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summary_replies [2016/12/09 14:22] – adds/edits material throughout Carlos Pedraza | summary_replies [2018/07/03 18:53] (current) – [Misleading Financial Information] Carlos Pedraza | ||
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====== Defense, Plaintiffs Rebut Opposition to Summary Judgment ====== | ====== Defense, Plaintiffs Rebut Opposition to Summary Judgment ====== | ||
- | **//New documents confirm Axanar is broke, plus other revelations despite extensive redaction//** | + | **//Heavily redacted |
{{TOC}} | {{TOC}} | ||
< | < | ||
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Each side hit back hard at the other' | Each side hit back hard at the other' | ||
- | [{{ :: | + | {{page> |
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+ | [{{ :: | ||
For the defendants' | For the defendants' | ||
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> Defendants’ claim in this case is that they are entitled to create a full-length film featuring copyrighted characters such as Klingons, Vulcans, and Federation officers, along with Star Trek weapons, spaceships, settings, and dialogue – so long as they do not include Captain Kirk and Mr. Spock. This is not the law.((Plaintiffs' | > Defendants’ claim in this case is that they are entitled to create a full-length film featuring copyrighted characters such as Klingons, Vulcans, and Federation officers, along with Star Trek weapons, spaceships, settings, and dialogue – so long as they do not include Captain Kirk and Mr. Spock. This is not the law.((Plaintiffs' | ||
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+ | Under that theory, however, no work derivative of the original Star Trek series would be entitled to copyright protection, upending well established rights by copyright holders to exclusively create derivate works, Grossman wrote: | ||
<WRAP right round info 50%> | <WRAP right round info 50%> | ||
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Moreover, the audience test "asks whether the defendant wrongly copied enough of the plaintiff’s protected expression to cause a reasonable lay observer to immediately detect the similarities between the plaintiff’s expression and the defendant’s work, without any aid or suggestion from others." | Moreover, the audience test "asks whether the defendant wrongly copied enough of the plaintiff’s protected expression to cause a reasonable lay observer to immediately detect the similarities between the plaintiff’s expression and the defendant’s work, without any aid or suggestion from others." | ||
</ | </ | ||
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- | Under that theory, however, no work derivative of the original Star Trek series would be entitled to copyright protection, upending well established rights by copyright holders to exclusively create derivate works, Grossman wrote: | ||
> //Star Trek: The Next Generation//, | > //Star Trek: The Next Generation//, | ||
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== The Woman is Comic Relief == | == The Woman is Comic Relief == | ||
- | In the reply brief Ranahan attempted to point to the character in // | + | In the reply brief Ranahan attempted to point to the character in // |
> Captain Sonya Alexander (an original character) serves as the comedic relief, presenting a powerful character who provides her commentary about the battle, infused with salty language rarely used by female characters.((Defendants' | > Captain Sonya Alexander (an original character) serves as the comedic relief, presenting a powerful character who provides her commentary about the battle, infused with salty language rarely used by female characters.((Defendants' | ||
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==== Axanar' | ==== Axanar' | ||
- | In a report prepared by its expert financial witness, certified public accountant Christian | + | In a report prepared by its expert financial witness, certified public accountant Christian |
+ | |||
+ | <wrap lo> | ||
==== Mockumentary Isn't New ==== | ==== Mockumentary Isn't New ==== | ||
- | * Mockumentary isn't new style for Star Trek — David Gerrold' | + | The defense had claimed that a documentary-style presentation had never been previously featured |
+ | [{{ : | ||
==== Netflix and Trademarking ' | ==== Netflix and Trademarking ' | ||
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==== Inspirations for ' | ==== Inspirations for ' | ||
- | In an attempt to distance //Axanar// from its Star Trek sources, Peters declared in one defense exhibit that //Prelude// "was inspired by works such as “M*A*S*H,” “Band of Brothers,” “Babylon 5,” “The Pacific” and “The Civil War,” all of which were viewed online, and are all publicly available." | + | In an attempt to distance //Axanar// from its Star Trek sources, Peters declared in one defense exhibit that //Prelude// "was inspired by works such as //M*A*S*H, Band of Brothers, Babylon 5, The Pacific// and //The Civil War//, all of which were viewed online, and are all publicly available." |
However, the plaintiffs noted, Peters made no reference to such inspirations among the materials he provided earlier in response to the studios' | However, the plaintiffs noted, Peters made no reference to such inspirations among the materials he provided earlier in response to the studios' | ||
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> The memories and experiences of those shows and movies are not something that is tangible [that could be provided according to the subpoena demand], as I rely on my experience and memory when creating fiction works.((Supplemental Declaration of Alec Peters in Support of Defendants' | > The memories and experiences of those shows and movies are not something that is tangible [that could be provided according to the subpoena demand], as I rely on my experience and memory when creating fiction works.((Supplemental Declaration of Alec Peters in Support of Defendants' | ||
- | Peters further disclaimed his reliance on the sourcebook, "The Four Years War," part of the copyrighted Star Trek Role-Playing Game produced by FASA under license by Paramount Pictures, stating that he made minimal use of it. The plaintiffs discounted that new claims, stating: | + | Peters further disclaimed his reliance on the sourcebook, "The Four Years War," part of the copyrighted Star Trek Role-Playing Game produced by FASA under license by Paramount Pictures, stating that he made minimal use of it. The plaintiffs discounted that new claim, stating: |
> Defendants’ argument that The Four Years War was not used as source material ignores, and fails to refute, the testimony of Prelude’s director, Christian Gossett, that Peters used The Four Years War supplement as a “bible, | > Defendants’ argument that The Four Years War was not used as source material ignores, and fails to refute, the testimony of Prelude’s director, Christian Gossett, that Peters used The Four Years War supplement as a “bible, | ||
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In addressing Peters' | In addressing Peters' | ||
- | <wrap lo>//See also: [[summary_motions_filed|Plaintiffs Cite Peters' | + | **<wrap lo>//See also: [[summary_motions_filed|Plaintiffs Cite Peters' |
Though defendants' | Though defendants' | ||
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<WRAP right round box 50%> | <WRAP right round box 50%> | ||
- | //**__« The evidence shows that [//several lines redacted//] is irrelevant and an attempt to mislead the court and the public. »__**// — // | + | //**__« The evidence shows that [//several lines redacted//] is irrelevant and an attempt |
</ | </ | ||
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- | **Keywords** {{tag> | + | **Keywords** {{tag> |