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+ | {{:: | ||
+ | {{TOC}} | ||
+ | ====== Plaintiffs Answer Counterclaim ====== | ||
+ | //CBS, Paramount Say Their Lawsuit Isn't Over, Move on to Discovery// | ||
+ | {{page> | ||
+ | |||
+ | CBS and Paramount Pictures filed on June 15, 2016, their **Answer** to the counterclaim filed by Axanar' | ||
+ | |||
+ | In their Answer, the plaintiffs' | ||
+ | |||
+ | <WRAP right round download 50%> | ||
+ | **DOWNLOAD** the [[https:// | ||
+ | </ | ||
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+ | The answer was filed 21 days after the counterclaim was served on the plaintiffs by Axanar attorneys [[Winston & Strawn]], who have the opportunity to respond before the case was to continue into [[discovery]]. | ||
+ | |||
+ | === Counterclaim === | ||
+ | |||
+ | In their counterclaim, | ||
+ | * "A real and reasonable apprehension" | ||
+ | * Put //Axanar// on hold until the studios provide " | ||
+ | * Grounds for a declaratory judgment that //Prelude to Axanar//, the //Axanar// screenplays, | ||
+ | |||
+ | ==== Studios' | ||
+ | |||
+ | <WRAP right box 50%> | ||
+ | //**__With regard to its ‘uncertainty as to how Axanar may proceed with its film,’ the plaintiffs stated ‘their [legal] action remains pending. ’__**// — // | ||
+ | </ | ||
+ | |||
+ | In their eight-page response, CBS and Paramount generally denied Axanar' | ||
+ | |||
+ | > [Plaintiffs] admit that they have not sued with respect to all uses of the Star Trek Copyrighted Works, but deny that they have not previously sued to enforce their intellectual property rights in the Star Trek Copyrighted Works.((Paramount Pictures Corp. and CBS Studios Inc.'s Answer to Counterclaim, | ||
+ | |||
+ | === Tolerated Use === | ||
+ | |||
+ | The plaintiffs disputed Peters' | ||
+ | |||
+ | > [The plaintiffs] deny that Defendant Alec Peters “reached out to CBS” on multiple occasions, admit that Defendant Alec Peters spoke to [[[CBS officials]]] Bill Burke and to John Van Citters, but state that Mr. Peters was never given permission to use Star Trek Copyrighted Works, nor was he provided with “guidelines” regarding ways in which he could use Plaintiffs’ intellectual property for his Star Trek film projects, for either commercial or non-commercial use, nor was he told that his use of such Star Trek Copyrighted Works would be tolerated.((Paramount Pictures Corp. and CBS Studios Inc.'s Answer to Counterclaim, | ||
+ | |||
+ | [{{ : | ||
+ | |||
+ | The studios also denied Peters' | ||
+ | |||
+ | Instead, the plaintiffs denied that they did not " | ||
+ | |||
+ | == Overstatement == | ||
+ | |||
+ | In the counterclaim, | ||
+ | |||
+ | [{{ : | ||
+ | |||
+ | Instead, the plaintiffs minimized their experience with Peters: "[We] admit that CBS Consumer Products Inc. worked in the past in a limited capacity with a company with which Alec Peters was involved," | ||
+ | |||
+ | === Abrams-Lin Intercession === | ||
+ | |||
+ | On May 20, 2016, Star Trek producer Abrams claimed the case was "going away … within the next few weeks," | ||
+ | |||
+ | Instead, the plaintiffs stated that while Abrams' | ||
+ | |||
+ | With regard to its " | ||
+ | |||
+ | ==== Relief ===== | ||
+ | |||
+ | Axanar also sought the following as relief from the court: | ||
+ | * Declaration that the Axanar works do not infringe on Star Trek copyrights. | ||
+ | * Defendants' | ||
+ | * Additional relief the court finds “just, proper, and equitable.”((Answer of Defendants … to Plaintiffs' | ||
+ | |||
+ | In reply, the plaintiffs generally denied Axanar' | ||
+ | |||
+ | ===== Next Steps ===== | ||
+ | |||
+ | Axanar' | ||
+ | |||
+ | In the meantime, settlement talks are said to be continuing between the parties. If successfully concluded, the two sides could each drop their complaint and counterclaim. Otherwise, the case continues [[anatomy_of_the_case|on its schedule]] toward trial in January 2017. {{: | ||
+ | |||
+ | |||
+ | ---- | ||
+ | **Keywords** {{tag> |