Differences

This shows you the differences between two versions of the page.

Link to this comparison view

Both sides previous revisionPrevious revision
Next revision		Previous revision
answer [2016/05/25 03:17] – edits throughout Carlos Pedrazaanswer [Unknown date] (current) – external edit (Unknown date) 127.0.0.1
Line 1: Line 1:
 {{::axanar-answer.jpg?direct|}} {{::axanar-answer.jpg?direct|}}
-====== Defendants' Answer ====== 
 {{TOC}} {{TOC}}
 +
 +====== Defendants' Answer ======
 {{page>understanding}} {{page>understanding}}
  
Line 28: 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, starting with a 21-day deadline to file their own Answer, followed by another 21 days for the defense to respond.(([[https://www.law.cornell.edu/rules/frcp/rule_12|"Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing,"]] Legal Information Institute, Cornell School of Law, retrieved 5/24/16.)) The defendants' move had the effect of preventing the plaintiffs from simply withdrawing the suit.+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://www.law.cornell.edu/rules/frcp/rule_12|"Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing,"]] Legal Information Institute, Cornell School of Law, retrieved 5/24/16.)) The defendants' move had the effect of preventing the plaintiffs from simply withdrawing the suit.
  
 A prepared statement on behalf of Axanar Productions stated the defendants had to proceed with filing their Answer, including the counterclaims, irrespective of Abrams' and Lin's May 20 announcement in support of the film: A prepared statement on behalf of Axanar Productions stated the defendants had to proceed with filing their Answer, including the counterclaims, irrespective of Abrams' and Lin's May 20 announcement in support of the film:
Line 87: Line 88:
  
 ==== Prelude to Axanar ==== ==== Prelude to Axanar ====
-{!stub:incomplete section requiring author's attention}}+The pleading states the following about the the plaintiffs' claims regarding the short film, //Prelude to Axanar//. While the defendants generally deny the claims made by plaintiffs in their legal complaint, the Answer does offer a number of specific admissions and denials. 
 + 
 +=== 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, as cited in the legal complaint read: //Prelude to Axanar// is a short film that will give viewers a historical look at the events leading up to the Battle of Axanar, the central event of the film //Axanar//, to be filmed later this year. Shot like a History Channel special, //Prelude to Axanar// will be <wrap hi>Star Trek like you have never seen it before,</wrap> showing the central characters of //Axanar// giving both a historical and personal account of the war. How did Starfleet build its fleet? How did they hold off a Klingon fleet that had been conquering star systems for centuries? What role did the various founding planets play in Starfleet? Why were the Constitution class ships so important to Starfleet? How did Garth of Izar come to be regarded as the greatest Starfleet Captain of his time? <wrap lo>[emphasis added by plaintiffs in First Amended complaint, p. 7 ¶29]</wrap>)) 
 + 
 +=== 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's attention}}+ 
 +The pleading states the following about the the plaintiffs' claims regarding the planned feature film, //Axanar//. While the defendants generally deny the claims made by plaintiffs in their legal complaint, the Answer does offer a number of specific admissions and denials. 
 + 
 +=== What the Defendants Admit === 
 + 
 +In the Answer, the defendants admit they: 
 + 
 +  * Received donations via Kickstarter and Indiegogo to fund //Axanar//'s production. 
 +  * 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 //Axanar//'s script are “fixed works” for copyright purposes. 
 +  * They filmed any other scene from //Axanar// apart from the “Vulcan Scene.” 
 +  * Production activities by unnamed 'Doe' defendants as factual without proof from the plaintiffs. 
 +  * What Star Trek elements they intend to incorporate into //Axanar// since the lawsuit has "stalled and impacted the planned production."((Answer of Defendants … to Plaintiffs' First Amended Complaint; Counterclaim for Declaratory Relief; Demand for Jury Trial, p.  7 ¶41, 5/23/16.)) 
 +  * They have completed one-third of the visual effects //Axanar//. As recently as April 2, 2016, however, the production's website stated 25 percent of the feature's visual effects had been completed.(([[http://www.axanarproductions.com/our-shiny-new-faq/|"Our Shiny New FAQ," Axanar production website]], 4/6/16.)) In a Facebook post, director Burnett claimed the visual effects production was on track to be 50 percent complete by the time principal photography was planned to begin in late January or February 2016, before the lawsuit cut short that timeline by one to two months.(([[face>groups/CBSvsAxanar/permalink/1178230432188325/?comment_id=1178240622187306&reply_comment_id=1178338512177517&comment_tracking=%7B%22tn%22%3A%22R%22%7D&hc_location=ufi|Robert Meyer Burnett post, CBS/Paramount vs. Axanar Facebook group]], 3/22/16.)) 
 +  * That Peters "admitted" violating plaintiffs’ copyrights in a [[http://1701news.com/node/1001/peters-axanar-quality-spurred-lawsuit.html.|1701News interview]] published on February 1, 2016.
  
 ===== Substantial Similarity ===== ===== Substantial Similarity =====
-{!stub:incomplete section requiring author's attention}}+ 
 +[[motion_to_dismiss#dismissal_motion_judge_s_denial|Substantial similarity]] is a legal analysis made in copyright infringement cases to determine whether the works at issue copy, or are derived, from earlier copyrighted works. In addition to the defense's straightforward denial of these claims, the defendants referred to the pleadings surrounding their motion to dismiss to repeat arguments about "allegedly copyrighted Star Trek elements" in //Prelude to Axanar// that [[judge_r._gary_klausner|Judge R. Gary Klausner]] had found unavailing in denying the motion on May 9, 2016.
  
 ===== Copyright Infringement ===== ===== Copyright Infringement =====
-{!stub:incomplete section requiring author's attention}}+ 
 +{{section>summary_of_the_lawsuit#side-by-side_comparisons}} 
 + 
 +In the Answer, the defense offers straightforward denials to the 28 pages of examples
  
 ==== Contributory Copyright Infringement ==== ==== Contributory Copyright Infringement ====
Line 155: Line 201:
  
 ---- ----
-**Keywords** {{tag>lawsuit players plaintiffs defendants}}+**Keywords** {{tag>lawsuit players plaintiffs defendants stub}}