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answer [2016/05/24 20:52] – adds splash image; Carlos Pedraza | answer [2016/07/18 10:55] – [Counterclaim] corrects re response to counterclaim answer Carlos Pedraza | ||
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{{:: | {{:: | ||
+ | {{TOC}} | ||
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====== Defendants' | ====== Defendants' | ||
{{page> | {{page> | ||
- | Following two unsuccessful motions to dismiss the [[copyright infringement]] | + | Following two unsuccessful motions to dismiss the [[copyright infringement]] lawsuit against them, [[Axanar Productions]] and producer |
- | The Answer included a counterclaim by the defendants, seeking | + | The Answer included a counterclaim by the defendants, seeking |
{{page> | {{page> | ||
===== Legal Reprieve? ===== | ===== Legal Reprieve? ===== | ||
+ | |||
+ | <WRAP center round right download 50%> | ||
+ | <wrap lo> | ||
+ | </ | ||
The Answer was filed just three days after Star Trek producer J.J. Abrams and //Star Trek Beyond// director Justin Lin announced at a fan event in Los Angeles that they had interceded with the plaintiffs on Axanar' | The Answer was filed just three days after Star Trek producer J.J. Abrams and //Star Trek Beyond// director Justin Lin announced at a fan event in Los Angeles that they had interceded with the plaintiffs on Axanar' | ||
- | The May 20 statement was widely construed by the media as CBS and Paramount dropping or withdrawing the suit, although a followup statement by Paramount clarified the two sides were negotiating a settlement. | + | The May 20 statement was widely construed by the media as [[CBS]] and [[paramount_pictures|Paramount]] dropping or withdrawing the suit, although a followup statement by Paramount clarified the two sides were negotiating a settlement, and drafting a set of [[copyright infringement# |
==== Counterclaim ==== | ==== Counterclaim ==== | ||
- | Had the studios planned on withdrawing their suit, that possibility was foreclosed on May 23 by the Answer' | + | Had the studios planned on withdrawing their suit, that possibility was foreclosed on May 23 by the Answer' |
By asserting their own claims against the plaintiffs, the defendants now "put the plaintiffs into a defensive posture regarding these counterclaims, | By asserting their own claims against the plaintiffs, the defendants now "put the plaintiffs into a defensive posture regarding these counterclaims, | ||
Line 23: | Line 29: | ||
=== The Suit Must Go On === | === The Suit Must Go On === | ||
- | Under the Federal Rules of Civil Procedure, the plaintiffs must defend against the counterclaims | + | Under the Federal Rules of Civil Procedure, the plaintiffs must defend against the counterclaims, starting with a 21-day deadline to file their own Answer.(([[https:// |
A prepared statement on behalf of Axanar Productions stated the defendants had to proceed with filing their Answer, including the counterclaims, | A prepared statement on behalf of Axanar Productions stated the defendants had to proceed with filing their Answer, including the counterclaims, | ||
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> This filing was necessary because, despite J.J. Abrams’ assurance that the lawsuit would be “going away,” and confirmation that CBS is in settlement talks and finally working on fan film guidelines, Paramount and CBS have not yet dismissed the lawsuit. Axanar Productions must therefore meet deadlines set by the court and proceed as if the lawsuit will continue until the situation is resolved.(([[face> | > This filing was necessary because, despite J.J. Abrams’ assurance that the lawsuit would be “going away,” and confirmation that CBS is in settlement talks and finally working on fan film guidelines, Paramount and CBS have not yet dismissed the lawsuit. Axanar Productions must therefore meet deadlines set by the court and proceed as if the lawsuit will continue until the situation is resolved.(([[face> | ||
- | ===== Responses to Plaintiffs' | + | Ironically, if the defendants had wanted the plaintiffs to simply withdraw the suit, the counterclaim made it impossible for them to do so. That meant the way to resolve the suit was now only through protracted settlement negotiations. |
+ | |||
+ | === What Axanar Wants === | ||
+ | |||
+ | Meanwhile, Axanar attorney Ranahan told the Axanar-supporter blog, Fan Film Factor, the defense sought only "a single claim for declaratory relief [and that] this claim is not ‘upping the ante’ given that we are not seeking any monetary damages, but simply a declaration of fair use or non-infringement." | ||
+ | |||
+ | The actual Answer, however, asks for two other things Ranahan did not include in her interview with Fan Film Factor, both of which may involve money: | ||
+ | * Defendants' | ||
+ | * Additional relief the court finds "just, proper, and equitable." | ||
+ | |||
+ | ===== Responses | ||
+ | |||
+ | For almost half the pleading' | ||
+ | |||
+ | Throughout the Answer, Ranahan supports the her position with the phrase, " | ||
+ | |||
+ | ==== What Axanar Admits ==== | ||
+ | |||
+ | In the pleading, the defendants admit about the nature of the suit only that they: | ||
+ | |||
+ | * Produced the short film, //Prelude to Axanar//. | ||
+ | * Intended to produce the feature, // | ||
+ | * Created, and continued to develop, a script for // | ||
+ | * Raised more than $1 million in fan donations to produce //Prelude to Axanar// and // | ||
+ | |||
+ | ==== What Axanar Denies ==== | ||
+ | |||
+ | In the pleading, the defendants denied that: | ||
+ | |||
+ | * //Prelude// and //Axanar// (together referred to by the plaintiffs as the “Axanar Works”) infringe, are substantially similar to, or are derivative of Star Trek. | ||
+ | * The Axanar Works are intended to be professional quality productions. | ||
+ | * The defendants, by their own admission, unabashedly took Paramount’s and CBS’s intellectual property to make a "true Star Trek movie.” | ||
+ | * The $1 million in fan donations included paying for building out a studio. | ||
+ | |||
+ | In denying these claims, the defense argued they were legal conclusions to which no response is required, other than to deny the allegations. | ||
+ | |||
+ | ===== Jurisdiction and Venue ===== | ||
+ | |||
+ | Apart from the defense' | ||
+ | |||
+ | ===== The Parties to the Suit ===== | ||
+ | |||
+ | Apart from the defense' | ||
+ | |||
+ | ==== The Doe Defendants | ||
+ | |||
+ | The Answer issued a blanket denial of claims related to the unnamed [[does|' | ||
+ | |||
+ | ===== Plaintiffs' | ||
+ | |||
+ | The Answer issued a blanket denial of the plaintiffs' | ||
+ | |||
+ | ==== Prelude to Axanar ==== | ||
+ | The pleading states the following about the the plaintiffs' | ||
+ | |||
+ | === What Defendants Admit === | ||
+ | |||
+ | In the Answer, the defendants admit that: | ||
+ | |||
+ | * Received donations via [[prelude_kickstarter_details|Kickstarter]] to produce the short film. | ||
+ | * Peters was involved in writing //Prelude to Axanar//, though any involvement by as-yet-unnamed defendants, as cited in the complaint, must be proved by the plaintiffs. | ||
+ | * Axanar Productions produced //Prelude to Axanar//. | ||
+ | * //Prelude to Axanar// was posted on Youtube in 2014. | ||
+ | * //Prelude// was inspired by Star Trek, and tells an as-yet-untold story about Garth of Izar. | ||
+ | * A statement describing the Star Trek elements featured in //Prelude// was part of that film's Kickstarter campaign.((The statement from Kickstarter, | ||
+ | |||
+ | === What Defendants Deny === | ||
+ | |||
+ | In the Answer, the defendants deny that: | ||
+ | |||
+ | * //Prelude to Axanar// is an infringing work. | ||
+ | * //Prelude// is or was intended to be a derivative work, or that it infringes Plaintiffs’ works. | ||
+ | * The full title of //Prelude to Axanar// is //Star Trek: Prelude to Axanar//. | ||
+ | |||
+ | ==== Axanar ==== | ||
+ | |||
+ | The pleading states the following about the the plaintiffs' | ||
+ | |||
+ | === What the Defendants Admit === | ||
+ | |||
+ | In the Answer, the defendants admit they: | ||
+ | |||
+ | * Received donations via Kickstarter and Indiegogo to fund // | ||
+ | * Have created multiple versions of the //Axanar// script. | ||
+ | * Released the “[[Vulcan Scene]]” in 2015. | ||
+ | * Peters was involved in writing //Axanar//, though any involvement by as-yet-unnamed defendants, as cited in the complaint, must be proved by the plaintiffs. | ||
+ | * Began production on //Axanar// but halted after the lawsuit was filed. | ||
+ | |||
+ | === What the Defendants Deny === | ||
+ | |||
+ | In the Answer, the defendants deny: | ||
+ | |||
+ | * That all the versions of // | ||
+ | * They filmed any other scene from //Axanar// apart from the “Vulcan Scene.” | ||
+ | * Production activities by unnamed ' | ||
+ | * What Star Trek elements they intend to incorporate into //Axanar// since the lawsuit has " | ||
+ | * They have completed one-third of the visual effects //Axanar//. As recently as April 2, 2016, however, the production' | ||
+ | * That Peters " | ||
+ | |||
+ | ===== Substantial Similarity ===== | ||
+ | |||
+ | [[motion_to_dismiss# | ||
+ | |||
+ | ===== Copyright Infringement ===== | ||
+ | |||
+ | {{section> | ||
+ | |||
+ | In the Answer, the defense offers straightforward denials to the 28 pages of examples | ||
+ | |||
+ | ==== Contributory Copyright Infringement ==== | ||
+ | {!stub: | ||
+ | |||
+ | ==== Vicarious Copyright Infringement ==== | ||
+ | {!stub: | ||
+ | |||
+ | === Direct Financial Benefit === | ||
+ | "The allegations in paragraph 62 constitute legal conclusions to which no required. To the extent a response is required, Defendants deny the allegations." | ||
+ | |||
+ | {!stub: | ||
+ | |||
+ | ==== Declaratory Judgment ==== | ||
+ | {!stub: | ||
+ | |||
+ | ===== Affirmative Defenses ===== | ||
+ | {!stub: | ||
+ | |||
+ | - (Fair Use) | ||
+ | - (Waiver) | ||
+ | - (Unclean Hands) | ||
+ | - (First Amendment) | ||
+ | - (Estoppel) | ||
+ | - (Failure to Mitigate Damages) | ||
+ | - (Acknowledgment, | ||
+ | - (Failure to Register) | ||
+ | - (Invalidity of Unenforceability of Copyright) | ||
+ | - (Authorized Use) | ||
+ | - (Forfeiture or Abandonment) | ||
+ | - (Misuse of Copyright) | ||
+ | - (Constitutionally Excessive Damages) | ||
+ | - (Lack of Standing) | ||
+ | |||
+ | ==== Additional Defenses ==== | ||
+ | {!stub: | ||
+ | |||
+ | ===== Nature of Counterclaim ===== | ||
+ | {!stub: | ||
+ | |||
+ | === The Story of Alec Peters === | ||
+ | {!stub: | ||
+ | |||
+ | === Abrams' | ||
+ | {!stub: | ||
+ | |||
+ | ==== Fair Use Protection ==== | ||
+ | {!stub: | ||
+ | |||
+ | ==== Non-Violation of Plaintiffs' | ||
+ | {!stub: | ||
+ | |||
+ | ==== Demand for Jury Trial ==== | ||
+ | {!stub: | ||
- | ==== Direct Financial Benefit ==== | ||
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- | **Keywords** {{tag> | + | **Keywords** {{tag> |