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axanar_debate_2 [2018/12/18 13:56] – created Carlos Pedraza | axanar_debate_2 [2018/12/31 14:42] (current) – [A 'Game-Changer'] Carlos Pedraza | ||
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====== Debate Focuses on AxaMonitor as Cause for Trek Fans' Rift ====== | ====== Debate Focuses on AxaMonitor as Cause for Trek Fans' Rift ====== | ||
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The one-hour, fifteen-minute podcast was released December 17, 2018, produced by Miller as one of his continuing series of “Trekzone Conversations, | The one-hour, fifteen-minute podcast was released December 17, 2018, produced by Miller as one of his continuing series of “Trekzone Conversations, | ||
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+ | </ | ||
[{{ :: | [{{ :: | ||
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Miller went on to ask why the arguments for and against Axanar have devolved into personal attacks. | Miller went on to ask why the arguments for and against Axanar have devolved into personal attacks. | ||
- | In response, Lane played | + | In response, Lane played |
+ | |||
+ | Lane decried " | ||
==== 'Fox News of Axanar' | ==== 'Fox News of Axanar' | ||
- | Lane said that justified his belief "the AxaMonitor blog is one of the main causes." | + | Lane said that justified his belief "the AxaMonitor blog is one of the main causes" |
"It is a site that rushes to produce negative blogs about Axanar," | "It is a site that rushes to produce negative blogs about Axanar," | ||
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Despite dismissing the disinformation effort by Peters as a mere prank, Lane used the article (in which AxaMonitor issued a [[new_studio|correction]] immediately) to justify his characterization of AxaMonitor: | Despite dismissing the disinformation effort by Peters as a mere prank, Lane used the article (in which AxaMonitor issued a [[new_studio|correction]] immediately) to justify his characterization of AxaMonitor: | ||
- | "Most of the time Carlos does not lie," Lane said. " | + | "Most of the time Carlos does not lie," Lane said. " |
+ | ==== ' | ||
+ | Lane also pointed to a 2016 AxaMonitor investigation, | ||
- | Axacon */ | + | The introductory paragraph for that investigation read: "With the formal opening of the for-profit studio Alec Peters built using money supporters donated to produce Axanar, AxaMonitor‘s investigation into the companies behind the studio revealed a complete lack of transparency about who stands to financially benefit from the facility." |
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+ | <WRAP box> | ||
+ | {{:: | ||
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+ | </ | ||
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+ | === 'For Profit' | ||
+ | |||
+ | " | ||
+ | |||
+ | While he spent time attempting to frame the use of the term "for profit" | ||
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+ | > A small group of backers and fans have developed a plan to set up a separate company to take over the management the sound stage, pay the rent and reimburse Axanar Productions for the cost of the build-out. That company will assume the $250,000 liability for the remainder of the lease. To do that, <wrap hi>the new company will need to be a for-profit entity and raise investment dollars for capital</ | ||
+ | |||
+ | === Donor Support of the Studio === | ||
+ | |||
+ | Lane's only other specific dispute with the article was how it appeared to presume donors hadn't known their money was being diverted from // | ||
+ | |||
+ | However, that inaccuracy was conceded by Miller only with regard to his own knowledge of the Kickstarter campaign. AxaMonitor has never asserted the Kickstarter didn't include a reference to some funds being devoted to outfitting a studio in which to shoot // | ||
+ | |||
+ | AxaMonitor made that clear in its March 2016 analysis of Axanar' | ||
+ | |||
+ | > [The] Axanar Kickstarter was launched with some very specific goals in mind, namely, <wrap hi> | ||
+ | |||
+ | However, Peters' | ||
+ | |||
+ | Moreover, people who donated to the Kickstarter campaign were explicitly told only a small portion of the proceeds were to go to the studio refit, a mere $50,000, along with the budgeted $125,000 for the first year's rent, for a total $175, | ||
+ | |||
+ | Those two items actually ended up costing nearly three-quarters of a million dollars, according to Peters' | ||
+ | |||
+ | Furthermore, | ||
+ | |||
+ | Ultimately, all of the Kickstarter proceeds were swallowed up by the ballooning costs for keeping the studio; none went toward production costs as promised.(([[https:// | ||
+ | |||
+ | Lane also failed to dispute any of the facts presented in the investigation, | ||
+ | |||
+ | Lane instead broad-brushed the entire article based on these two critiques, summing up by saying the investigation "is not presenting the whole story." | ||
+ | |||
+ | Lane also neatly avoided the fact that AxaMonitor in fact tried to get the "whole story" by seeking comment from Peters' | ||
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+ | ===== Nothing Positive ===== | ||
+ | |||
+ | Lane also pointed to Pedraza' | ||
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+ | While that article was delayed by Pedraza' | ||
+ | |||
+ | ===== The Lawsuit ===== | ||
+ | |||
+ | The first part of the Trekzone podcast was devoted to Lane's chronological retelling of the CBS/ | ||
+ | |||
+ | He asked Miller to imagine himself in Peters' | ||
+ | |||
+ | After reaching out to [[Winston & Strawn]], the law firm that went on to represent Axanar pro bono, Lane said Peters submitted a settlement offer, that in exchange for guidance spelling out what he could and could not do, he would make Axanar and give it to CBS for free, ostensibly imagining it could earn revenue for the studio. | ||
+ | |||
+ | ==== Settlement Offers ==== | ||
+ | |||
+ | That offer was rejected by CBS/ | ||
+ | <WRAP 95% center> | ||
+ | | ||
+ | * He could simply fail to reply, which would guarantee a summary judgment against him (not true: the plaintiffs would have had to ask the judge for a //default judgment// against Axanar; such a ruling would not have been automatic). | ||
+ | </ | ||
+ | |||
+ | === 'Balls to the Wall' === | ||
+ | |||
+ | "The only option was to go through with it," Lane said. "Alec had no choice. He had to go balls-to-the-wall on this." | ||
+ | |||
+ | Miller, himself a fan film producer, disputed Lane's notion, saying if had been told by Star Trek's owners to stop, he would simply stop. | ||
+ | |||
+ | Meanwhile, CBS/ | ||
+ | |||
+ | "Alec was furious," | ||
+ | |||
+ | Lane also disputed a claim by Pedraza that CBS had made an offer to Axanar in April 2016, saying the plaintiffs' | ||
+ | |||
+ | ==== A ' | ||
+ | |||
+ | But for Axanar, getting Winston to represent him "was a game-changer," | ||
+ | |||
+ | However, Axanar lost its fair use defense in early January 2017, according to a ruling by the judge in the copyright case, a finding Lane said offered Axanar chances for an appeal. | ||
+ | |||
+ | ==== A Win ==== | ||
+ | |||
+ | But just days before the scheduled trial, Peters essentially got what he wanted: permission to make //Axanar// and guidelines to which he had to adhere. "Alec got the win he wanted," | ||
+ | |||
+ | Foremost among them, however, was his concession that the film would no longer be feature-length, | ||
+ | |||
+ | ===== Next Installment ===== | ||
+ | |||
+ | Part 3 of the debate is due on December 19. {{: | ||
+ | |||
+ | <WRAP tip 75%> | ||
+ | <wrap em> | ||
+ | Discuss this article in [[face> | ||
+ | </ | ||
+ | ---- | ||
+ | **Keywords** {{tag> |