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+ | {{page> | ||
+ | <WRAP box> | ||
+ | {{: | ||
+ | <wrap lo> | ||
+ | </ | ||
+ | {{page> | ||
+ | |||
+ | ====== Lawsuit ====== | ||
+ | |||
+ | On December 29, 2015, [[CBS]] and [[Paramount Pictures]] filed a **lawsuit** in Federal District Court in California' | ||
+ | ===== The Players ===== | ||
+ | {{TOC}} | ||
+ | {{ : | ||
+ | |||
+ | ==== Plaintiffs ==== | ||
+ | * [[Paramount Pictures]] Corp. | ||
+ | * [[CBS]] Studios Inc. | ||
+ | |||
+ | === Plaintiffs' | ||
+ | {{ : | ||
+ | The studios are represented by [[Loeb & Loeb]], whose lead attorney is [[Jonathan Zavin]]. | ||
+ | |||
+ | ==== Defendants ==== | ||
+ | {{ : | ||
+ | * [[Axanar Productions]], | ||
+ | * [[Alec Peters]] | ||
+ | * [[Does]] 1-20 | ||
+ | |||
+ | === Defendants' | ||
+ | |||
+ | Axanar Productions and Alec Peters are both represented pro bono by [[Winston & Strawn]], whose lead attorney is [[Erin Ranahan]]. | ||
+ | |||
+ | |||
+ | ==== Judge ==== | ||
+ | The case was assigned to federal District Court [[Judge R. Gary Klausner]].(([[https:// | ||
+ | |||
+ | ===== Legal Complaint ===== | ||
+ | <WRAP round download> | ||
+ | On March 11, 2016, CBS and Paramount filed a more detailed, amended legal complaint, which is available for [[https:// | ||
+ | </ | ||
+ | |||
+ | <wrap lo>You can also read the original, | ||
+ | ==== Summary ==== | ||
+ | Here's a [[summary of the lawsuit]], identifying the players and what's at stake, minus the legal mumbo-jumbo. | ||
+ | |||
+ | ==== Pre-Trial Order ==== | ||
+ | [{{ : | ||
+ | <wrap lo>//See also: [[Joint statement]] and [[Scheduling conference]]//</ | ||
+ | |||
+ | On March 4, 2016, Judge Klausner issued a standard pre-trial order(({{:: | ||
+ | |||
+ | The statement outlined the two parties' | ||
+ | |||
+ | The [[motion to dismiss]] the case filed by the defense was denied by the judge following the May 9 conference. | ||
+ | |||
+ | ==== Axanar' | ||
+ | |||
+ | The filing of the [[summary_of_the_lawsuit|amended complaint]], | ||
+ | |||
+ | The original legal complaint gave the defendants 20 days to formally respond to the plaintiffs' | ||
+ | |||
+ | === Defendants' | ||
+ | |||
+ | Following two unsuccessful motions to dismiss the [[copyright infringement]] lawsuit against them, Axanar Productions and producer Alec Peters on May 23, 2016, filed a formal [[Answer]] to the legal complaint filed against them by CBS and Paramount Pictures. | ||
+ | |||
+ | The Answer included a [[answer# | ||
+ | |||
+ | === Motions to Dismiss === | ||
+ | |||
+ | Instead of an Answer, [[Winston & Strawn]] initially filed two [[motion to dismiss|Motions to Dismiss]] or strike parts of the legal complaint. The first was found moot by the judge after the plaintiffs filed an [[summary_of_the_lawsuit|amended complaint]]. The second, filed March 28, 2016, cites the plaintiffs': | ||
+ | |||
+ | * Insufficient and implausible citations of instances of copyright infringement. | ||
+ | * Attempt at censorship by halting production of //Axanar//. | ||
+ | * Inability to sue based on a film that has not yet been produced.(([[https:// | ||
+ | |||
+ | The plaintiffs [[dismissal_opposition|filed briefs]] opposing the second dismissal motion on April 11, arguing against all three points. | ||
+ | |||
+ | {{section> | ||
+ | |||
+ | While the motion did not specifically outline Axanar' | ||
+ | |||
+ | More hints about the emerging defense strategy appeared in the [[joint statement]] submitted May 2 by both sides to the judge. | ||
+ | |||
+ | == Amended Legal Complaint == | ||
+ | |||
+ | Despite both sides' agreement on a two-week continuance(([[http:// | ||
+ | |||
+ | Instead of arguing over the original dismissal motion, the plaintiffs opted to file an amended legal complaint on March 11. According to a defense {{: | ||
+ | |||
+ | === Axanar' | ||
+ | The amended legal complaint appeared to address the issues raised in the defense' | ||
+ | |||
+ | > As you know, Axanar Productions and Alec Peters filed a motion to dismiss the lawsuit filed against them by Paramount Pictures and CBS Studios on the grounds that the complaint was deficient in various respects. … We will have an opportunity to publicly respond to Plaintiffs’ amended complaint later this month by filing a responsive pleading (either a motion to dismiss or answer) with the court. We appreciate that supporters are understandably anxious to know what is going on. We ask for your patience while we work with our lawyers at Winston & Strawn to formulate a response. There' | ||
+ | |||
+ | On December 30, 2015, Axanar producer [[Alec Peters]] released a statement in response to the original complaint, expressing disappointment that CBS had not advised him of the filing prior to release to film industry press, but hoping for an eventual amicable settlement: | ||
+ | |||
+ | [{{ : | ||
+ | > I was disappointed to learn about this through an article in an industry trade. For several years, I' | ||
+ | |||
+ | In his statement upon filing the [[motion to dismiss]], Peters revealed that he made a settlement offer to CBS and Paramount when he learned the lawsuit was filed: | ||
+ | |||
+ | > Although our initial settlement offer made to CBS the day we received the original complaint was rejected, we look forward to the opportunity to work something out that can be mutually beneficial to all parties.(([[http:// | ||
+ | |||
+ | In his public statement at the time, though, Peters sought to portray the lawsuit as an affront to all Star Trek fans: | ||
+ | |||
+ | > It is the <wrap hi>Star Trek fans themselves who are most affected here</ | ||
+ | |||
+ | In a March 1 statement, Peters characterized the plaintiffs' | ||
+ | |||
+ | > Paramount/ | ||
+ | |||
+ | Following the March 11 filing of the plaintiff' | ||
+ | |||
+ | That's where the case stood until March 28's new dismissal motion, which asked for a hearing date considering the motion on May 9, the same day as the [[scheduling conference]]. | ||
+ | |||
+ | ---- | ||
+ | **Keywords** {{tag> |