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jeremy-varner [2016/08/26 12:27] – Carlos Pedrazajeremy-varner [Unknown date] (current) – external edit (Unknown date) 127.0.0.1
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 {{::discovery-axanar.jpg|A scene from 'Prelude to Axanar'}} {{::discovery-axanar.jpg|A scene from 'Prelude to Axanar'}}
-{{TOC}} 
  
 ====== Discovery-Axanar Speculation Fuels Spurious Debate ====== ====== Discovery-Axanar Speculation Fuels Spurious Debate ======
 +{{TOC}}
  
 <WRAP left box 175px> <WRAP left box 175px>
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 Varner's August 15 piece observed that //Star Trek: Discovery// show runner [[imdb>name/nm0298188/|Bryan Fuller]] "accidentally confirmed why CBS sued Axanar,"(([[http://jeremyvarner.com/blog/2016/08/discovery-and-axanar/|"Discovery and Axanar," by Jeremy Varner]], jeremyvarner.com, 8/15/16.)) which proved sufficient to retweet and share across social media, drawing even more readers to Varner's website. Varner's August 15 piece observed that //Star Trek: Discovery// show runner [[imdb>name/nm0298188/|Bryan Fuller]] "accidentally confirmed why CBS sued Axanar,"(([[http://jeremyvarner.com/blog/2016/08/discovery-and-axanar/|"Discovery and Axanar," by Jeremy Varner]], jeremyvarner.com, 8/15/16.)) which proved sufficient to retweet and share across social media, drawing even more readers to Varner's website.
 +
 +<WRAP important>
 +[{{ ::false-discovery-axanar.jpg?direct&100|**Propaganda**}}]
 +<wrap lo><wrap em>UPDATE</wrap> On January 3, 2017, Axanar posted on its Facebook fan page a loosely sourced article Axanar used to support the unfounded claim that CBS had "stolen" the concept for //Star Trek: Discovery// from Axanar.</wrap>
 +</WRAP>
 +
 ===== Eureka! 'Discovery' Must be About Axanar ===== ===== Eureka! 'Discovery' Must be About Axanar =====
  
 [{{ ::uss-discovery.jpg?300|**USS DISCOVERY** appears in a teaser released by CBS at Comic-Con 2016.}}] [{{ ::uss-discovery.jpg?300|**USS DISCOVERY** appears in a teaser released by CBS at Comic-Con 2016.}}]
  
-There, Varner wrote, "Bryan Fuller started talking about what [//Discovery//] was going to be, and a lot of people had their 'Eureka' moment. … A lot of people started to connect the dots and see that maybe, just maybe, Axanar was a threat to the show,"(([[http://jeremyvarner.com/blog/2016/08/discovery-and-axanar/|"Discovery and Axanar," by Jeremy Varner]], jeremyvarner.com, 8/15/16.)) with Fuller's pending exploration of the time before the Original Series (just like //Axanar//), and of an event referred to in TOS (just like //Axanar//), to which Fuller's negative reply to whether the show would be about the [[mema>Earth-Romulan War|Romulan War]] had to mean the show would treat with some other major conflict, Varner speculated:+In his August piece, Varner wrote, "Bryan Fuller started talking about what [//Discovery//] was going to be, and a lot of people had their 'Eureka' moment. … A lot of people started to connect the dots and see that maybe, just maybe, Axanar was a threat to the show,"(([[http://jeremyvarner.com/blog/2016/08/discovery-and-axanar/|"Discovery and Axanar," by Jeremy Varner]], jeremyvarner.com, 8/15/16.)) with Fuller's pending exploration of the time before the Original Series (just like //Axanar//), and of an event referred to in TOS (just like //Axanar//), to which Fuller's negative reply to whether the show would be about the [[mema>Earth-Romulan War|Romulan War]] had to mean the show would treat with some other major conflict, Varner speculated:
  
 > The problem, really, is that there are very few events that happened between //Enterprise// and TOS which had any “discussion”. And, in fact, there were so few events worth talking about that even the interview above came down to “does it involve the [[mema>Battle of Axanar]]?”(([[http://jeremyvarner.com/blog/2016/08/discovery-and-axanar/|"Discovery and Axanar," by Jeremy Varner]], jeremyvarner.com, 8/15/16.)) > The problem, really, is that there are very few events that happened between //Enterprise// and TOS which had any “discussion”. And, in fact, there were so few events worth talking about that even the interview above came down to “does it involve the [[mema>Battle of Axanar]]?”(([[http://jeremyvarner.com/blog/2016/08/discovery-and-axanar/|"Discovery and Axanar," by Jeremy Varner]], jeremyvarner.com, 8/15/16.))
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 [{{ ::nicholas-meyer.jpg?nolink|Writer and director of //Wrath of Khan// and //Undiscovered Country//, **Nicholas Meyer**.}}] [{{ ::nicholas-meyer.jpg?nolink|Writer and director of //Wrath of Khan// and //Undiscovered Country//, **Nicholas Meyer**.}}]
  
-Meyer, hired as a writer and producer for //Discovery//, helmed both //[[imdb>title/tt0084726/|Star Trek II: The Wrath of Khan]]// (1982) and //[[imdb>title/tt0102975/?ref_=nv_sr_2|Star Trek VI: The Undiscovered Country]]// (1991), both considered among the best films in the franchise.+Meyer, hired as a writer and producer for //Discovery//, helmed both //[[imdb>title/tt0084726/|Star Trek II: The Wrath of Khan]]// (1982) and //[[imdb>title/tt0102975/?ref_=nv_sr_2|Star Trek VI: The Undiscovered Country]]// (1991), both considered among the finest films in the franchise.
  
 ===== Ignoring Axanar's Commercial Ventures ===== ===== Ignoring Axanar's Commercial Ventures =====
  
-Varner blithely lumped Axanar in with other fan productions ("… if no profit is being made and no contracts are being violated")(([[http://jeremyvarner.com/blog/2016/08/discovery-and-axanar/|"Discovery and Axanar," by Jeremy Varner]], jeremyvarner.com, 8/15/16.)) that had also crowdfunded. Varner ignored that CBS' August 2015 statement, and even its eventual legal complaint against Axanar didn't assert "profit" or crowdfunding as causes of action in the copyright infringement case. The suit does specifically allege Peters and his company of receiving a "[[direct financial benefit]]" from the Axanar project's copyright infringement — "trading off our property rights."(([[http://www.thewrap.com/how-1-1-million-star-trek-fan-movie-has-escaped-studio-shutdown-so-far/|"How $1.1 Million ‘Star Trek’ Fan Movie Has Escaped Studio Shutdown (So Far)"]], The Wrap, 8/25/15.)) Among those business ventures, Peters:+Varner blithely lumped Axanar in with other fan productions ("… so long as they aren’t making a profit and aren’t doing something that negatively impacts [the original] work")(([[http://jeremyvarner.com/blog/2016/07/star-treks-guidelines-cbs-paramounts-loss/|"Star Trek's Guidelines, CBS Paramount's Loss," by Jeremy Varner]], jeremyvarner.com, 7/6/16.)) that had also crowdfunded. Varner ignored that CBS' August 2015 statement, and even its eventual legal complaint against Axanar didn't assert "profit" or crowdfunding as causes of action in the copyright infringement case. The suit does specifically allege Peters and his company of receiving a "[[direct financial benefit]]" from the Axanar project's copyright infringement — "trading off our property rights."(([[http://www.thewrap.com/how-1-1-million-star-trek-fan-movie-has-escaped-studio-shutdown-so-far/|"How $1.1 Million ‘Star Trek’ Fan Movie Has Escaped Studio Shutdown (So Far)"]], The Wrap, 8/25/15.)) Among those business ventures, Peters:
   * Established Axanar Productions as a for-profit corporation in California. Look it up [[http://kepler.sos.ca.gov/|here]].   * Established Axanar Productions as a for-profit corporation in California. Look it up [[http://kepler.sos.ca.gov/|here]].
   * Used donor funds to build out a [[moving_the_goalposts|studio for commercial use]] beyond //Axanar//'s production.   * Used donor funds to build out a [[moving_the_goalposts|studio for commercial use]] beyond //Axanar//'s production.
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 Suing someone who's trying to make millions off your intellectual property strikes me as a more plausible reason to take them to court than doing so because you're "afraid" of the unproven quality of their fan film (remember, much of the team that had pulled off //Prelude// was gone). Suing someone who's trying to make millions off your intellectual property strikes me as a more plausible reason to take them to court than doing so because you're "afraid" of the unproven quality of their fan film (remember, much of the team that had pulled off //Prelude// was gone).
- 
 ===== The Legality of Fan Works ===== ===== The Legality of Fan Works =====