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
does [2016/03/19 02:15] – Carlos Pedrazadoes [2018/11/06 22:35] (current) – [The Does] Carlos Pedraza
Line 1: Line 1:
 {{::silhouette.jpg|}} {{::silhouette.jpg|}}
- 
 ====== The Does ====== ====== The Does ======
 +{{TOC}}
 +
 {{page>understanding}} {{page>understanding}}
  
Line 8: Line 9:
 > [[AXANAR PRODUCTIONS]], INC., a California corporation; \\ [[ALEC PETERS]], an individual, and \\ <wrap hi>DOES 1–20</wrap> , Defendants. ((Complaint, Paramount v. Axanar, p. 1, line 20)) <wrap lo>[//emphasis added//]</wrap> > [[AXANAR PRODUCTIONS]], INC., a California corporation; \\ [[ALEC PETERS]], an individual, and \\ <wrap hi>DOES 1–20</wrap> , Defendants. ((Complaint, Paramount v. Axanar, p. 1, line 20)) <wrap lo>[//emphasis added//]</wrap>
  
-<WRAP round right todo 50%> +<WRAP round important> 
-**Download** the {{:startreklawsuit.pdf|full text}} of the lawsuit.+<fs smaller><wrap em>UPDATE</wrap> According to the court's May 10, 2016, scheduling order, both sides had until May 25 to "to join other parties or to amend the pleadings" in the case. That date passed with none of the Does named.</fs>
 </WRAP> </WRAP>
  
-===== Who are They? =====+==== Why Weren't Any Does Named? ==== 
 + 
 +<WRAP right round info 50%> 
 +<wrap lo>This section, **Why Weren't Any Does Named?** features opinion and informed speculation.</wrap></WRAP> 
 + 
 +In their May 2, 2016, [[joint statement]] to the judge ahead of the case's [[scheduling conference]], both sides indicated a reluctance to adding parties to the suit.((Rule 26 Joint Report by Plaintiffs and Defendants, p. 2 line 12.)) 
 + 
 +If you assume the plaintiffs are suing in order to make an example of how Axanar went too far, they'll only go as far as they need to make that point. For every new defendant they add to the case, CBS and Paramount would've had to prove with a preponderance of evidence that each one participated in at least one of these activities: 
 + 
 +  * Writing scripts 
 +  * Produced or directed the films 
 +  * Design or oversight of design of: 
 +     * Sets 
 +     * Costumes 
 +     * Props 
 +     * Other elements in works derived from the Star Trek copyright. This may include merchandise Axanar sells in its Donor Store. 
 + 
 +The plaintiffs would also have needed to demonstrate that each co-defendant is responsible in some way for the allegations in the legal complaint and harm to CBS and/or Paramount, and that they acted "in concert," with all each new defendants' alleged acts "authorized, approved, and/or ratified by each of the other defendants."((Complaint, Paramount v. Axanar, p. 3 ¶12)) 
 + 
 +Such activities seemed to point to higher-level creative and management activities, and the plaintiffs may have decided instead to focus their efforts only on the activities of the named defendants. 
 + 
 +It's also possible that the possibility of being named a defendant, therefore financially liable for some measure of the [[summary of the lawsuit#statutory damages|damages]] sought in the lawsuit, may have persuaded possible Does to offer testimony against Axanar and Peters in exchange for being dropped from the case. 
 + 
 +===== Who Were They? =====
 The plaintiffs may not know which specific 20 individuals took part in Axanar's alleged [[copyright infringement]], but they know what types of personnel were likely to be involved. Revealing their names is a likely part of the pre-trial activity ordered by the judge. The plaintiffs may not know which specific 20 individuals took part in Axanar's alleged [[copyright infringement]], but they know what types of personnel were likely to be involved. Revealing their names is a likely part of the pre-trial activity ordered by the judge.
  
Line 19: Line 43:
 > "The Doe Defendants include, among others, those persons who aided in the <wrap hi>writing of the scripts</wrap> for the Axanar Works or <wrap hi>producing</wrap> or <wrap hi>directing</wrap> the films, and those persons who designed or caused to be <wrap hi>designed the infringing sets</wrap>, <wrap hi>costumes</wrap>, <wrap hi>props</wrap> and other elements in the Axanar Works that infringe copyrighted Star Trek elements." ((Complaint, Paramount v. Axanar, p. 3 ¶10)) <wrap lo>[//emphasis added//]</wrap> > "The Doe Defendants include, among others, those persons who aided in the <wrap hi>writing of the scripts</wrap> for the Axanar Works or <wrap hi>producing</wrap> or <wrap hi>directing</wrap> the films, and those persons who designed or caused to be <wrap hi>designed the infringing sets</wrap>, <wrap hi>costumes</wrap>, <wrap hi>props</wrap> and other elements in the Axanar Works that infringe copyrighted Star Trek elements." ((Complaint, Paramount v. Axanar, p. 3 ¶10)) <wrap lo>[//emphasis added//]</wrap>
  
-<WRAP round important> +<WRAP round alert> 
-**Judge's Order** \\ [[Judge R. Gary Klausner|Judge Klausner]] issued a pre-trial order that appears to require the Does be named. The order tells the plaintiffs “to give notice of the [[scheduling conference]] immediately to each party that makes an initial appearance in the action after this date [the May 9, 2016, conference].”(({{:031123048904-march4-ordersettingschedulingconference.pdf|Judge's order setting scheduling conference}}, 3/4/16.))+<wrap lo><wrap em>PRODUCTION DOWNGRADE</wrap> As of March 18, 2016, the production status on [[imdb>title/tt3302086/|Axanar's public IMDb listing]] was changed from 'pre-production' to 'in development,' rendering its cast and crew list visible only to IMDb Pro subscribers.(([[imdb>title/tt3302086/|Axanar (2016)]], retrieved 3/17/16.))</wrap>
 </WRAP> </WRAP>
  
 According to {!IMDb:the Internet Movie Database}}, unless noted otherwise, these are the people who  filled the positions described in the lawsuit: According to {!IMDb:the Internet Movie Database}}, unless noted otherwise, these are the people who  filled the positions described in the lawsuit:
  
 +{{ :view-charts.png|Rotate mobile device for best view of chart}}
 //Please note: Just because a person appears on this chart does not mean they will be named as a defendant, nor are the jobs listed necessarily the only positions to be named in the suit.// //Please note: Just because a person appears on this chart does not mean they will be named as a defendant, nor are the jobs listed necessarily the only positions to be named in the suit.//
- 
-<WRAP round alert> 
-<wrap lo><wrap em>PRODUCTION DOWNGRADE</wrap> As of March 18, 2016, the production status on [[imdb>title/tt3302086/|Axanar's public IMDb listing]] was changed from 'pre-production' to 'in development,' rendering its cast and crew list visible only to IMDb Pro subscribers.(([[imdb>title/tt3302086/|Axanar (2016)]], retrieved 3/17/16.))</wrap> 
-</WRAP> 
  
 ^ Job ^ In //Prelude//(([[imdb>title/tt3572740|IMDb entry, Prelude to Axanar]], retrieved 3/10/16.)) ^ In //Axanar//(([[imdb>title/tt3302086/|IMDb entry, Axanar]], retrieved 3/10/16.)) | ^ Job ^ In //Prelude//(([[imdb>title/tt3572740|IMDb entry, Prelude to Axanar]], retrieved 3/10/16.)) ^ In //Axanar//(([[imdb>title/tt3302086/|IMDb entry, Axanar]], retrieved 3/10/16.)) |
Line 38: Line 59:
 | Screenwriters | Christian Gossett \\ Alec Peters \\ Alec Peters (story) | //See 'Changing cast of writers' below//  | | Screenwriters | Christian Gossett \\ Alec Peters \\ Alec Peters (story) | //See 'Changing cast of writers' below//  |
 | Producers((Not all producers listed on IMDb may have engaged in the activities alleged in the legal complaint)) | Ryan T. Husk (associate producer) \\ Nicholas Cooper (associate producer) \\ Neal Fischer (co-producer) \\ Diana Kingsbury (associate producer) \\ Terry Alan McIntosh (co-producer) \\ Alec Peters (executive producer) \\ Carter Smith (co-producer) \\ Mark Smith (associate producer) \\ Jhennifer Webberley (co-producer) | Horace Austin (associate producer) \\ Alan J. Hayes (associate producer) \\ David A. Hernandez (associate producer) \\ Diana Kingsbury (co-producer) \\ Michael J. Lai (associate producer) \\ Terry Alan McIntosh (co-producer) \\ Alec Peters (executive producer) \\ Bill R. Watters (associate producer) | | Producers((Not all producers listed on IMDb may have engaged in the activities alleged in the legal complaint)) | Ryan T. Husk (associate producer) \\ Nicholas Cooper (associate producer) \\ Neal Fischer (co-producer) \\ Diana Kingsbury (associate producer) \\ Terry Alan McIntosh (co-producer) \\ Alec Peters (executive producer) \\ Carter Smith (co-producer) \\ Mark Smith (associate producer) \\ Jhennifer Webberley (co-producer) | Horace Austin (associate producer) \\ Alan J. Hayes (associate producer) \\ David A. Hernandez (associate producer) \\ Diana Kingsbury (co-producer) \\ Michael J. Lai (associate producer) \\ Terry Alan McIntosh (co-producer) \\ Alec Peters (executive producer) \\ Bill R. Watters (associate producer) |
 +
 +{{ :view-charts.png|Rotate mobile device for best view of chart}}
 +
 ==== Changing Cast of Writers ==== ==== Changing Cast of Writers ====
 +
 The title and writing credits for //Axanar// have changed over time, according to [[imdb>title/tt3302086/|IMDb]]. The title and writing credits for //Axanar// have changed over time, according to [[imdb>title/tt3302086/|IMDb]].
  
Line 53: Line 78:
  
 > I have been working on "Axanar" now for almost two years, slowly writing the script with John Muenchrath((previously portrayed Dr. McCoy on Star Trek: New Voyages)) and now Dave Galanter. … The script is now almost done. <wrap hi>Dave Galanter and I have been working it for 6 months now.</wrap>(([[http://www.trekbbs.com/threads/star-trek-axanar.189130/|Alec Peters, TrekBBS post]], 9/24/12.)) <wrap lo>[emphasis added]</wrap> > I have been working on "Axanar" now for almost two years, slowly writing the script with John Muenchrath((previously portrayed Dr. McCoy on Star Trek: New Voyages)) and now Dave Galanter. … The script is now almost done. <wrap hi>Dave Galanter and I have been working it for 6 months now.</wrap>(([[http://www.trekbbs.com/threads/star-trek-axanar.189130/|Alec Peters, TrekBBS post]], 9/24/12.)) <wrap lo>[emphasis added]</wrap>
 +
 ===== Role of the Does ===== ===== Role of the Does =====
  
Line 59: Line 85:
 It further claims all the defendants "acted in concert ... and all of the acts alleged herein to have been done by each defendant were authorized, approved, and/or ratified by each of the other defendants."((Complaint, Paramount v. Axanar, p. 3 ¶12)) It further claims all the defendants "acted in concert ... and all of the acts alleged herein to have been done by each defendant were authorized, approved, and/or ratified by each of the other defendants."((Complaint, Paramount v. Axanar, p. 3 ¶12))
  
-===== Legal Representation ===== +[{{ ::sean-t-ares.jpg?nolink&250|**ARES DESIGNER** Sean Tourangeau says he's been blacklisted from professional Star Trek work because of the Axanar lawsuit.}}]
-<wrap lo>//See also: [[Other attorneys]]//</wrap>+
  
-‬While the named defendants, [[Alec Peters]] and‭ [[Axanar Productions]], have secured free [[Winston & Strawn|legal representation]], potential conflicts of interest mean it's not likely‭ those attorneys can also represent the Does.+==== Blacklisting ====
  
-That means those additional defendants, once named, are ‬personally and financially liable for some measure of damages in the lawsuit ‬and open for the plaintiffs to co-opt to testify against Axanar‭.+One of the potential Does went public, describing that his involvement with Axanar resulted in him being blacklisted from any professional Star Trek-related work.
  
-<WRAP round info> +Though not named as a Doe, designer Sean P. Tourangeau is among the class of people described by the lawsuit as potential additional defendants. He is the designer of the U.S.S. Titan for the licensed Pocket Books series by that name.
-The following section, **Will They all be Sued?**, features opinion and informed speculation. +
-</WRAP>+
  
-==== Will They All be Sued? ==== +On April 18, 2016, he began to describe on Twitter how working with Axanar hurt him personally and professionally:
-It's impossible to know this for sure until CBS and Paramount amend their [[lawsuit|legal complaint]]. If you assume the plaintiffs are suing in order to make an example of how Axanar went too far, they'll only go as far as they need to make that point.+
  
-For every new defendant they add to the case, CBS and Paramount will have to prove with a preponderance of evidence that they participated in: +<WRAP box> 
-  * Writing scripts +{{::sean-twitter.jpg?nolink |}} 
-  * Produced or directed the films +<wrap lo>[[twit>SeanTourangeau/status/722228092991737856|Sean P. Tourangeau]] 5:59 PM - 18 Apr 2016 \\ 
-  * Design or oversight of design of: +@trekbbs I need to stop reading Axanar thread makes heart since that I was ever apart of that production. Only good thing I did was the Ares \\ 
-     * Sets +\\ 
-     * Costumes +[[twit>SeanTourangeau/status/722228867855822848|Sean P. Tourangeau]] 6:02 PM - 18 Apr 2016 \\ 
-     * Props +While I am happy for the new @StarTrek series next year. Sad that I am blacklisted because of Axanar and the crap that it has put us thru \\ 
-     * Other elements in works derived from the Star Trek copyright. This may include merchandise Axanar sells in its Donor Store.+\\ 
 +[[twit>SeanTourangeau/status/722875845778415616|Sean P. Tourangeau]] 12:53 PM - 20 Apr 2016 \\ 
 +@AxaMonitor @StarTrek was told a conflict of interest. Which sucks since I made no money on that project. Just a fan wanting 2 create 4 trek \\ 
 +\\ 
 +[[twit>SeanTourangeau/status/722876921105625088|Sean P. Tourangeau]] 12:57 PM - 20 Apr 2016 \\ 
 +@PhilsStalkers I am not throwing stones at anyone. I just want this nightmare to be over \\ 
 +\\ 
 +[[twit>SeanTourangeau/status/722878834194821120|Sean P. Tourangeau]] 1:05 PM - 20 Apr 2016 \\ 
 +Hey all I am not asking for sympathy because of Ax what is done is done. I want Trek to be good again. I just want 2b a fan \\ 
 +\\ 
 +[[twit>https://twitter.com/SeanTourangeau/status/716720069301002241|Sean P. Tourangeau]] 1:12 PM - 3 Apr 2016 \\ 
 +Really to the point where I don't know if I like @StarTrek anymore. Blacklist for working on a fan film kinda takes the fun out of it. \\ 
 +\\ 
 +[[twit>SeanTourangeau/status/722887891236487168|Sean P. Tourangeau]] 1:41 PM - 20 Apr 2016 \\ 
 +@oahu63 @Gary_Sebben I know. It is just a crappy result of jumping on board what at the time I thought was a good looking fan project. \\ 
 +\\ 
 +[[twit>SeanTourangeau/status/722895254093897729|Sean P. Tourangeau]] 2:10 PM - 20 Apr 2016 \\ 
 +Kinda feel like the show the Internet ruined my life. Just substitute a production. 
 +</wrap> 
 +</WRAP>
  
-The plaintiffs will also need to demonstrate that each co-defendant is responsible in some way for the allegations in the legal complaint and harm to CBS and/or Paramount, and that they acted "in concert," with all each new defendants' alleged acts "authorized, approved, and/or ratified by each of the other defendants."((Complaint, Paramount v. Axanar, p. 3 ¶12))+Tourangeau's displeasure began with this April 10 {!subtweet:(on Twitter) a post that refers to a particular user without directly mentioning them.}}, apparently aimed at Axanar producer Alec Peters:
  
-Such activities seem to point to higher-level creative and management activities. For example, the person who designed a Star Trek-based prop like a phaser or communicator is much more likely to be proven to infringe in the activities described above than a tradesperson who fabricated the phaser or communicator. +<WRAP box> 
- +<wrap lo>[[twit>SeanTourangeau/status/719373695290974209|Sean P. Tourangeau]] 8:57 PM - 10 Apr 2016 \\ 
-It's also possible that being named a defendant, therefore financially liable for some measure of the [[summary of the lawsuit#statutory damages|damages]] sought in the lawsuit, may give the plaintiffs bargaining power to elicit testimony against Axanar and Peters in exchange for being dropped from the case. +In case anyone cares I am not part of a certain project anymore. Tired of defending a certain person who can care less about the help</wrap> 
- +</WRAP>
-People who wouldn't be in a position to, in the normal course of their duties, make a knowing determination of the copyright status of their work are unlikely to be named co-defendants. CBS and Paramount are likely to focus on obvious people doing the kind of design work high enough up in the Axanar hierarchy where a reasonable person (say, a juror) would have to ask, "How could you //not// know you were copying Star Trek?"+
  
 +Tourangeau appeared to express more Axanar regrets in another subtweeted exchange — this time with [[CBS officials|John Van Citters]], vice president of product development at CBS Consumer Products.
 +{{::sean-van-citters.jpg?nolink|}}
  
 ---- ----
 **Keywords** **Keywords**
 {{tag>defendants copyright players lawsuit does}} {{tag>defendants copyright players lawsuit does}}