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summary_of_the_lawsuit [2016/04/22 12:17] – [Summary of the Legal Complaint] updated w/documentcloud link Carlos Pedrazasummary_of_the_lawsuit [2018/11/06 18:44] (current) – [Damages] Carlos Pedraza
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-{{TOC}} 
 ====== Summary of the Legal Complaint ====== ====== Summary of the Legal Complaint ======
 +{{TOC}}
  
-<WRAP box 520px>+<WRAP box 450px>
 {{:preludeactors.jpg|}} \\ {{:preludeactors.jpg|}} \\
 <wrap lo>**VETERAN SCIFI** actors [[Kate Vernon]] and [[Tony Todd]] appeared in the short film, //Prelude to Axanar//. Todd has since dropped out from //Axanar,// citing the production's 'accountability' problems.</wrap> <wrap lo>**VETERAN SCIFI** actors [[Kate Vernon]] and [[Tony Todd]] appeared in the short film, //Prelude to Axanar//. Todd has since dropped out from //Axanar,// citing the production's 'accountability' problems.</wrap>
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 == Star Trek: Axanar == == Star Trek: Axanar ==
-[{{ :locked-script.jpg?250|**LOCKED SCRIPT** The supposed "fully revised, best Star Trek movie script ever" is displayed by the screenwriters and director of //Axanar// in August 2015.}}]+[{{ :locked-script.jpg?250|**LOCKED SCRIPT** The supposed "fully revised, [[locked_script|best Star Trek movie]] script ever" is displayed by the screenwriters and director of //Axanar// in August 2015.}}]
  
 //Axanar// is a feature-length motion picture funded on the [[axanar_kickstarter_details|Kickstarter]] and [[axanar_indiegogo_details|Indiegogo]] [[crowdfunding platforms]].((Paramount et al., v. Axanar et al., amended complaint, p. 7 ¶31.)) //Axanar// is a feature-length motion picture funded on the [[axanar_kickstarter_details|Kickstarter]] and [[axanar_indiegogo_details|Indiegogo]] [[crowdfunding platforms]].((Paramount et al., v. Axanar et al., amended complaint, p. 7 ¶31.))
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   * //Axanar// has already begun production, with release of the "[[Vulcan Scene]]" in 2015, and at least one other scene shot.((Paramount et al., v. Axanar et al., amended complaint, p. 7 ¶32, 34.))   * //Axanar// has already begun production, with release of the "[[Vulcan Scene]]" in 2015, and at least one other scene shot.((Paramount et al., v. Axanar et al., amended complaint, p. 7 ¶32, 34.))
   * Peters, with the possible aid of some Doe defendants, wrote the //Axanar// Script in its several versions.((Paramount et al., v. Axanar et al., amended complaint, p. 7 ¶33.))   * Peters, with the possible aid of some Doe defendants, wrote the //Axanar// Script in its several versions.((Paramount et al., v. Axanar et al., amended complaint, p. 7 ¶33.))
 +
 +<wrap lo>//See also: [[locked_script|The 'Locked' Axanar Screenplay: A Review]]//</wrap>
 +
   * Doe defendants directed the film, created the sets and designed the costumes. Certain of the unnamed defendants continue to work on the screenplay, even though the production declared in August 2015 they had "fully revised and locked" the script," calling it "the best Star Trek movie script ever!"((Paramount et al., v. Axanar et al., amended complaint, p. 8 ¶35-36.))   * Doe defendants directed the film, created the sets and designed the costumes. Certain of the unnamed defendants continue to work on the screenplay, even though the production declared in August 2015 they had "fully revised and locked" the script," calling it "the best Star Trek movie script ever!"((Paramount et al., v. Axanar et al., amended complaint, p. 8 ¶35-36.))
   * The "Vulcan Scene" has already been disseminated online on the Axanar website and YouTube,((Paramount et al., v. Axanar et al., amended complaint, p. 9 ¶39.)) though the video has since been removed from public view.(([[timeline|Axanar Timeline: February 8, 2016]].))   * The "Vulcan Scene" has already been disseminated online on the Axanar website and YouTube,((Paramount et al., v. Axanar et al., amended complaint, p. 9 ¶39.)) though the video has since been removed from public view.(([[timeline|Axanar Timeline: February 8, 2016]].))
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 === Side-by-Side Comparisons === === Side-by-Side Comparisons ===
-The complaint spends 28 pages detailing alleged copyright infringements by running side-by-side comparisons of copyrighted Star Trek elements copied by in //Axanar//, including specific characters, alien species and their specific appearances, uniforms and costumes, command insignia and medals, planets and other settings, space docks, Federation, Vulcan and Klingon starships, logos, governmental details, stardates, futuristic technology, fictional languages and philosophies and architecture.((Paramount et al., v. Axanar et al., amended complaint, pp. 10-38.))+ 
 +The legal complaint spends 28 pages detailing alleged copyright infringements by running side-by-side comparisons of copyrighted Star Trek elements copied in //Axanar//, including specific characters, alien species and their specific appearances, uniforms and costumes, command insignia and medals, planets and other settings, space docks, Federation, Vulcan and Klingon starships, logos, governmental details, stardates, futuristic technology, fictional languages and philosophies and architecture.((Paramount et al., v. Axanar et al., amended complaint, pp. 10-38.)) 
 + 
 +====   ====
  
 Here are four examples:((Paramount et al., v. Axanar et al., amended complaint, pp. 25, 30, 33, 36.)) Here are four examples:((Paramount et al., v. Axanar et al., amended complaint, pp. 25, 30, 33, 36.))
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 What's different about Axanar is that its multi-million dollar budget was completely intended to be raised from Star Trek fans, using the appeal of the studios' copyrighted property. Unlike Axanar‭, ‬there's no money in the other fan films for CBS to go after‭. ‬In addition‭, ‬Axanar's‭ [[Annual Report]] detailed an extensive and expanding [[fan_films_breaking_the_unwritten_rules_and_defining_profit|commercial operation]] trading off the studios‭' [[Star Trek]] intellectual property. What's different about Axanar is that its multi-million dollar budget was completely intended to be raised from Star Trek fans, using the appeal of the studios' copyrighted property. Unlike Axanar‭, ‬there's no money in the other fan films for CBS to go after‭. ‬In addition‭, ‬Axanar's‭ [[Annual Report]] detailed an extensive and expanding [[fan_films_breaking_the_unwritten_rules_and_defining_profit|commercial operation]] trading off the studios‭' [[Star Trek]] intellectual property.
  
-Attorney Gershen-Siegel, points to the scale of Axanar's fundraising:+Attorney Gershen-Siegel points to the scale of Axanar's fundraising:
  
 > The money is certainly a factor; Axanar has a deeper pocket than the other [fan] productions do. Making a profit or crowdfunding are not necessarily dispositive of anything here, but the money does lend credence to the idea of this being more than a mere fan film. Despite whatever it has been called or will be called, the budget numbers are close to other independent releases. \\ \\ Continually referring to themselves as an ‘independent production’ could not have helped matters. Working with [actor [[cast|Gary Graham]]] to reprise his actual canon role [as Vulcan ambassador [[Soval]]] was another problem area.((Janet Gershen-Siegel post, [[http://www.gandtshow.com/fan-dance-sound-fury-and-axanar/|"Fan Dance — Sound, Fury and Axanar]], G&T Show website, 1/21/16.)) > The money is certainly a factor; Axanar has a deeper pocket than the other [fan] productions do. Making a profit or crowdfunding are not necessarily dispositive of anything here, but the money does lend credence to the idea of this being more than a mere fan film. Despite whatever it has been called or will be called, the budget numbers are close to other independent releases. \\ \\ Continually referring to themselves as an ‘independent production’ could not have helped matters. Working with [actor [[cast|Gary Graham]]] to reprise his actual canon role [as Vulcan ambassador [[Soval]]] was another problem area.((Janet Gershen-Siegel post, [[http://www.gandtshow.com/fan-dance-sound-fury-and-axanar/|"Fan Dance — Sound, Fury and Axanar]], G&T Show website, 1/21/16.))
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 On February 22, 2016, the defendants filed a [[Motion to Dismiss]] the case, claiming the complaint was insufficient to make its case for copyright infringement. The plaintiffs answered the motion  with an amended complaint filed March 11, 2016. On February 22, 2016, the defendants filed a [[Motion to Dismiss]] the case, claiming the complaint was insufficient to make its case for copyright infringement. The plaintiffs answered the motion  with an amended complaint filed March 11, 2016.
  
-The defense filed a second [[Motion to Dismiss]] on March 28, substantially similar to the February 22 motion. A hearing on the new motion was requested for May 9, the same date as the pre-trial [[scheduling conference]]. +The defense filed a second [[Motion to Dismiss]] on March 28, substantially similar to the February 22 motion. A hearing on the new motion was requested for May 9, the same date as the pre-trial [[scheduling conference]]. Plaintiffs' attorneys filed briefs [[dismissal_opposition|opposing the dismissal]] motion on April 11, 2016.
  
-Plaintiffs' attorneys filed briefs [[dismissal_opposition|opposing the dismissal]] motion on April 11, 2016.+In a sweeping rejection of arguments made by the defense, Judge Klausner on May 9, 2016, denied the pending [[motion_to_dismiss|motion to dismiss]] and ordered the copyright infringement lawsuit should move forward. 
 +===== Joint Statement =====
  
-<WRAP round info> +A [[joint statement]] filed May 2, 2016, revealed it may be at least a year before Axanar gets its day in court, but a settlement might come sooner, as attorneys for both sides agreed to talks before a federal magistrate, and submitted their [[discovery]] plans.
-‬The following sections, **The Studios' Leverage** and **Axanar Merchandise**, express opinion or informed speculation‭. +
-</WRAP>+
  
-===== The Studios' Leverage ===== +However, a subsequent scheduling order by the judge set the [[anatomy_of_the_case|trial date]] for January 2017. 
-This‭, ‬and all the defendants‭' ‬liability for statutory and actual damages‭, ‬provides a lot of leverage the studios are likely to bring to bear against each defendant‭, ‬making more than a few likely to be willing to testify against Axanar‭. ‬Remember‭, ‬while Alec Peters has secured [[Winston & Strawn|pro bono representation]] in this case‭, ‬the other defendants will have to pay for their [[other attorneys|own lawyers]].+ 
 +===== Counterclaim ===== 
 + 
 +In its May 23, 2016, [[answer|Answer]] to the legal complaint, Axanar's attorneys filed a [[answer#counterclaim]] against CBS and Paramount, alleging Axanar's activities did not constitute infringement and asking for relief for harm caused the defendants by the lawsuit. 
 + 
 +The plaintiffs filed [[plaintiffs_answer|their Answer]] to the counterclaim, refuting Axanar's allegations and asking to move the case into [[discovery]]. 
 + 
 +<WRAP right round info 50%> 
 +‬This section, **Axanar Merchandise**, express opinion or informed speculation‭. 
 +</WRAP>
  
 ===== Axanar Merchandise ===== ===== Axanar Merchandise =====
-One final note‭: ‬While most people have been focusing on what the suit calls‭ "‬the Axanar Works‭" (‬i.e‭., //‬Prelude‭// ‬and‭ //‬Axanar‭// ‬itself‭), ‬it's quite likely CBS also has issues with all the [[Merchandise|ancillary products]] Axanar has created‭ (‬e.g‭., [[model ships]], [[artwork]], [[patches]], [[coffee]] and more, which the suit calls‭ "‬any works derived or copied from the Star Trek copyrighted works‭."‬+One final note‭: ‬While most people have been focusing on what the suit calls‭ "‬the Axanar Works‭" (‬i.e‭., //‬Prelude‭// ‬and‭ //‬Axanar‭// ‬itself‭), ‬it's quite likely CBS also has issues with all the [[Merchandise|ancillary products]] Axanar has created‭ (‬e.g‭., [[merchandise|model ships, artwork, patches, coffee]] and more, which the suit calls‭ "‬any works derived or copied from the Star Trek copyrighted works‭."‬
  
 <WRAP round important> <WRAP round important>
-**Donor Interest** +**DONOR INTEREST** \\ 
- +Contributors to Axanar's various crowdfunding campaigns may be disappointed‭ —‬ ‬contrary to Alec Peters‭' ‬assurances‭ — ‬to discover that the [[perks]] they paid for [[merchandise#lawsuit impact|may be thwarted]] by the injunction and/or the judgment against Axanar‭.
-Contributors to Axanar's various crowdfunding campaigns may be disappointed‭ —‬ ‬contrary to Alec Peters‭' ‬assurances‭ — ‬to discover that the [[crowdfunding platforms#perks|perks]] they paid for [[merchandise#lawsuit impact|may be thwarted]] by the injunction and/or the judgment against Axanar‭.+
 </WRAP> </WRAP>