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— | seal_denied [2016/12/19 18:06] – [Axanar Casting Document] edits to clarify Carlos Pedraza | ||
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+ | <WRAP rightalign> | ||
+ | {{:: | ||
+ | <wrap lo>< | ||
+ | </ | ||
+ | ====== Judge Denies Attorneys' | ||
+ | {{TOC}} | ||
+ | < | ||
+ | //**__ __**// <wrap lo>**By [[user> | ||
+ | </ | ||
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+ | <wrap lo>// | ||
+ | <wrap lo>//See also: [[summary_replies|Defense, | ||
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+ | In an order filed December 9, 2016, federal [[judge_r._gary_klausner|Judge R. Gary Klausner]] dinged attempts by attorneys for both Axanar and the studios suing it for copyright infringement to file documents under seal — preventing their attempt to effectively hide that evidence from public scrutiny. | ||
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+ | The judge, who recently warned attorneys that without adequate justification he would automatically deny such attempts, rejected the defense' | ||
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+ | ===== Rejected Redactions ===== | ||
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+ | {{page> | ||
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+ | The documents at issue were part of the evidence both sides filed to support their own motions for [[summary judgment]]: | ||
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+ | * **Exhibit 2** to the declaration by Axanar attorney Brian Li-A-Ping Declaration (in its entirety), | ||
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+ | * **Exhibit MMM** to the declaration by studio attorney David Grossman of an Axanar casting document which Defendants wanted hidden from the public.((Order Granting Plaintiffs' | ||
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+ | <WRAP right box 50%> | ||
+ | //**__It remains unclear why a production its lawyers continually characterize as a non-commercial fan film has trade secrets to protect.__**// | ||
+ | </ | ||
+ | |||
+ | ==== O' | ||
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+ | The defense wanted to file under seal all the excerpts from the September 30 deposition of the plaintiffs’ witness, Daniel O’Rourke, Paramount' | ||
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+ | > Counsel for Defendants conferred with counsel for Plaintiffs on whether Exhibit 2 … could be de-designated to avoid the need to file the Exhibit under seal. … Plaintiffs requested that Defendants file Exhibit 2 under seal.((Defendants' | ||
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+ | === Plaintiffs Lacked Justification === | ||
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+ | According to Ranahan, it was up to the studios' | ||
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+ | > Pursuant to [court rules], | ||
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+ | [{{ :: | ||
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+ | == What Happens to Unredacted Documents? == | ||
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+ | The excerpt from O' | ||
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+ | ==== Axanar Casting Document ==== | ||
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+ | As part of his reply to the defense' | ||
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+ | In his declaration, | ||
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+ | Judge Klausner rejected the request to keep the document hidden, leading Grossman to file the undedicated version on December 19. The full document makes clear why the plaintiffs cited the document and likely what the defendants sought to keep from public view. | ||
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+ | === What Axanar Was Hiding === | ||
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+ | The studios' | ||
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+ | Grossman referred in the now-public casting notice Peters' | ||
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+ | <WRAP right round box 50%> | ||
+ | [{{ : | ||
+ | <wrap lo> | ||
+ | Plaintiffs' | ||
+ | \\ \\ | ||
+ | **Gossett**: | ||
+ | **Grossman**: | ||
+ | **Gossett**: | ||
+ | **Grossman**: | ||
+ | **Gossett**: | ||
+ | **Grossman**: | ||
+ | **Gossett**: | ||
+ | **Grossman**: | ||
+ | <wrap indent> | ||
+ | **Gossett**: | ||
+ | **[Axanar Attorney]**: | ||
+ | **Gossett**: | ||
+ | **Grossman**: | ||
+ | **Gossett**: | ||
+ | **Grossman**: | ||
+ | **Gossett**: | ||
+ | </ | ||
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+ | The document was used by Grossman to provide context for the plaintiffs' | ||
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+ | > Plaintiffs’ interrogatory responses and deposition testimony … extensively discuss the harm to Plaintiffs from the unchecked creation of unauthorized derivative works.((Plaintiffs' | ||
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+ | === The Unredacted Casting Announcement === | ||
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+ | The announcement, | ||
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+ | > <wrap lo> | ||
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+ | The announcement ([[https:// | ||
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+ | == Justification == | ||
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+ | Presumably, of the justifications available under the protective order in the case governing evidence, the defense wanted this information kept from the public because it constituted " | ||
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+ | However, it remains unclear why a production its lawyers continually characterize as a non-commercial fan film has to keep secret " | ||
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+ | === About Casting Announcements === | ||
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+ | Casting announcements and breakdowns are disseminated to actors' | ||
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+ | Such documents also include a synopsis of the film and a detailed description and background for each of the characters the production seeks to cast. | ||
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+ | ===== Judge' | ||
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+ | Klausner had warned defense attorneys in a November 30 order that simply relying on the [[protective order]] in the case to justify hiding information from the public was insufficient; | ||
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+ | > Regarding defendant’s application … the parties are reminded that pursuant to Court’s Revised Standing Order 16, “if a party submits an application to file under seal pursuant to a protective order only, (i.e., no other reason is given), the Court will automatically deny the application if the party designating the material as confidential does not file a declaration.((Order Granting Defendants’ Unopposed Application to File Under Seal, Document 97, Judge R. Gary Klausner, pp. 2-3, 11/30/16.)) | ||
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+ | ==== Protective Order ==== | ||
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+ | Axanar' | ||
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+ | === What's Protected? === | ||
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+ | According to the order, the type of information deserving confidential status, included: | ||
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+ | * Private and highly sensitive financial information regarding revenues, expenses and profits from the motion picture works involved in the case. The intention here was to prevent competitors from obtaining such information. | ||
+ | * Drafts of scripts and other creative material, including unreleased portions of the films in dispute, in order to prevent competitive harm to the parties. | ||
+ | * Personal financial data of third parties, including writers, producers and directors not a party in the case. | ||
+ | * All confidential and proprietary business or commercial information or trade secrets.((Proposed Stipulated Protective Order, “Good Cause Statement”, | ||
+ | |||
+ | ---- | ||
+ | **Keywords** {{tag> |