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GustavoLeao

Axanar Countersues Paramount, CBS In Copyright Case

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Axanar Countersues Paramount, CBS In Copyright Case

If Paramount and CBS are indeed in the process of settling its copyright infringement lawsuit against an “independent” fan-film, it will now have to settle two.

That’s because the attorney representing Axanar Productions and its principal, Alec Peters, have filed a countersuit against Paramount Pictures and CBS Corp., claiming that not only has the fan-film not violated any of the Star Trek copyrights, but that the studios should be barred from suing Axanar over it again in the future.

http://airlockalpha.com/10452/axanar-countersues-paramount-cbs-in-copyright-case

Gus

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Axanar Countersues Paramount, CBS In Copyright Case

If Paramount and CBS are indeed in the process of settling its copyright infringement lawsuit against an “independent” fan-film, it will now have to settle two.

That’s because the attorney representing Axanar Productions and its principal, Alec Peters, have filed a countersuit against Paramount Pictures and CBS Corp., claiming that not only has the fan-film not violated any of the Star Trek copyrights, but that the studios should be barred from suing Axanar over it again in the future.

http://airlockalpha.com/10452/axanar-countersues-paramount-cbs-in-copyright-case

Gus

Could this be any more ridiculous?  Jeezus, Alec Peters must really think he IS the "crazy Izarian son of b!tch" Capt. Garth.   This is a new level of smug, even for him.   Maybe HE needs to be committed to the asylum on Elba II. 

CBS/Paramount is already dropping their suit, and now Axanar decides to countersue??   It's like Axanar broke into CBS' house, played with all of their toys, ate all of their food, sold the family car, and then got angry when CBS came home and called the cops.

Quick bit of advice for the Axanar team; you guys got REALLY lucky that CBS/P dropped their suit.  Axanar really needs to...

giphy.gif

 

 

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I don't understand this either. This is NOT going to end well. :( 

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Sorry to say this. but people at AXANAR should just take a pill and relax, but noooooooooo, they had to do this, huh ?

Gus

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This is the dumbest thing I have ever heard. They were in the wrong, are getting off lucky...and now they want to say "amd we should be allowed to get away wth it again! You shouldn't be allowed to hold us accountable!"

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I tend to agree that Axanar is legally in the wrong.  They are playing with fire!

On the other hand, the talk of dropping the lawsuit could be a PR stunt on the part of CBS/Paramount in the run-up to the movie with no gaurantee right now that the settlement would not conveniently fall through in August.  Axanar wants some assurances that mid-production CBS/Paramount will not cap them in the knees again.  I'm guessing they would not have filed countersuit unless CBS/Paramount is being coy about suing them in the future if they suddenly feel like they are stepping on Paramount's toes again.  The countersuit is leverage to get such a provision included in the settlement agreement.  Countersuits cost Paramount money to defend, increasing the incentive to settle.

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Reading into further it is not a countersuit, bt a counterclaim...and it is basically the crap they were gonna do before they said they were dropping it...but they are filing it because of deadlines and if they dont end up dropping it as stated they have their claims in. 

I get it...but they still have no leg to stand on in my opinion. 

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Reading into further it is not a countersuit, bt a counterclaim...and it is basically the crap they were gonna do before they said they were dropping it...but they are filing it because of deadlines and if they dont end up dropping it as stated they have their claims in. 

I get it...but they still have no leg to stand on in my opinion. 

Yes.  My guess then is that CBS/Paramount was well-aware of the pending counnterclaim and that it will not really upset the settlement talks.

Edited by Locutus

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Counter suit is foolish. Star Trek belongs to CBS and Paramount. Axanar should not counter. It shows them to be 'not firing on all thrusters'.

The reason Phase 2 was able to at first do stories is that some of them worked on Star Trek, mainly DS9, and James Calway provided them with model and set designs for Trials and Tribble-ations. They worked on it with Drexler and the Okudas, also, and got caught after it was released. Those producers then backed off and let the fans take over. The story is on this TrekYards fan site I stumbled across. It makes sense. Since Drexler had left the project, the later episodes were not as good.

Trekyards EP150 - Phase 2/New Voyages with Doug Drexler - YouTube Video for trekyards phase 2 ▶ 30:36 https://www.youtube.com/watch?v=8AM0AOdAPWE

Continues is something else, but also it has connections.

Renegades had connections during Of Gods and Men. It isn't so much a fan film series as a satellite Paramount continuity, well an unofficial one.

 

This should probably be linked to the over all Axanar lawsuit thread.

Edited by Chimera82405

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Counter suit is foolish. Star Trek belongs to CBS and Paramount. Axanar should not counter. It shows them to be 'not firing on all thrusters'.

The reason Phase 2 was able to at first do stories is that some of them worked on Star Trek, mainly DS9, and James Calway provided them with model and set designs for Trials and Tribble-ations. They worked on it with Drexler and the Okudas, also, and got caught after it was released. Those producers then backed off and let the fans take over. The story is on this TrekYards fan site I stumbled across. It makes sense. Since Drexler had left the project, the later episodes were not as good.

Trekyards EP150 - Phase 2/New Voyages with Doug Drexler - YouTube Video for trekyards phase 2 ▶ 30:36 https://www.youtube.com/watch?v=8AM0AOdAPWE

Continues is something else, but also it has connections.

Renegades had connections during Of Gods and Men. It isn't so much a fan film series as a satellite Paramount continuity, well an unofficial one.

 

This should probably be linked to the over all Axanar lawsuit thread.

No, Cawley and New Voyages did not provide models and sets for DS9's "Trials and Tribble-ations."    The models of K-7 and the Enterprise were built by the modeling crew which included the recently deceased Gary Hutzel, and the sets were built and shot at Paramount Studios.  DS9's Trials and Tribble-ations was filmed in 1996 for the then-30th anniversary of Star Trek.

Cawley hadn't even started making his New Voyages fan films till the early 2000s.    Cawley and company did however, loan pieces of their TOS bridge set to ENT for "In A Mirror Darkly" parts 1 and 2.

Just for clarity. :)

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Some "designs" were used but not the actual sets. Doug Drexler's interview in that link is specific that there was something going on even back in 1996 and he was part of it. It may have taken them awhile to complete the film, but it was interesting in that Paramount didn't immediate fire Drexler for his helping out on the fan film. It was one of the first big budget fan films at the time, and this is in the early Internet days.

Yes, not whole sets, but more like inspiration. The Okudas and Drexler asked the Continues people. They only had the one set from Relics at first and had to work with that. It is not the same set at in the fan film. They may have asked other people too. It's very like a collaborative effort. Online there is a walk through the set with the Okudas, from DS9, which likely confused me.

Gary Hutzlel is remembered in the trekyards story as having done those sets you speak of.

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Wow.  Is this some kind of stupid on there behalf or what?  You don't reply to word Paramounts going to end their lawsuit against you by counter-suing like some jackass! 

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I can't imagine an upside for Axanar studios on this.  I would have thought they'd be really happy to have gotten away with burglary - as Sehlat Vie says above (very nice by the way).

I can't see how this'll help their PR either, and isn't that what they'll be depending on again in the future?

ME

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And I was pointing out merely how some other fan films did it the right way and found a means to get permission, through people involved in Staer Trek somehow, but yeah, Axanar is wrong. I will not give them any kick starter funds. It is highly illogical.

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http://www.treknews.net/2016/05/28/axanar-lawsuit-update-proposed-fan-film-guidelines/

Alec Peters apparently offered up these proposed guidelines that he wants CBS to accept and impose, which to me seems both silly (I'm the screw up and yet I'm gonna tell YOU how to do it?)  and seems to try and ensure that only his film will be of the close to Hollywood level quality (no crowdfunding allowed at all, no longer than 50 minutes in length).  This seems VERY self serving and trying to make sure he is the only one who comes close to the sun. 

Something about Axanar comes off as if this was all his plan to begin with.  Does he have stock in the law firm they advertise with each blog update on the lawsuit?  It seems as if half of the rules he is proposing and believes are the right way to go are ones HE HIMSELF broke in order to make Axanar.  I just don't get this jerk.  He practically ruined the whole fan film community with this thing, and now he believes he has the right rules to fix it all. 

I think CBS and Paramount would do good to ignore this guy when it comes to what the guidelines should be.  It all seems very self serving. 

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There is zero way I would tolerate this.

For this level of arrogance alone I would pull the plug on fan films in perpetuity and sue him into utter destitution.

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Just the smuggest most arrogant kinda guy. I'm glad I never contributed to this thing.  I'd feel very swindled at this point. 

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There is zero way I would tolerate this.

For this level of arrogance alone I would pull the plug on fan films in perpetuity and sue him into utter destitution.

^
This.

Just the smuggest most arrogant kinda guy. I'm glad I never contributed to this thing.  I'd feel very swindled at this point. 

giphy.gif  <<  Me... :P

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There is zero way I would tolerate this.

For this level of arrogance alone I would pull the plug on fan films in perpetuity and sue him into utter destitution.

^
This.

Just the smuggest most arrogant kinda guy. I'm glad I never contributed to this thing.  I'd feel very swindled at this point. 

giphy.gif  <<  Me... :P

http://66.media.tumblr.com/4847cb2a4dd44446675c26c38d762ae0/tumblr_ns946mCsWO1usoe2vo4_250.gif

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There is zero way I would tolerate this.

For this level of arrogance alone I would pull the plug on fan films in perpetuity and sue him into utter destitution.

^
This.

Just the smuggest most arrogant kinda guy. I'm glad I never contributed to this thing.  I'd feel very swindled at this point. 

giphy.gif  <<  Me... :P

http://66.media.tumblr.com/4847cb2a4dd44446675c26c38d762ae0/tumblr_ns946mCsWO1usoe2vo4_250.gif

It wasn't very much... not like I'd forsaken a mortgage payment or anything. :laugh:

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There is zero way I would tolerate this.

For this level of arrogance alone I would pull the plug on fan films in perpetuity and sue him into utter destitution.

^
This.

Just the smuggest most arrogant kinda guy. I'm glad I never contributed to this thing.  I'd feel very swindled at this point. 

giphy.gif  <<  Me... :P

http://66.media.tumblr.com/4847cb2a4dd44446675c26c38d762ae0/tumblr_ns946mCsWO1usoe2vo4_250.gif

It wasn't very much... not like I'd forsaken a mortgage payment or anything. :laugh:

I would hope not...you seem to rational a person to do such a thing!

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I saw a graphic somewhere that listed all fan film productions that were willing to go by these new "guidelines"... it was Axanar and one other, all the other fan film productions apparently said "no way" and "Peters doesn't speak for us". Of course it was just a graphic and I have no idea if it's true and they all said "no way" but it's certainly possible. If I were a fan film maker I'd have to resist the urge to grab that Peters guy and yell some sense into him. (He's making fan fic writer me angry enough though, no worries there.)

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It almost feels like he hates fan films...and he concocted a crazy scheme to end them once and for all!

What a lame super-villain storyline...

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There is zero way I would tolerate this.

For this level of arrogance alone I would pull the plug on fan films in perpetuity and sue him into utter destitution.

^
This.

Just the smuggest most arrogant kinda guy. I'm glad I never contributed to this thing.  I'd feel very swindled at this point. 

giphy.gif  <<  Me... :P

http://66.media.tumblr.com/4847cb2a4dd44446675c26c38d762ae0/tumblr_ns946mCsWO1usoe2vo4_250.gif

It wasn't very much... not like I'd forsaken a mortgage payment or anything. :laugh:

I would hope not...you seem to rational a person to do such a thing!

And cheap, too... :giggle:

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http://www.treknews.net/2016/05/28/axanar-lawsuit-update-proposed-fan-film-guidelines/

Alec Peters apparently offered up these proposed guidelines that he wants CBS to accept and impose, which to me seems both silly (I'm the screw up and yet I'm gonna tell YOU how to do it?)  and seems to try and ensure that only his film will be of the close to Hollywood level quality (no crowdfunding allowed at all, no longer than 50 minutes in length).  This seems VERY self serving and trying to make sure he is the only one who comes close to the sun. 

Something about Axanar comes off as if this was all his plan to begin with.  Does he have stock in the law firm they advertise with each blog update on the lawsuit?  It seems as if half of the rules he is proposing and believes are the right way to go are ones HE HIMSELF broke in order to make Axanar.  I just don't get this jerk.  He practically ruined the whole fan film community with this thing, and now he believes he has the right rules to fix it all. 

I think CBS and Paramount would do good to ignore this guy when it comes to what the guidelines should be.  It all seems very self serving. 

I have edited this down into something lawfully reasonable. The guidelines they made are self serving and do not reflect the studio system, near as it appears online.

This is just my two cents. I am not a copyright lawyer.

But as a fan film guy, I do not like some of those rules.

The key point is that fan films should exist, but not profit from, the existing brand. You can have a Star Trek related fan film, just so producing it is considered a gift, and isn't going to sell merch or DVDs.

Proposed Star Trek Fan Film Guidelines

  1. There must be the following disclaimer at the end of each episode and in all promotional and marketing materials, on all fan production websites:

    Star Trek and all related marks, logos and characters are solely owned by CBS Studios Inc. This fan production is not endorsed by CBS, Paramount Pictures, and is a non-commercial fan made film. If it is on YouTube, it mus follow DMCA guidelines.

  2. Fan productions may not sell any item with a Star Trek trademark.
  3. Fan Productions may use Kickstarter, Indiegogo, or other crowdfunding platform to raise money as long as it is for a gift only and not for profit.
  4. Fan productions may take donations but not salaries to actors or production.
  5. Fan Productions may not pay professional cast and crew for their time working on the production.
  6. If a production uses a SAG member, it must be unpaid as a gift.
  7. Finished fan films may be any length but it is encouraged to be brief, episodic, and possibly 45 minutes long. It doesn't matter how long.
  8. Fan film makers cannot use for any profit CBS or Paramount merch unless it is for non profit, non commercial, unpaid promotion of the film.
Edited by Chimera82405

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