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klingon_language_copyright [2017/01/05 21:03]
Carlos Pedraza [Language Creation Society]
klingon_language_copyright [2009/05/26 00:24] (current)
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 Klausner ruled the language issue was beside the point; Paramount'​s claim that Axanar was using Klingon was only part of a larger test to determine whether Axanar'​s use of many Star Trek elements, some of which might individually not qualify for copyright protection, was substantially similar //in total// to Star Trek. Klausner ruled the language issue was beside the point; Paramount'​s claim that Axanar was using Klingon was only part of a larger test to determine whether Axanar'​s use of many Star Trek elements, some of which might individually not qualify for copyright protection, was substantially similar //in total// to Star Trek.
  
-The same reasoning appeared to be behind Klausner'​s January 5 order, after having [[fair_use_denied|determined]] Axanar indeed qualified under an extrinsic, objective test to have infringed on Star Trek. {{:​axamonitor-ico.gif?​nolink|}}+The same reasoning appeared to be behind Klausner'​s January 5 order, after having [[fair_use_denied|determined]] Axanar indeed qualified under an extrinsic, objective test to have infringed on Star Trek.  
 + 
 +=== Disputing Copyright Claim === 
 + 
 +In its reply to the judge'​s ruling, the society said in a statement posted on its website: 
 + 
 +> Paramount went beyond mere similarity by claiming copyright over the Klingon language. In doing so, they went too far, and claimed something that didn’t — couldn’t — belong to them: an entire language.(([[http://​conlang.org/​axanar/​|January 8, 2017 LCS statement re progression of case]], Language Creation Society website, 1/8/17.)) 
 + 
 +While acknowledging the judge'​s finding that the Klingon language issue was "​neither central nor dispositive to the case … Paramount chose to make it part of the case — and that required a response,"​ according to the statement. 
 + 
 +=== Paramount '​Backing Down' === 
 + 
 +The statement went on to characterize the studios'​ position as "​backing down" from its original assertion that it owns the copyright to the language, a position many legal scholars believe is unsupported by copyright law: 
 + 
 +> The Court seemed persuaded by our position, writing that the Klingon language “may not be individually original and copyright protectable”. In its recent response to Axanar’s motion that the jury not be told about Klingon, [[https://​drive.google.com/​open?​id=0BzmetJxi-p0VRl9PX2V0Y0phRHc|Paramount backed down]] further, acknowledging the court’s skepticism and seeking only to use Klingon to show one of many alleged similar elements. {{:​axamonitor-ico.gif?​nolink|}}
  
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 **Keywords** {{tag>​lawsuit copyright}} **Keywords** {{tag>​lawsuit copyright}}