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podcast-40-fact-check [2016/09/28 08:18] – Carlos Pedrazapodcast-40-fact-check [2017/06/04 19:05] (current) – [Fan Film Guidelines] Carlos Pedraza
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 +{{::starbase-one.jpg|}} \\
 +<wrap lo>//Photo/Axanar Productions//</wrap>
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 +{{TOC}}
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 //**__<wrap em>Fact Check</wrap>__**// //**__<wrap em>Fact Check</wrap>__**//
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 //**__True or False?__**// //**__True or False?__**//
  
-<wrap em>PARTLY TRUE</wrap> **The Depositions**. Showing up to 'talk about some stuff' oversimplifies both the nature of a deposition and the likely contents of the subpoenas Peters and Hunt were served. A deposition is a serious, often confrontational affair, like testifying in court. Deponents testify under oath, and everything is documented on video and by a court reporter. As **AxaMonitor** has reported, the subpoenas served on former Axanar chief technologist [[mcintosh_subpoena|Terry McIntosh]] and //Prelude// director [[gossett-subpoena|Christian Gossett]] were 17-page long documents which went into great detail regarding the documents deponents must produce and topics they were likely to be questioned about. It's likely Hunt's and Peters' subpoenas were similarly detailed.+<wrap em>PARTLY TRUE</wrap> **The Depositions**. Showing up to 'talk about some stuff' oversimplifies both the nature of a deposition and the likely contents of the subpoenas Peters and Hunt were served. A deposition is a serious, often confrontational affair, like testifying in court. Deponents testify under oath, and everything is documented on video and by a court reporter. As **AxaMonitor** has reported, the subpoenas served on former Axanar chief technologist [[mcintosh_subpoena|Terry McIntosh]] and //Prelude// director [[gossett-subpoena|Christian Gossett]] were [[mcintosh_subpoena|17-page long]] documents which went into great detail regarding the documents deponents must produce and topics they were likely to be questioned about. It's likely Hunt's and Peters' subpoenas were similarly detailed.
  
 <wrap em>TRUE</wrap> **Stipulating Star Trek**. Gossett's and McIntosh's subpoenas also included a request for pre-existing writings or audio-visual works upon which any part of //Axanar// is based, or from which any of the Axanar Works arose. Peters' stipulation that "Axanar is Star Trek" syncs with his emerging [[answer|defense theory]] — that Axanar does copy Star Trek elements but that the unauthorized copying falls under copyright law's [[fair use]]. <wrap em>TRUE</wrap> **Stipulating Star Trek**. Gossett's and McIntosh's subpoenas also included a request for pre-existing writings or audio-visual works upon which any part of //Axanar// is based, or from which any of the Axanar Works arose. Peters' stipulation that "Axanar is Star Trek" syncs with his emerging [[answer|defense theory]] — that Axanar does copy Star Trek elements but that the unauthorized copying falls under copyright law's [[fair use]].
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 > **Mission creep** is the expansion of a project or mission beyond its original goals, often after initial successes. Mission creep is usually considered undesirable due to the <wrap hi>dangerous path of each success breeding more ambitious attempts</wrap>, only stopping when a final, often catastrophic, failure occurs.(([[wp>Mission_creep|Mission creep, Wikipedia]], retrieved 9/28/16.)) > **Mission creep** is the expansion of a project or mission beyond its original goals, often after initial successes. Mission creep is usually considered undesirable due to the <wrap hi>dangerous path of each success breeding more ambitious attempts</wrap>, only stopping when a final, often catastrophic, failure occurs.(([[wp>Mission_creep|Mission creep, Wikipedia]], retrieved 9/28/16.))
  
-[{{ :gossett-sm.jpg?200|**[[yout>H-s-CDkR6co|IN THIS INTERVIEW]]**, //Prelude// director **Christian Gossett** disputes Alec Peters' account that Gossett wanted to build a studio from scratch instead of renting.}}]+[{{ :gossett-sm.jpg?150|**[[yout>H-s-CDkR6co|IN THIS INTERVIEW]]**, //Prelude// director **Christian Gossett** disputes Alec Peters' account that Gossett wanted to build a studio from scratch instead of renting.}}]
  
 <wrap em>MOSTLY FALSE</wrap> **Building a Studio**. Peters lays the decision to build out a studio completely at the feet of //Prelude// director Gossett, who was set to direct //Axanar// but resigned in May 2015 over his concerns about Peters' management of the budget and personnel. Gossett himself has disputed the narrative that it was his decision to build a studio. His concern about the sets in rural upstate New York was that the region didn't offer the necessary infrastructure to support the full-fledged production anticipated for //Axanar//. \\ \\ At the time, the desire for Axanar's own studio — viewed as a potential income source — was Peters' alone, said Gossett, who pleaded with Peters to temporarily rent studio space in Los Angeles for the few months required to produce //Axanar//, instead of committing to the three-year, quarter-million dollar lease to build Peters' commercial venture, [[Industry Studios]]. The time and money required to convert a warehouse into a soundstage [[annual_report#first_commercial_hint|blew past Peters' budget]] and delayed shooting //Axanar// by almost two years.(({{:axanar-annual-report-v2.pdf|Axanar Annual Report 2015, Revised}}, p. 8, 12/15/15.)) <wrap em>MOSTLY FALSE</wrap> **Building a Studio**. Peters lays the decision to build out a studio completely at the feet of //Prelude// director Gossett, who was set to direct //Axanar// but resigned in May 2015 over his concerns about Peters' management of the budget and personnel. Gossett himself has disputed the narrative that it was his decision to build a studio. His concern about the sets in rural upstate New York was that the region didn't offer the necessary infrastructure to support the full-fledged production anticipated for //Axanar//. \\ \\ At the time, the desire for Axanar's own studio — viewed as a potential income source — was Peters' alone, said Gossett, who pleaded with Peters to temporarily rent studio space in Los Angeles for the few months required to produce //Axanar//, instead of committing to the three-year, quarter-million dollar lease to build Peters' commercial venture, [[Industry Studios]]. The time and money required to convert a warehouse into a soundstage [[annual_report#first_commercial_hint|blew past Peters' budget]] and delayed shooting //Axanar// by almost two years.(({{:axanar-annual-report-v2.pdf|Axanar Annual Report 2015, Revised}}, p. 8, 12/15/15.))
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 Axanar critics often say, "You stepped over the line?" Peters said. "What was the line? No one knows what the line is. They [CBS] wouldn't tell us." Axanar critics often say, "You stepped over the line?" Peters said. "What was the line? No one knows what the line is. They [CBS] wouldn't tell us."
  
-Peters said he couldn't imagine why CBS chose to sue Axanar over other fan films. "The diff between what Axanar raised [$1.2 million] and what [//Star Trek://] //Renegades// raised, $800,000, is minor. This is not the deciding factor. Yes, we raised more than everyone else but we didn't do anything that anyone else hasn't done before. We just did it differently, with a little more panache, if you will."+Peters said he couldn't imagine why CBS chose to sue Axanar over other fan films. "The difference between what Axanar raised [$1.2 million] and what [//Star Trek://] //Renegades// raised, $800,000, is minor. This is not the deciding factor. Yes, we raised more than everyone else but we didn't do anything that anyone else hasn't done before. We just did it differently, with a little more panache, if you will."
  
 Peters said Spock actor Leonard Nimoy's son, Adam, told him //Prelude// was the first fan film that he loved. "I think there's a reason for that, and we've carried forward that dedication to a level of quality that I will ... never apologize for." Peters said Spock actor Leonard Nimoy's son, Adam, told him //Prelude// was the first fan film that he loved. "I think there's a reason for that, and we've carried forward that dedication to a level of quality that I will ... never apologize for."
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-[{{::old-faq-1.jpg?direct&500|January 8, 2016 (click to view full size)   //Courtesy Archive.org//}}] [{{::faq-new.jpg?direct&500|September 29, 2016}}]+[{{::old-faq-1.jpg?direct&500|January 8, 2016 (click to view full size)   //Courtesy Archive.org//}}] [{{::faq-new.jpg?direct&500|September 28, 2016}}]
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 <wrap em>TRUE</wrap> **Star Trek Continues**.  Burnett is correct. //Star Trek Continues// planned to end its run with four final episodes, all of which were to be produced outside CBS' fan film guidelines. However, CBS [[guidelines-podcast#questions and answers|did not promise]] to sue any production that failed to meet any of the guidelines. How Axanar may use //Continues// in its defense against copyright infringement had yet to be seen. <wrap em>TRUE</wrap> **Star Trek Continues**.  Burnett is correct. //Star Trek Continues// planned to end its run with four final episodes, all of which were to be produced outside CBS' fan film guidelines. However, CBS [[guidelines-podcast#questions and answers|did not promise]] to sue any production that failed to meet any of the guidelines. How Axanar may use //Continues// in its defense against copyright infringement had yet to be seen.
  
-<wrap em>FALSE</wrap> **Just Like Other Fan Films**. As a matter of scale, Peters attempted to portray //Axanar//'s crowdfunding as essentially the same as //Star Trek: Renegades// (which has since [[guidelines_aftermath|stripped Star Trek elements#video productions]] from its production). In fact, however, the $1.2 million figure Peters quotes ignores the fact up until the lawsuit it was [[crowdfunding_platforms#progress_to_axanar|still raising money]] to support //Axanar//'s ultimate budget of nearly $2 million, more than twice //Renegades//'. The commercial aspects of Axanar's self-avowed professional operation — and their expansive scale — are what CBS and Paramount said distinguished the production from other fan films. Peters' characterization is an attempt to place Axanar under the same umbrella of perceived safety as other fan productions.+<wrap em>FALSE</wrap> **Just Like Other Fan Films**. As a matter of scale, Peters attempted to portray //Axanar//'s crowdfunding as essentially the same as //Star Trek: Renegades// (which has since [[guidelines_aftermath#video productions|stripped Star Trek elements]] from its production). In fact, however, the $1.2 million figure Peters quotes ignores the fact up until the lawsuit it was [[crowdfunding_platforms#progress_to_axanar|still raising money]] to support //Axanar//'s ultimate budget of nearly $2 million, more than twice //Renegades//'. The commercial aspects of Axanar's self-avowed professional operation — and their expansive scale — are what CBS and Paramount said distinguished the production from other fan films. Peters' characterization is an attempt to place Axanar under the same umbrella of perceived safety as true fan productions.
 </WRAP> </WRAP>
  
 [{{ ::spock-doc.jpg?direct&200|**Adam Nimoy**'s documentary about his father, //For the Love of Spock//.}}] [{{ ::spock-doc.jpg?direct&200|**Adam Nimoy**'s documentary about his father, //For the Love of Spock//.}}]
- 
 ===== Helping Nimoy ===== ===== Helping Nimoy =====
  
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 > First of all, Team Axanar are good friends with Adam Nimoy.  <wrap hi>We helped Adam with his 2015 Kickstarter</wrap> for his documentary “For The Love of Spock”, which is a truly wonderful movie I hope you will all go see.(([[http://www.axanarproductions.com/captains-log-sep-18th-2016/|"Captain’s Log – Sep. 18th, 2016," Alec Peters]], 9/18/16.)) > First of all, Team Axanar are good friends with Adam Nimoy.  <wrap hi>We helped Adam with his 2015 Kickstarter</wrap> for his documentary “For The Love of Spock”, which is a truly wonderful movie I hope you will all go see.(([[http://www.axanarproductions.com/captains-log-sep-18th-2016/|"Captain’s Log – Sep. 18th, 2016," Alec Peters]], 9/18/16.))
  
-<wrap em>PARTLY TRUE</wrap> It is true that Nimoy's Kickstarter used the beta version of Ares Digital, which has since been scrapped after it [[ares_digital_update|utterly failed]] to handle shipping of Axanar's own perks to its donors. Peters gives the arrangement a cursory mention in the podcast, but none at all in his published blog. This [[https://www.kickstarter.com/projects/adamnimoy/for-the-love-of-spock-a-documentary-film/posts/1633823|public apology]] on July 19, 2016, from Nimoy to his Kickstarter backers may be why.+<wrap em>PARTLY TRUE</wrap> **Ares Digital**. It is true that Nimoy's Kickstarter used the beta version of Ares Digital, which has since been scrapped after it [[ares_digital_update|utterly failed]] to handle shipping of Axanar's own perks to its donors. Peters gives the arrangement a cursory mention in the podcast, but none at all in his published blog. This [[https://www.kickstarter.com/projects/adamnimoy/for-the-love-of-spock-a-documentary-film/posts/1633823|public apology]] on July 19, 2016, from Nimoy to his Kickstarter backers may be why.
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 <wrap em>MOSTLY FALSE</wrap> **Discovery vs. Axanar**. Ever since Fuller announced the setting of the new Star Trek series, Axanar supporters have peddled the narrative that the overlapping time period between the two had to mean Fuller lifted story ideas from Axanar. Evidence fails to bear this out ("[[jeremy-varner|Discovery-Axanar Speculation Fuels Spurious Debate]]"). <wrap em>MOSTLY FALSE</wrap> **Discovery vs. Axanar**. Ever since Fuller announced the setting of the new Star Trek series, Axanar supporters have peddled the narrative that the overlapping time period between the two had to mean Fuller lifted story ideas from Axanar. Evidence fails to bear this out ("[[jeremy-varner|Discovery-Axanar Speculation Fuels Spurious Debate]]").
 +
 +<wrap em>DUBIOUS</wrap> **Year 2255**. Peters talks around his "interesting point" that //Prelude to Axanar// is set in the same year as //Star Trek: Discovery//, leaving it to others to make assumptions about a fact-free connection between //Axanar// and //Discovery//. Realize what "the same year as //Prelude//" actually means — the year in which a fictional documentary of a non-canon fictional event 10 years earlier in a fictional timeline was fictionally broadcast in a fictional universe.
  
 <wrap em>DUBIOUS</wrap> **Fuller, Axanar Fan?** Peters' claim Fuller is a "big fan of Axanar" seems to be at odds with the //Discovery// producer's recent Q&A with Den of Geek: <wrap em>DUBIOUS</wrap> **Fuller, Axanar Fan?** Peters' claim Fuller is a "big fan of Axanar" seems to be at odds with the //Discovery// producer's recent Q&A with Den of Geek:
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 > **Q. What is this Starfleet event [on which //Discovery// is said to be based]?** \\ A. You have to ask a specific question. \\ **Q. Is it Axanar?** \\ A. I actually don’t know what the history of Axanar is. (([[http://www.denofgeek.com/us/tv/star-trek-discovery/257867/bryan-fuller-shares-details-on-star-trek-discovery|"Bryan Fuller Shares Details on Star Trek: Discovery"]], Fred Topel, Den of Geek, 8/17/16.)) > **Q. What is this Starfleet event [on which //Discovery// is said to be based]?** \\ A. You have to ask a specific question. \\ **Q. Is it Axanar?** \\ A. I actually don’t know what the history of Axanar is. (([[http://www.denofgeek.com/us/tv/star-trek-discovery/257867/bryan-fuller-shares-details-on-star-trek-discovery|"Bryan Fuller Shares Details on Star Trek: Discovery"]], Fred Topel, Den of Geek, 8/17/16.))
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 ==== Alleged Owners ==== ==== Alleged Owners ====
  
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 Though he was a big fan of Fuller's work on the TV series, //Hannibal//, Burnett worried //Discovery//'s writers would be hampered by Star Trek continuity in the new show's pre-Original Series setting. Peters agreed: "It's a mistake to go back in time." Though he was a big fan of Fuller's work on the TV series, //Hannibal//, Burnett worried //Discovery//'s writers would be hampered by Star Trek continuity in the new show's pre-Original Series setting. Peters agreed: "It's a mistake to go back in time."
  
-All three declared they would not subscribe to the U.S. network that will carry //Star Trek: Discovery//, CBS All Access, preferring to wait for a later Blu-ray release, and complaining of the $5.99 monthly cost (with commercials) or $9.99 (commercial-free). {{:axamonitor-ico.gif?nolink|}}+All three declared they would not subscribe to the U.S. network that will carry //Star Trek: Discovery//, CBS All Access, preferring to wait for a later Blu-ray release, and complaining of the $5.99 monthly cost (with commercials) or $9.99 (commercial-free).
  
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 //**__True or False?__**// //**__True or False?__**//
  
-<wrap em>DUBIOUS</wrap> **All Access Cost**. Peters, Burnett and Hunt objected to the subscription cost of CBS All Access, particularly the commercial-free option, as if this approach were unheard of. In fact, it's exactly the same arrangement (though less expensive) that Hulu offers its subscribers ($7.99 a month with commercials, $11.99 without commercials).+<wrap em>DUBIOUS</wrap> **All Access Cost**. Peters, Burnett and Hunt objected to the subscription cost of CBS All Access, particularly the commercial-free option, as if this approach were unheard of. In fact, it's exactly the same arrangement (though less expensive) that Hulu offers its subscribers ($7.99 a month with commercials, $11.99 without commercials). {{:axamonitor-ico.gif?nolink|}}
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-**Keywords** {{tag>fact_check lawsuit defense defandants}}+**Keywords** {{tag>fact_check lawsuit defense defendants}}