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summary_motions_filed [2017/01/05 17:28] – [Redacted Portions] added missing citation Carlos Pedrazasummary_motions_filed [Unknown date] (current) – external edit (Unknown date) 127.0.0.1
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-<wrap lo>//See also: [[summary_judgment|Explainer: Motions for Summary Judgment]] and [[defense summary-filing|Axanar Defense Also Asks Judge for Summary Judgment]]//</wrap>+<wrap lo>See also: //[[fair_use_denied|Judge Denies Axanar Its Fair Use Defense]]// and //[[summary_judgment|Explainer: Motions for Summary Judgment]]// and //[[defense summary-filing|Axanar Defense Also Asks Judge for Summary Judgment]]//</wrap>
  
 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 plot in the Original Series episode, “Whom Gods Destroy,” which introduced Axanar’s protagonist, [[mema>Garth of Izar]], portrayed by Peters himself in //Prelude//, and the Battle of Axanar.   * The plot in the Original Series episode, “Whom Gods Destroy,” which introduced Axanar’s protagonist, [[mema>Garth of Izar]], portrayed by Peters himself in //Prelude//, and the Battle of Axanar.
-  * Story elements and the sequence of events Peters has admitted he took from the copyrighted, licensed Star Trek: The Role Playing Game supplement called “[[knowing_infringement#is_axanar_transformativeThe Four Years War]].”+  * Story elements and the sequence of events Peters has admitted he took from the copyrighted, licensed Star Trek: The Role Playing Game supplement called “[[knowing_infringement#is_axanar_transformative|The Four Years War]].”
   * 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.
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   * Between his first and second depositions Peters appeared to have altered Axanar's financial documents to remove personal expenses he paid for with donor funds, including "tens of thousands of dollars of restaurant bills," gasoline, car and health insurance, auto maintenance and phone bills for himself, his girlfriend and another friend.((Exhibit 2 to Oki Declaration, "Paramount Pictures Corporation's Amended Responses to Interrogatories, Set One (Nos. 4, 5, 8 and 9)," Docket 75.4, p. 7, 11/16/16.))   * Between his first and second depositions Peters appeared to have altered Axanar's financial documents to remove personal expenses he paid for with donor funds, including "tens of thousands of dollars of restaurant bills," gasoline, car and health insurance, auto maintenance and phone bills for himself, his girlfriend and another friend.((Exhibit 2 to Oki Declaration, "Paramount Pictures Corporation's Amended Responses to Interrogatories, Set One (Nos. 4, 5, 8 and 9)," Docket 75.4, p. 7, 11/16/16.))
   * 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' Notice of Motion and Motion for Partial Summary Judgment (redacted), Docket 72, p. 5, lines 5-7, 11/16/16.))
 ===== Undisputed Facts ===== ===== Undisputed Facts =====
  
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 ===== Timetable for Motion ===== ===== Timetable for Motion =====
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 +<wrap lo>See also: //[[fair_use_denied|Judge Denies Axanar Its Fair Use Defense]]//</wrap>
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 +On January 4, 2017, Judge Klausner denied both motions for summary judgment but also rejected Axanar's fair use defense — the central part of its case.
  
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