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axanar_debate_2 [2018/12/18 19:41] – Carlos Pedrazaaxanar_debate_2 [2018/12/31 14:42] (current) – [A 'Game-Changer'] Carlos Pedraza
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-AxaMonitor Debate part 2 
- 
 {{::debate_part_2.jpg|}} {{::debate_part_2.jpg|}}
 <fs smaller>**SECOND MATCH** Fan Film Factor's Jonathan Lane dominates again in the second podcast debate with Trekzone's Matt Miller, focusing this time on the escalating rift between Axanar supporters and critics. <wrap indent><fs smaller>//Image/Trekzone//</fs></wrap></fs> <fs smaller>**SECOND MATCH** Fan Film Factor's Jonathan Lane dominates again in the second podcast debate with Trekzone's Matt Miller, focusing this time on the escalating rift between Axanar supporters and critics. <wrap indent><fs smaller>//Image/Trekzone//</fs></wrap></fs>
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 //**__<wrap em>Analysis</wrap>__**// //**__<wrap em>Analysis</wrap>__**//
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 +
 +<fs x-small>DECEMBER 18, 2018</fs>
  
 ====== 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,” and posted both on his website and on Lane’s [[http://fanfilmfactor.com|Fan Film Factor]] blog, which often serves as the news organ for Axanar and its producer, [[Alec Peters]]. The one-hour, fifteen-minute podcast was released December 17, 2018, produced by Miller as one of his continuing series of “Trekzone Conversations,” and posted both on his website and on Lane’s [[http://fanfilmfactor.com|Fan Film Factor]] blog, which often serves as the news organ for Axanar and its producer, [[Alec Peters]].
 +
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 +<fs smaller>**//See also: [[axanar_debate_1|Opposing Bloggers Debate Impact and History of Axanar]]//**</fs>
 +</WRAP>
  
 [{{ ::miller_lane.jpg?350|**FACEOFF** In part 2 of their debate Trekzone's **Matt Miller** (left) squares off against Fan Film Factor's **Jonathan Lane**. <wrap indent><fs smaller>//Image/Trekzone//</fs></wrap>}}] [{{ ::miller_lane.jpg?350|**FACEOFF** In part 2 of their debate Trekzone's **Matt Miller** (left) squares off against Fan Film Factor's **Jonathan Lane**. <wrap indent><fs smaller>//Image/Trekzone//</fs></wrap>}}]
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 === 'For Profit' Studio === === 'For Profit' Studio ===
  
-"That's not necessarily not true," Lane claimed, 'but not the whole story." He criticized the description of the studio as "for profit," and claimed that "donors wanted to help build the studio," reminding Miller he had [[axanar_debate_1#up_front_with_donors|previously conceded]] donors had been duly informed about the studio funding during the Axanar Kickstarter campaign.+"That's not necessarily not true," Lane claimed, "but not the whole story." He criticized the description of the studio as "for profit," and claimed that "donors wanted to help build the studio," reminding Miller he had [[axanar_debate_1#up_front_with_donors|previously conceded]] donors had been duly informed about the studio funding during the Axanar Kickstarter campaign.
  
 While he spent time attempting to frame the use of the term "for profit" as AxaMonitor's attempt to skew readers' minds, Lane neglected the fact — presented in the AxaMonitor article — Peters himself in a March 2016 blog post had characterized the studio in that manner: While he spent time attempting to frame the use of the term "for profit" as AxaMonitor's attempt to skew readers' minds, Lane neglected the fact — presented in the AxaMonitor article — Peters himself in a March 2016 blog post had characterized the studio in that manner:
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 === Donor Support of the Studio === === Donor Support of the Studio ===
  
-Lane's only other specific dispute with the article how it appeared to presume donors hadn't known their money was being diverted from //Axanar//'s actual production to building Peters' studio, an issue Lane had successfully debunked in the first podcast.+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 //Axanar//'s actual production to building Peters' studio, an issue Lane had successfully debunked in the first podcast.
  
 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 //Axanar//. 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 //Axanar//.
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 While that article was delayed by Pedraza's real life job, he had not been silent about Axacon, having devoted part of his November 18 Alpha Waves interview to his reaction about the event, as well as an appearance on the Super Geeks podcast. While that article was delayed by Pedraza's real life job, he had not been silent about Axacon, having devoted part of his November 18 Alpha Waves interview to his reaction about the event, as well as an appearance on the Super Geeks podcast.
  
-==== The Lawsuit ====+===== The Lawsuit =====
  
 The first part of the Trekzone podcast was devoted to Lane's chronological retelling of the CBS/Paramount [[copyright infringement]] [[lawsuit]] against Peters and Axanar Productions. The first part of the Trekzone podcast was devoted to Lane's chronological retelling of the CBS/Paramount [[copyright infringement]] [[lawsuit]] against Peters and Axanar Productions.
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 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. 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 ===+==== Settlement Offers ====
  
 That offer was rejected by CBS/Paramount with no counteroffer. Peters had only two options at that point, Lane said: That offer was rejected by CBS/Paramount with no counteroffer. Peters had only two options at that point, Lane said:
 <WRAP 95% center> <WRAP 95% center>
- * He had only 30 days to reply (not true: at the point Lane described, under federal rules, defendants have 21 days to respond to a suit; this was eventually extended but Peters didn't know that at the time); or +  * He had only 30 days to reply (not true: at the point Lane described, under federal rules, defendants have 21 days to respond to a suit; this was eventually extended but Peters didn't know that at the time); or 
- * 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).+  * 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).
 </WRAP> </WRAP>
  
-== 'Balls to the Wall' ==+=== 'Balls to the Wall' ===
  
-"The only option was to go through with it," he said. "Alec had no choice. He had to go balls-to-the-wall on this."+"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. 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.
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 Lane also disputed a claim by Pedraza that CBS had made an offer to Axanar in April 2016, saying the plaintiffs' first offer didn't come until June. However, while AxaMonitor had received information in April about a settlement meeting, and in May about terms CBS was seeking, similar to what was ultimately settled, it did not report that at the time; Pedraza was unable to get a second source to corroborate. Lane also disputed a claim by Pedraza that CBS had made an offer to Axanar in April 2016, saying the plaintiffs' first offer didn't come until June. However, while AxaMonitor had received information in April about a settlement meeting, and in May about terms CBS was seeking, similar to what was ultimately settled, it did not report that at the time; Pedraza was unable to get a second source to corroborate.
  
-=== A 'Game-Changer' ===+==== A 'Game-Changer' ====
  
-But for Axanar, getting Winston to represent him "was a game-changer," Lane said, enabling Peters to press a case he and his lawyers believed held hope: That Axanar had a case for under Fair Use provisions of copyright law. Peters refused the studios' offer and continued to press for a settlement that would allow some version of //Axanar// to be made, Lane said. +But for Axanar, getting Winston to represent him "was a game-changer," Lane said, enabling Peters to press a case he and his lawyers believed held hope: That //Axanar// could legally be produced under the Fair Use provisions of U.S. copyright law. Peters refused the studios' offer and continued to press for a settlement that would allow some version of //Axanar// to be made, Lane said. 
  
 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. 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 ===+==== 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," Lane said. 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," Lane said.
  
-Foremost among them, however, was his concession that the film would no longer be feature-length, as had been promised to donors. Instead, they would get two 15-minute short films, which would have to be produced (Peters later estimate a cost of almost $200,000) with no further crowdfunding.{{page>footer}} {{tag>media lawsuit Jonathan_Lane Matt_Miller Trekzone Fan_Film_Factor Carlos_Pedraza AxaMonitor}}+Foremost among them, however, was his concession that the film would no longer be feature-length, as had been promised to donors. Instead, they would get two 15-minute short films, which would have to be produced (Peters later estimate a cost of almost $200,000) with no further crowdfunding. 
 + 
 +===== Next Installment ===== 
 + 
 +Part 3 of the debate is due on December 19. {{:axamonitor-ico.gif?nolink|}} 
 + 
 +<WRAP tip 75%> 
 +<wrap em>COMMENTS</wrap> \\ 
 +Discuss this article in [[face>groups/axamonitor/permalink/543786182802900/|AxaMonitor's Facebook group]]. 
 +</WRAP> 
 +---- 
 +**Keywords** {{tag>media lawsuit Jonathan_Lane Matt_Miller Trekzone Fan_Film_Factor Carlos_Pedraza AxaMonitor}}