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answer [2016/05/25 01:41] – [Counterclaim] edits for clarification. Carlos Pedraza | answer [Unknown date] (current) – external edit (Unknown date) 127.0.0.1 | ||
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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, | ||
Line 36: | Line 37: | ||
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. | 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. | ||
- | Meanwhile, | + | === What Axanar |
- | ===== Responses to Plaintiffs' | + | 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 to the Nature of the Lawsuit | ||
For almost half the pleading' | For almost half the pleading' | ||
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==== What Axanar Admits ==== | ==== What Axanar Admits ==== | ||
- | In the pleading, the defendants admit only that they: | + | In the pleading, the defendants admit about the nature of the suit only that they: |
* Produced the short film, //Prelude to Axanar//. | * Produced the short film, //Prelude to Axanar//. | ||
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In the pleading, the defendants denied that: | 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 the Star Trek works. | + | * //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, | ||
+ | |||
+ | ===== 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’ | ||
+ | * 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: | ||
- | {!stub: | + | ==== Demand for Jury Trial ==== |
- | /* | + | {!stub: |
- | * The remaining allegations in paragraph 2 are legal conclusions to which no response is required. To the extent a response is required, Defendants deny the allegations. | + | |
- | ==== Direct Financial Benefit ==== | ||
- | */ | ||
---- | ---- | ||
- | **Keywords** {{tag> | + | **Keywords** {{tag> |