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summary_motions_filed [2016/11/20 00:14] – [Redacted Evidence] adds timeline Carlos Pedraza | summary_motions_filed [Unknown date] (current) – external edit (Unknown date) 127.0.0.1 | ||
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- | <wrap lo>//See also: [[summary_judgment|Explainer: | + | <wrap lo>See also: // |
In a massive filing in U.S. District Court on November 16, 2016, plaintiffs CBS and Paramount Pictures produced evidence of a shocking amount of personal spending by defendant [[Alec Peters]] from money fans had contributed to produce //Axanar//, who then altered financial documents to hide spending from donors. | In a massive filing in U.S. District Court on November 16, 2016, plaintiffs CBS and Paramount Pictures produced evidence of a shocking amount of personal spending by defendant [[Alec Peters]] from money fans had contributed to produce //Axanar//, who then altered financial documents to hide spending from donors. | ||
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The motion asked for a hearing before U.S. District [[judge_r._gary_klausner|Judge R. Gary Klausner]] on December 19 to hear arguments supporting the motion, as well as granting the plaintiffs' | The motion asked for a hearing before U.S. District [[judge_r._gary_klausner|Judge R. Gary Klausner]] on December 19 to hear arguments supporting the motion, as well as granting the plaintiffs' | ||
- | <WRAP right round alert 50%> | + | {{page>summary judgment box}} |
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- | </WRAP> | + | |
Earlier in the day, Axanar surrogate [[http:// | Earlier in the day, Axanar surrogate [[http:// | ||
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The Copyright Act defines the term this way: | The Copyright Act defines the term this way: | ||
- | > The fair use of a copyrighted work ... for purposes such as criticism, comment, news reporting, teaching ..., | + | > The fair use of a copyrighted work ... for purposes such as criticism, comment, news reporting, teaching ... scholarship, |
- | scholarship, | + | |
- | in any particular case is a fair use the factors to be considered shall include — | + | |
- | + | ||
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- | educational purposes; | + | |
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=== Purpose and Character of the Use === | === Purpose and Character of the Use === | ||
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Among the specific and substantial elements Axanar copied were: | Among the specific and substantial elements Axanar copied were: | ||
- | * The plot in the Original Series episode, “Whom Gods Destroy,” which introduced Axanar’s protagonist, | + | |
- | * Story elements and the sequence of events Peters has admitted he took from the copyrighted, | + | * Story elements and the sequence of events Peters has admitted he took from the copyrighted, |
- | * Settings established by plaintiffs in various Star Trek works, including specific alien star systems and planets, such as Vulcan, the Klingon homeward Qo’noS and the planet of Axanar itself; //Axanar// also takes place on United Federation of Planets starships and Klingon battlecruisers. | + | * Settings established by plaintiffs in various Star Trek works, including specific alien star systems and planets, such as Vulcan, the Klingon homeward Qo’noS and the planet of Axanar itself; //Axanar// also takes place on United Federation of Planets starships and Klingon battlecruisers. |
- | * Copyrighted characters including Vulcans and Klingons, and specific characters such as Ambassador Soval and Garth of Izar. | + | * Copyrighted characters including Vulcans and Klingons, and specific characters such as Ambassador Soval and Garth of Izar. |
Grossman asserted that //Axanar// copies Star Trek’s mood and themes by attempting to “re-create the drama between the Federation and the Klingon Empire in a military space drama,” in order to reproduce “the ‘heart’ of … the Star Trek universe.”((Motion for Partial Summary Judgment, Section 3, Part C, p. 15, 11/16/16.)) | Grossman asserted that //Axanar// copies Star Trek’s mood and themes by attempting to “re-create the drama between the Federation and the Klingon Empire in a military space drama,” in order to reproduce “the ‘heart’ of … the Star Trek universe.”((Motion for Partial Summary Judgment, Section 3, Part C, p. 15, 11/16/16.)) | ||
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The redacted portions referred to exhibits being submitted to support the plaintiffs' | The redacted portions referred to exhibits being submitted to support the plaintiffs' | ||
- | * Between his first and second depositions Peters appeared to have altered Axanar' | + | * Between his first and second depositions Peters appeared to have altered Axanar' |
* Peters raised almost $1.5 million from Star Trek fans, much of which he used to pay himself, his friends and colleagues and that he also used the funds to lease and build out a commercial studio he hoped to use to produce other Star Trek projects and rent out to other commercial productions. | * Peters raised almost $1.5 million from Star Trek fans, much of which he used to pay himself, his friends and colleagues and that he also used the funds to lease and build out a commercial studio he hoped to use to produce other Star Trek projects and rent out to other commercial productions. | ||
- | * Peters testified his intention in creating //Axanar// Works was to be “ridiculously accurate” to Star Trek and to “make sure every little detail adheres to canon.”((add citation here.)) | + | * Peters testified his intention in creating //Axanar// Works was to be “ridiculously accurate” to Star Trek and to “make sure every little detail adheres to canon.”((Plaintiffs' |
===== Undisputed Facts ===== | ===== Undisputed Facts ===== | ||
- | Along with the actual motion, the studios' | + | Along with the actual motion, the studios' |
===== Evidence ===== | ===== Evidence ===== | ||
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===== Timetable for Motion ===== | ===== Timetable for Motion ===== | ||
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+ | <wrap lo>See also: // | ||
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+ | On January 4, 2017, Judge Klausner denied both motions for summary judgment but also rejected Axanar' | ||
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- | **Keywords** {{tag> | + | **Keywords** {{tag> |