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+ | ====== Defense Gives Up on Disputed Star Trek Copyrights ====== | ||
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+ | **// | ||
+ | {{TOC}} | ||
+ | < | ||
+ | //**__ __ **// <wrap lo>**By [[user> | ||
+ | </ | ||
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+ | While attorneys in the Axanar [[copyright infringement]] [[lawsuit]] continued their dispute over what [[discovery|evidence]] should be turned over, one issue got resolved — the defense' | ||
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+ | On October 7, 2016, following up on a [[compel_discovery|motion to compel discovery]] filed a week prior by Axanar attorney [[Erin Ranahan]], the defense told the court that plaintiffs continued to stonewall the defense by " | ||
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+ | The court documents offered a public peek at what had been going on behind the scenes during the lawsuit' | ||
+ | ===== Trek's Copyright Ownership ===== | ||
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+ | First raised as an issue in the defense' | ||
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+ | ==== Gene Roddenberry ==== | ||
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+ | Throughout the motion to compel, Ranahan asserted that Star Trek creator Gene Roddenberry had [[compel_discovery# | ||
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+ | [{{ :: | ||
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+ | In the newest filing, the defense admitted the studios' | ||
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+ | > Plaintiffs produced the missing chain of title documents on September 27, 2016 (long after they agreed to do so). … Thus, Defendants withdraw their Motion with respect to … documents related to copyright ownership.((Defendants' | ||
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+ | While the supplemental motion did not explicitly state the defense would abandon this line of argument, the documents presumably confirmed the studios' | ||
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+ | ===== Plaintiffs Stonewalling ===== | ||
+ | |||
+ | The supplemental motion pointed to specific types of records the defense needed to make its case in these areas: | ||
+ | * **Damages** Alleged damages by Axanar' | ||
+ | * **Fair Use** The [[fair use]] defense Axanar wants to mount against copyright infringement. | ||
+ | * **Willfulness** The defendants' | ||
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+ | [{{ :: | ||
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+ | ==== J.J. Abrams and Justin Lin ==== | ||
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+ | In her declaration attached to the supplemental memo, Ranahan asserted that plaintiffs' | ||
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+ | ==== Defense Complaints ==== | ||
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+ | The disputed issues were chronicled in a chain of emails exchanged between attorneys on the two sides. | ||
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+ | <WRAP right round download 50%> | ||
+ | <wrap lo>< | ||
+ | [[https:// | ||
+ | [[https:// | ||
+ | [[https:// | ||
+ | </ | ||
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+ | === Delayed Responses from Plaintiffs === | ||
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+ | In a September 26 email, Ranahan inquired of the studios attorneys about long-delayed responses to three sets of written questions (answered under oath), known as [[discovery# | ||
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+ | > Can you please send those ASAP? Back in June you assured we would have these shortly. We would like them in advance of the depositions this week.((Email from Erin Ranahan, Winston & Strawn, to David Grossman, Loeb & Loeb, 9/26/16.)) | ||
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+ | Twenty minutes later, Loeb attorney David Grossman assured Ranahan the completed interrogatories would be delivered in a few days. | ||
+ | |||
+ | === Internal Discussions About the Lawsuit === | ||
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+ | Throughout discovery, Loeb has asserted that many of the documents and communication sought by the defense are protected by privilege, such as plaintiffs' | ||
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+ | {{page> | ||
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+ | But the defense specifically sought communications, | ||
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+ | == Common Interest Privilege == | ||
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+ | The //common interest privilege// Loeb asserted is sometimes known as the “joint defense privilege." | ||
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+ | <WRAP right round box 50%> | ||
+ | //**__« Defendants’ counsel did not ask what the revenue for that [Star Trek] film was … but only what Paramount’s ' | ||
+ | </ | ||
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+ | In his emailed reply, Grossman told Ranahan the common interest discussion to which she referred was only about whether the principle extended to discussions taking place before the suit was filed. "I believe that it does," Grossman wrote. " | ||
+ | |||
+ | === Privilege Log === | ||
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+ | How and which records were withheld by both sides became an issue of contention, according to emails attached to the defense' | ||
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+ | For example, Ranahan reminded Grossman that plaintiffs had agreed to produce a " | ||
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+ | <WRAP right round box 50%> | ||
+ | //**__« It sounds like you have taken a far broader interpretation of privilege; hence, the need to review your privilege log. »__**// — //Axanar attorney Erin Ranahan to plaintiffs// | ||
+ | </ | ||
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+ | While a privilege log may have been discussed at the June meeting to which Ranahan referred, Grossman said, "I don't recall any agreement on a privilege log. They are generally not productive but if you are demanding that a log be provided, let us know when the defendants intend to provide theirs." | ||
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+ | In her reply, Ranahan recalled that she and Loeb's lead attorney, [[Jonathan Zavin]] specifically discussed the privilege log in June. While Zavin also said such logs were not helpful, she explained that in a recent case she was able to obtain documents previously designated privileged: | ||
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+ | > We do believe privilege logs can be useful, especially in a case like this, because you are withholding documents that we may want to challenge as not‐privileged based on those that are party to the communications (which will be apparent from the privilege log itself). … It sounds like you have taken a far broader interpretation of privilege; hence, the need to review your privilege log.((Email from Erin Ranahan, Winston & Strawn, to David Grossman, Loeb & Loeb, 9/26/16.)) | ||
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+ | == Defense' | ||
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+ | Meanwhile, Ranahan claimed defendants did not withhold any records as privileged from before the lawsuit was filed; only post‐lawsuit communications including an attorney were withheld. However, Grossman challenged Ranahan' | ||
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+ | Also, based on public statements by defendant Peters, Grossman pushed back against Ranahan' | ||
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+ | [{{ :: | ||
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+ | > As for your assertion that there is nothing privileged that has been withheld by Alec Peters and Axanar, I am not sure that is correct as <wrap hi>Alec has publicly stated that he has spoken with other attorneys other than you — both before and after you were retained</ | ||
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+ | === Disputes Over Fan Films === | ||
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+ | In its supplemental motion, the defense clarified what they were striving to demonstrate by seeking information about how the studios treated fan films: | ||
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+ | > Defendants are not seeking this information to argue that Plaintiffs should have sued any other fan film. Defendants are seeking information regarding Plaintiffs’ treatment of other fan films that could demonstrate that Plaintiffs recognize the promotional value of fans creating their own fiction — a fact that can be inferred by the very existence of the fan film guidelines, and may be bolstered by other internal documents. Defendants’ expert(s) cannot analyze such documents for this purpose if Plaintiffs refuse to provide them to Defendants. | ||
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+ | Even so, the plaintiffs responded that such a point remains irrelevant since //Axanar// was not to be a fan film, but (in Peters' | ||
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+ | > As Defendants themselves have underscored, | ||
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+ | ===== Plaintiffs' | ||
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+ | For their part, the studios had one of their attorneys, Jennifer Jason, filed a supplemental motion repeating the major points in their original response to the defense motion to compel: | ||
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+ | [{{ : | ||
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+ | * The defense seeks documents that do not exist. | ||
+ | * The plaintiffs have already agreed to provide the requested information. | ||
+ | * The defendants' | ||
+ | * Defense requests for a half-century' | ||
+ | |||
+ | ==== Sources for Axanar Story ==== | ||
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+ | In their subpoenas, Loeb asked Axanar witnesses to provide materials they used to create //Prelude to Axanar// and the planned feature, //Axanar//, but Grossman told Ranahan he was concerned Peters, director [[Robert Meyer Burnett]] and co-writer Bill Hunt had not provided all the requested sources: | ||
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+ | > They have publicly stated that documents — that have not yet been produced — were used to create the Axanar works, and yet those documents have not yet been provided.((Email from David Grossman, Loeb & Loeb, to Erin Ranahan, Winston & Strawn, 9/29/16.)) | ||
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+ | Ranahan told Grossman if he was looking for a specific document, he should just ask in depositions.((Email from Erin Ranahan, Winston & Strawn, to David Grossman, Loeb & Loeb, 10/24/16.)) Grossman pushed back: | ||
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+ | > I requested that you speak to your clients and provide confirmation that all such documents have been produced. Your email is not responsive to that request. Please respond and confirm that all documents that were used to create the Axanar works have been produced, and that you have confirmed that fact with your clients (including Rob Burnett and Bill Hunt).((Email from David Grossman, Loeb & Loeb, to Erin Ranahan, Winston & Strawn, 10/4/16.)) | ||
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+ | [{{ : | ||
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+ | ==== Representing Third-Party Witnesses ==== | ||
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+ | **AxaMonitor** reported in September that Ranahan may have reached out to [[gossett-subpoena# | ||
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+ | Grossman' | ||
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+ | > You have not responded to my question from last week regarding the third-party witnesses you are representing and whether you will be producing their documents this week. These deponents were [served subpoenas] several weeks ago and while we agreed to move the depositions at your firm's request to October, we did not agree to delay the production of documents and I requested your agreement that those documents would be produced ahead of time.((Email from David Grossman, Loeb & Loeb, to Erin Ranahan, Winston & Strawn, 9/26/16.)) | ||
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+ | ---- | ||
+ | **Keywords** {{tag> |