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| + | {{:: | ||
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| ===== Attorneys Focus on Axanar Jury Selection ===== | ===== Attorneys Focus on Axanar Jury Selection ===== | ||
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| Both sides in the Axanar copyright infringement suit have asked for a jury trial, banking on their ability to find jurors sympathetic to their case. | Both sides in the Axanar copyright infringement suit have asked for a jury trial, banking on their ability to find jurors sympathetic to their case. | ||
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| + | Attorneys submitted their proposed questions to U.S. District Court [[judge_r._gary_klausner|Judge R. Gary Klausner]] on December 30, 2016. The first days of Axanar' | ||
| <WRAP right round info 50%> | <WRAP right round info 50%> | ||
| - | Background on jury selection for civil trials. | + | <wrap lo> |
| </ | </ | ||
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| - | Attorneys submitted their proposed questions to U.S. District Court [[judge_r._gary_klausner|Judge R. Gary Klausner]] on December 30, 2016. The first days of Axanar' | ||
| According to [[http:// | According to [[http:// | ||
| > Voir dire essentially consists of the questions the lawyers can ask the prospective jurors. So recognize most of these Axanar Pretrial Voir Dire questions are rather standard, (e.g., questions concerning educational levels, whether a person has seen press coverage of the case, etc.).(([[http:// | > Voir dire essentially consists of the questions the lawyers can ask the prospective jurors. So recognize most of these Axanar Pretrial Voir Dire questions are rather standard, (e.g., questions concerning educational levels, whether a person has seen press coverage of the case, etc.).(([[http:// | ||
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| ==== Defendants' | ==== Defendants' | ||
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| protection under the law? \\ | protection under the law? \\ | ||
| 29. Some people think that intellectual property is different than regular property, and that stealing intellectual property is not as bad as stealing regular property. Do you agree with that? \\ | 29. Some people think that intellectual property is different than regular property, and that stealing intellectual property is not as bad as stealing regular property. Do you agree with that? \\ | ||
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| <-- | <-- | ||
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| 39. CBS Studios and Paramount Pictures are large companies. Do you | 39. CBS Studios and Paramount Pictures are large companies. Do you | ||
| think that you can treat them equally with the individual defendants, and that you will not be swayed by sympathy for the “smaller guy”? \\ | think that you can treat them equally with the individual defendants, and that you will not be swayed by sympathy for the “smaller guy”? \\ | ||
| - | 40. Do you know Jonathan Zavin, David Grossman, Jennifer Jason, or their firm Loeb & Loeb LLP, who are the attorneys for the plaintiffs? \\ | + | 40. Do you know Jonathan Zavin, David Grossman, Jennifer Jason, or their firm, Loeb & Loeb LLP, who are the attorneys for the plaintiffs? \\ |
| <-- | <-- | ||
| - | --> | + | --> Witnesses# |
| - | 41. You may hear testimony from a number of expert witnesses. Are you acquainted with or do you know anything about the following potential witnesses: | + | 41. You may hear testimony from a number of expert witnesses. Are you acquainted with or do you know anything about the following potential witnesses: |
| - | b. Henry Jenkins | + | * [[witness_list# |
| - | 42. You may hear testimony during trial from a number of other witnesses. | + | * [[witness_list# |
| - | Are you acquainted with or do you know anything about the following potential | + | 42. You may hear testimony during trial from a number of other witnesses. Are you acquainted with or do you know anything about the following potential witnesses: |
| - | witnesses: | + | * [[Alec Peters]] |
| - | a. Alec Peters | + | * [[perks|Diana Kingsbury]] |
| - | b. Diana Kingsbury | + | * [[terry_mcintosh|Terry McIntosh]] |
| - | c. Terry McIntosh | + | * [[gossett-subpoena|Christian Gossett]] |
| - | d. Christian Gossett | + | * [[cbs_officials|Bill Burke]] |
| - | e. Bill Burke | + | * [[cbs_officials|John Van Citters]] |
| - | f. John Van Citters | + | * [[o_rourke_deposition|Dan O’Rourke]] |
| - | g. Dan O’Rourke | + | * [[Robert Meyer Burnett]] |
| - | h. Robert Meyer Burnett | + | * [[podcast-40-fact-check|Bill Hunt]] |
| - | i. Bill Hunt | + | * [[witness_list|Reece Watkins]] |
| - | j. Reece Watkins | + | * [[fan_film_factor|Jonathan Lane]] |
| - | k. Jonathan Lane | + | * [[witness list|Liz Kalodner]] |
| - | l. Liz Kalodner | + | * [[witness list|Justin Lin]] |
| - | m. Justin Lin | + | * [[witness list|J..J. Abrams]] |
| - | n. J.J. Abrams | + | |
| - | 43. Do you read entertainment blogs like The Hollywood Reporter? Do | + | <-- |
| - | you read “amateur” or online blogs, or listen to podcasts about Star Trek or other science fiction works? Do you read any “tech” blogs, such as Tech Crunch, | + | --> Reading Habits# |
| - | Mashable, Giga Om, or Gizmodo? | + | 43. Do you read entertainment blogs like The Hollywood Reporter? Do you read “amateur” or online blogs, or listen to podcasts about Star Trek or other science fiction works? Do you read any “tech” blogs, such as Tech Crunch, Mashable, Giga Om, or Gizmodo? |
| + | |||
| + | <-- | ||
| + | --> Crowdfunding# | ||
| 44. Have you ever donated money via crowdfunding for fan fiction, | 44. Have you ever donated money via crowdfunding for fan fiction, | ||
| including on Kickstarter or Indiegogo? | including on Kickstarter or Indiegogo? | ||
| - | 45. Have you read or heard anything about this case? | + | |
| - | 46. Do you think that you are good at deciding if someone is telling the | + | <-- |
| - | truth? Do you think that you are not good at deciding if someone is telling the truth? | + | --> Judging this Lawsuit# |
| + | 45. Have you read or heard anything about this case? \\ | ||
| + | 46. Do you think that you are good at deciding if someone is telling the truth? Do you think that you are not good at deciding if someone is telling the truth? | ||
| 47. Do you believe that it is appropriate to make money from someone | 47. Do you believe that it is appropriate to make money from someone | ||
| - | else’s work? | + | else’s work? \\ |
| - | 48. Have you seen or heard anything that would make it hard for you to | + | 48. Have you seen or heard anything that would make it hard for you to guarantee that you will judge the parties equally? |
| - | guarantee that you will judge the parties equally? | + | 49. Do you have strong feelings about damage awards in lawsuits? Do you believe that damages should be capped at a certain level in litigation? |
| - | 49. Do you have strong feelings about damage awards in lawsuits? Do you | + | |
| - | believe that damages should be capped at a certain level in litigation? | + | <-- |
| + | \\ | ||
| + | |||
| + | === What Lies Behind the Questions? === | ||
| + | |||
| + | As noted by Gershen-Siegel in Semantic Shenanigans, | ||
| + | * Whether the prospective juror might be biased against large corporations like the plaintiffs in favor of "the little guy." | ||
| + | * Prospective jurors' | ||
| + | |||
| + | She wrote: | ||
| + | |||
| + | > Hence as might be expected, plaintiffs need to concern themselves with potential jurors who might ignore the facts and instead seek their own brand of ‘justice’ (an issue for either side, I might add). \\ \\ Furthermore, | ||
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| + | ---- | ||
| + | **Keywords** {{tag> | ||