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answer [2016/05/25 03:17] – edits throughout Carlos Pedraza | answer [2016/07/18 10:55] – [Counterclaim] corrects re response to counterclaim answer Carlos Pedraza | ||
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{{:: | {{:: | ||
- | ====== Defendants' | ||
{{TOC}} | {{TOC}} | ||
+ | |||
+ | ====== Defendants' | ||
{{page> | {{page> | ||
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=== 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, |
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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==== Prelude to Axanar ==== | ==== Prelude to Axanar ==== | ||
- | {!stub:incomplete section requiring author' | + | 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' | ||
+ | |||
+ | === 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 ==== | ==== Axanar ==== | ||
- | {!stub:incomplete section requiring author' | + | |
+ | 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 //Axanar//' | ||
+ | * 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 ===== | ===== Substantial Similarity ===== | ||
- | {!stub: | + | |
+ | [[motion_to_dismiss# | ||
===== Copyright Infringement ===== | ===== Copyright Infringement ===== | ||
- | {!stub: | + | |
+ | {{section> | ||
+ | |||
+ | In the Answer, the defense offers straightforward denials to the 28 pages of examples | ||
==== Contributory Copyright Infringement ==== | ==== Contributory Copyright Infringement ==== | ||
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- | **Keywords** {{tag> | + | **Keywords** {{tag> |