlier set of records. | ||
+ | * **SCRIPTS** The studios wanted to exclude scripts Peters had revised after the lawsuit was filed in December 2016, as well as excluding testimony from witnesses discussing [[defense_summary-filing# | ||
+ | * **ABRAMS AND LIN** CBS and Paramount sought to exclude all testimony and public statements made by Star Trek producer [[discovery_order# | ||
+ | * **FAN FILM BLOGGER** The studios also wanted to disallow testimony from Axanar surrogate Jonathan Lane as an expert witness on fan films. Lane publishes the pro-Axanar Fan Film Factor blog. [{{ :: | ||
+ | * **FAN FILMS** Paramount and CBS also wanted to exclude testimony and documents regarding Star Trek fan films, particularly the the [[guidelines-podcast|fan film guidelines]] because they contend Axanar by its own admission was a fully professional, | ||
+ | * **GARTH NOVEL, ROLE-PLAYING GAME** Axanar wanted to prevent the studios from claiming copyright infringement on any Star Trek works not identified in the plaintiffs' | ||
+ | * **PERSONAL DRAMA** Citing "" | ||
+ | * **MORE SCRIPTS** Axanar wanted to " | ||
+ | * **MORE FINANCIALS** The defense also asked the court to disallow any mention of the financial information of " | ||
+ | * **THE NAME 'STAR TREK' | ||
+ | * **EXPERT FINANCIAL WITNESS** The studios wanted to exclude the testimony of Axanar' | ||
+ | * **AXANAR' | ||
+ | * **EXPERT MEDIA WITNESS** CBS and Paramount sought to exclude expert testimony of academic [[https:// | ||
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+ | ===== How Evidence was Gathered ===== | ||
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+ | Both sides gathered a great deal of potential evidence as part of the [[discovery]] process in the case, some of which has already been submitted to the court as part of both sides' request from the judge to issue a [[summary judgment]] in their favor to avoid or limit the scope of the trial [[anatomy_of_the_case|scheduled]] to begin January 31, 2017. | ||
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+ | Under terms of a [[protective order]], both sides designated certain sensitive information as confidential, | ||
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+ | <WRAP right round box 50%> | ||
+ | //**__« These documents lack any relevance to this case. … Defendants fully intend to seek to exclude these expenditures before trial. »__**// — //Axanar attorney Erin Ranahan// | ||
+ | </ | ||
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+ | ===== Axanar' | ||
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+ | In its motion for [[summary_motions_filed|partial summary judgment]], plaintiffs [[CBS]] and [[paramount_pictures|Paramount Pictures]] asserted Peters and his colleagues collected and spent more than $1.4 million raised from Star Trek fans to pay themselves, actors, and crew members, while renting out a studio (which Peters is operating as a commercial enterprise), | ||
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+ | The studios' | ||
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+ | Ranahan denied the two different sets of financial records Peters turned over were embarrassing, | ||
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+ | [{{ :: | ||
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+ | > Despite Defendants’ position that these documents lack any relevance to this case, Defendants produced the financial information they had available at the time in an effort to be cooperative and avoid wasting the Court’s time on discovery disputes. <wrap hi> | ||
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+ | ==== Axanar Goes on the Defensive ==== | ||
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+ | Notwithstanding Ranahan' | ||
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+ | <wrap lo>See also: // | ||
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+ | Following those public revelations, | ||
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+ | However, Peters continued to avoid producing records substantiating the $150,000 claim; indeed, his expert witnesses financial statement failed to show income coming from Peters himself. | ||
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+ | ==== The Transparency Selling Point ==== | ||
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+ | Indeed, Peters' | ||
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+ | > Anyone who wants to see my financials or receipts because he doubts the numbers we publish is more than welcome to do so. If you knew anything about the movie business, you could tell that the numbers are pretty damn good. Of course, I will then expect a full public statement by you about their accuracy and you can buy me dinner and drinks for wasting my time with your conspiracy theory. And do tell me what other Kickstarter movie published THEIR numbers? So you already are getting more transparency than any other Kickstarter that I know of.(([[http:// | ||
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+ | [{{ :: | ||
+ | ===== What Happens Next? ===== | ||
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+ | <wrap lo>See also: // | ||
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+ | The December 16 motions to exclude evidence begin a new round of pleadings, with attorneys expected to file their objections to opposing counsel' | ||
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+ | The judge was expected to rule on the admissibility of evidence by the time the trial was slated to begin January 31. {{: | ||
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+ | ---- | ||
+ | **Keywords** {{tag> |