Axanar meets legal resistence from CBS

[Dannyalcatraz]

I'm not at all surprised that they went from "thousands" to mere "dozens". They're probably cherrypicking a combination of the easiest ones to demonstrate and the strongest overall claims. You'd see the same kind of thing in a criminal case involving an extremely large number of potential charges. It avoids jury fatigue, and also gives the prosecutors some potential charges held in reserve if they need them for some reason.

The Vulcan appearance is easily demonstrable, but also pretty easy to defend against. But things like the uniforms from the series pilot and ESPECIALLY the Klingon language? The defense has a Herculean task to successfully defend against those.

And unless the defense wins against ALL the charges levied against them AND all related claimed are dismissed with prejudice- something pretty rare- the IP holder's legal team can use the remainder of those "thousand violations" as the basis of future lawsuits. Put differently, it is theoretically possible for Axenar to win many of the IP violation battles, but still be bankrupted.

But given the strength of some of those specific claims, I don't see this particular David beating this particular Goliath.

 

[Morrus]

It would be nice if they could just come to some kind of agreement, and continue with permission. Clearly Paramount is not willing to entertain that, which is a shame. I thought Axanar looked pretty decent, and was looking forward to it.

 

[Ryujin]

I'm not at all surprised that they went from "thousands" to mere "dozens". They're probably cherrypicking a combination of the easiest ones to demonstrate and the strongest overall claims. You'd see the same kind of thing in a criminal case involving an extremely large number of potential charges. It avoids jury fatigue, and also gives the prosecutors some potential charges held in reserve if they need them for some reason.

The Vulcan appearance is easily demonstrable, but also pretty easy to defend against. But things like the uniforms from the series pilot and ESPECIALLY the Klingon language? The defense has a Herculean task to successfully defend against those.

And unless the defense wins against ALL the charges levied against them AND all related claimed are dismissed with prejudice- something pretty rare- the IP holder's legal team can use the remainder of those "thousand violations" as the basis of future lawsuits. Put differently, it is theoretically possible for Axenar to win many of the IP violation battles, but still be bankrupted.

But given the strength of some of those specific claims, I don't see this particular David beating this particular Goliath.

Oh, I've already said that they're toast. Seemingly unlike most of the other people who had supported the crowdfunding of "Axanar", I'm not labouring under the misconception that they have a hope in hell. I am finding the process interesting though.

 

[Ryujin]

It would be nice if they could just come to some kind of agreement, and continue with permission. Clearly Paramount is not willing to entertain that, which is a shame. I thought Axanar looked pretty decent, and was looking forward to it.

As was I. It's a pity that they couldn't come to the sort of agreement that Disney has about the Star Wars properties.

 

[Ryujin]

Double post.

 

[HardcoreDandDGirl]

Oh, I've already said that they're toast. Seemingly unlike most of the other people who had supported the crowdfunding of "Axanar", I'm not labouring under the misconception that they have a hope in hell. I am finding the process interesting though.

someone must belive they stand a chance, or why would a lawyer take the case?

 

[billd91]

someone must belive they stand a chance, or why would a lawyer take the case?

To get paid.

 

[Dannyalcatraz]

I think they mentioned it was pro bono, but that doesn't mean the lawyer has no ulterior motives. Tilting at windmills can make you popular and get you publicity. That can translate into higher billable hours.

It could also be the lawyer in question is seeking to build up some pro bono hours for the resume and state bar purposes.

 

[Dannyalcatraz]

As was I. It's a pity that they couldn't come to the sort of agreement that Disney has about the Star Wars properties.

It is still possible. A lot of cases like this DO settle. And, TBH, Paramount is pretty prickly, but the House of Mouse is notorious for defending its IP. Their efforts in Litigation & Lobbying* are a big reason why copyright lasts as long as it does in the West, especially the USA.

So if Disney can settle, there's hope for whomever is sitting across from the Hired Suits of Paramount.




* my new RPG, due out Fall of 3141

 

[Ryujin]

I think they mentioned it was pro bono, but that doesn't mean the lawyer has no ulterior motives. Tilting at windmills can make you popular and get you publicity. That can translate into higher billable hours.

It could also be the lawyer in question is seeking to build up some pro bono hours for the resume and state bar purposes.

Yes, they did take the case pro bono. Building hours? Using it for notoriety? Actually support the production? Could be any reason.

It is still possible. A lot of cases like this DO settle. And, TBH, Paramount is pretty prickly, but the House of Mouse is notorious for defending its IP. Their efforts in Litigation & Lobbying* are a big reason why copyright lasts as long as it does in the West, especially the USA.

So if Disney can settle, there's hope for whomever is sitting across from the Hired Suits of Paramount.




* my new RPG, due out Fall of 3141

Here's an interesting aside: While "Axanar" is in litigation over use of IP "Star Trek Continues", who produce a show that's a direct use of IP, have just been declared a non-profit by the IRS. In other words if you're in the US and donated to their productions, retroactive to December 31, 2014, it's tax deductible.