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answer [2016/05/25 20:38] – [Axanar] adds citation. Carlos Pedrazaanswer [Unknown date] (current) – external edit (Unknown date) 127.0.0.1
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 {{::axanar-answer.jpg?direct|}} {{::axanar-answer.jpg?direct|}}
-====== Defendants' Answer ====== 
 {{TOC}} {{TOC}}
 +
 +====== Defendants' Answer ======
 {{page>understanding}} {{page>understanding}}
  
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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, 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:
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   * 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.))   * 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.))   * 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 ====
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-**Keywords** {{tag>lawsuit players plaintiffs defendants}}+**Keywords** {{tag>lawsuit players plaintiffs defendants stub}}