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statement_fact_law [2016/12/20 12:22] – adds subhead Carlos Pedrazastatement_fact_law [Unknown date] (current) – external edit (Unknown date) 127.0.0.1
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 A new round of pre-trial filings on December 19, 2016, shed light on several emerging weaknesses of the defense case in [[Axanar Productions|Axanar]]'s [[copyright infringement]] lawsuit brought by [[CBS]] and [[Paramount Pictures]], including producer [[Alec Peters]]' reliance on doctored financials and testimony from Star Trek directors J.J. Abrams and Justin Lin. A new round of pre-trial filings on December 19, 2016, shed light on several emerging weaknesses of the defense case in [[Axanar Productions|Axanar]]'s [[copyright infringement]] lawsuit brought by [[CBS]] and [[Paramount Pictures]], including producer [[Alec Peters]]' reliance on doctored financials and testimony from Star Trek directors J.J. Abrams and Justin Lin.
  
-Both sides filed summaries of what they contend are the facts and the law supporting their cases, as well as a joint list of witnesses to be called and evidence to be admitted at trial, scheduled to begin January 31, 2017.+Both sides filed summaries of what they contend are the facts and the law supporting their cases, as well as a joint list of [[witness_list|witnesses]] to be called and [[exhibit list|evidence]] to be admitted at trial, scheduled to begin January 31, 2017. 
 + 
 +<wrap lo>See also: //[[witness_list|Studios, Axanar Release Trial's Witness List]]//</wrap>
  
 The new documents follow a number of pending motions filed in the previous couple of weeks asking federal [[judge_r._gary_klausner|Judge R. Gary Klausner]] to: The new documents follow a number of pending motions filed in the previous couple of weeks asking federal [[judge_r._gary_klausner|Judge R. Gary Klausner]] to:
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   * Issue a [[summary judgment]] in the case based on either of separate motions by the two sides claiming the material facts in the case are not in dispute, giving the judge leave to rule just on the applicable law, making a jury trial unnecessary.   * Issue a [[summary judgment]] in the case based on either of separate motions by the two sides claiming the material facts in the case are not in dispute, giving the judge leave to rule just on the applicable law, making a jury trial unnecessary.
   * [[excluding_evidence|Exclude]] allegedly irrelevant or unfounded evidence from the trial, including Axanar's financial records, testimony from several witnesses and the defense call to preclude any mention of Star Trek whatsoever in a trial explicitly about Star Trek's copyrights.   * [[excluding_evidence|Exclude]] allegedly irrelevant or unfounded evidence from the trial, including Axanar's financial records, testimony from several witnesses and the defense call to preclude any mention of Star Trek whatsoever in a trial explicitly about Star Trek's copyrights.
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 +
 +<WRAP right round box 50%>
 +//**__« Peters ‘reversed’ out certain [personal] expenses by attempting to offset them with the lease payments he was required to make on the studio he rented. »__**// — //Plaintiffs' Joint Exhibit List//
 +</WRAP>
  
 ===== Axanar's Financials ===== ===== Axanar's Financials =====
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 Peters' attorneys claimed that subsequent, more accurate records demonstrate those expenses were not paid out of donor money, and that how he spent the money is not relevant to whether Peters infringed on the studios' Star Trek copyrights. Peters' attorneys claimed that subsequent, more accurate records demonstrate those expenses were not paid out of donor money, and that how he spent the money is not relevant to whether Peters infringed on the studios' Star Trek copyrights.
 +
 +[{{ :captain-peters-1.jpg?nolink|Axanar producer **Alec Peters**}}]
  
 ==== Altered Financials ==== ==== Altered Financials ====
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 ===== Direct Financial Benefit ===== ===== Direct Financial Benefit =====
  
-However, the plaintiffs' alleged that Peters had personally benefitted from the money raised to produce //Axanar//, specifically citing copyright law's reference to "direct financial benefit" earned by the defendant as a result of infringement.+However, the plaintiffs' alleged that Peters had personally benefitted from the money raised to produce //Axanar//, specifically citing copyright law's reference to "[[direct financial benefit]]" earned by the defendant as a result of infringement.
  
 ==== Vicarious Copyright Infringement ==== ==== Vicarious Copyright Infringement ====
  
-The charge of vicarious copyright infringement requires the studios to prove Peters;+The allegations of vicarious copyright infringement require the studios to prove Peters;
   - Directly financially benefitted (note the law does not use the term 'profit') such as his personal expenses and salary.   - Directly financially benefitted (note the law does not use the term 'profit') such as his personal expenses and salary.
   - Supervised or controlled Axanar's infringing activity.((Case docket 153.0, Plaintiff's Memorandum of Contentions of Fact and Law, p. 4, 12/19/16.))   - Supervised or controlled Axanar's infringing activity.((Case docket 153.0, Plaintiff's Memorandum of Contentions of Fact and Law, p. 4, 12/19/16.))
 +
 +
 +<WRAP right round box 50%>
 +//**__At the time of their public statement, Abrams had only seen a short clip of ‘Prelude’ and Lin hadn't seen 'Prelude' or the Vulcan scene.__**// — //Plaintiffs' Joint Exhibit List//
 +</WRAP>
  
 ===== Abrams' and Lin's Testimony ===== ===== Abrams' and Lin's Testimony =====
  
 The December 19 filing also clarified why the defense wanted to have Star Trek producer J.J. Abrams and director Justin Lin testify on Axanar's behalf, and why the studios' sought to have their participation in the case excluded. The December 19 filing also clarified why the defense wanted to have Star Trek producer J.J. Abrams and director Justin Lin testify on Axanar's behalf, and why the studios' sought to have their participation in the case excluded.
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 ==== For the Defense ==== ==== For the Defense ====
  
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 The defense construed the two directors' statements supporting fan films, combined with the lawsuit announcement, as a relevant part of the case.  The defense construed the two directors' statements supporting fan films, combined with the lawsuit announcement, as a relevant part of the case. 
 +
 +[{{ :abram-lin.jpg?300|Star Trek producer **J.J. Abrams** and director **Justin Lin**.}}]
  
 ==== Irrelevant, After the Fact ==== ==== Irrelevant, After the Fact ====
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 The full set of documents filed December 19 are part of a package set for use at the final pre-trial conference in the case, scheduled for January 9. The full set of documents filed December 19 are part of a package set for use at the final pre-trial conference in the case, scheduled for January 9.
  
-Judges at these final meetings between the parties often use this conference to encourage settling cases. At the conference, the judge and the lawyers can review the evidence and clarify the issues in dispute. They may also try to agree on undisputed facts or points of law in order to shorten the trial’s duration.+The Memorandum of Contention of Fact and Law, filed by each side, is required by court rules. It explains in brief form each side's theory of the case and a narrative of what they expect to prove. It also includes a discussion of the legal issues that should decide the case and any anticipated problems with evidence to be admitted.((General Order 96-15, California Central District Court, §9.5, pp. 5-7, retrieved 12/19/16.)) 
 + 
 +Judges at a final pre-trial meeting between the parties often use this conference to encourage settling cases. At the conference, the judge and the lawyers can review the evidence and clarify the issues in dispute. They may also try to agree on undisputed facts or points of law in order to shorten the trial’s duration.
  
 Other documents filed December 19 named the witnesses expected to be called and how long their testimony and cross-examination are expected to take. {{:axamonitor-ico.gif?nolink|}} Other documents filed December 19 named the witnesses expected to be called and how long their testimony and cross-examination are expected to take. {{:axamonitor-ico.gif?nolink|}}