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endgame_2 [2016/11/05 18:39] – created Carlos Pedrazaendgame_2 [Unknown date] (current) – external edit (Unknown date) 127.0.0.1
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 ====== Endgame II: The Settlement ====== ====== Endgame II: The Settlement ======
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 +<wrap lo>**Editor's Note**: //Hollywood producer Lukas Kendall posted an essay on TrekBBS in April whose summary on// **AxaMonitor** //became one of our most popular opinion pieces. "[[endgame|Endgame]]" examined the constraints preventing quick resolution of the Axanar copyright lawsuit — constraints, he writes in this latest essay, that continue to bedevil efforts to resolve the case.//</wrap>
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-//**__Opinion__**// \\+//**__Commentary__**// \\
 {{:lukas-kendall.jpg?nolink&60|}} \\ {{:lukas-kendall.jpg?nolink&60|}} \\
-<wrap lo>By [[imdb>name/nm0447620/|Lukas Kendall]] \\+<wrap lo>**By [[imdb>name/nm0447620/|Lukas Kendall]]** \\
 **AxaMonitor** contributor \\ **AxaMonitor** contributor \\
 November 5, 2016</wrap> November 5, 2016</wrap>
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 "**FOLLOW THE** money," said Deep Throat. "**FOLLOW THE** money," said Deep Throat.
  
-Actually not really. Deep Throat never said that. William Goldman said that—he made it up as dialogue for the movie. But it stuck. Among other things, it's often accurate. Follow the money, you find the truth.+Actually, not really. Deep Throat never said that. William Goldman said that — he made it up as dialog for the [[wp>Deep_Throat_(Watergate)|movie]]. But it stuck. Among other things, it's often accurate. Follow the money, you find the truth.
  
-===== Why No Settlement? =====+Why didn't we see a [[settlement_conference|settlement]] Friday? I think, in this rare instance, we should take Axanar producer [[Alec Peters]] at his word: he could not make a version of Axanar that [[settlement_conference|pleases the donors]] under the terms offered by [[CBS]] and [[paramount_pictures|Paramount]].
  
-Why didn't we see a settlement Friday? I think in this rare instance … we should take Alec at his word: he could not make a version of Axanar that pleases the donors with the terms CBS was offering.+What are those terms? CBS doesn't want money. They don't care about the [[industry_studios|studio]] (built with donor funds). They are protecting their [[copyright_infringement|copyright]]. They would allow a version of Axanar to be made under the [[cbs_guidelines|fan film guidelines]]. They might (conjecture on my part, no sources) even extend a few courtesies like allowing professional talent or a longer run time to get this nightmare out of their lives.
  
-What are those terms? CBS doesn't want money. They don't care about the studio (obtained with donor funds). They are protecting their copyright. They would allow a version of Axanar to be made with the fan film guidelines. They might (conjecture on my part, no sources) even extend a few courtesies like allowing professional talent or a longer run time to get this nightmare out of their lives.+[{{ :axanar-accounting.jpg?300|**BROKE?** As Axanar's lawyers try to keep its financial records away from the public view, recent reports indicate Axanar is out of money.}}]
  
-==== What Money? ====+==== Axanar's Real Problem ====
  
-But they are not going to allow any more public fundraising. Would you? He's raised $1.3 million—that's more than enough.+But they are not going to allow any more public fundraising. Would you? He's already raised $1.3 million — that's more than enough.
  
-And the real problem is that Alec is out of money.+The real problem is that Alec is out of money.
  
-Because he was stupid, and ignored advice, and sunk his money into an albatross of a studio on the megalomaniac idea that he would be allowed to produce bootleg Star Trek, indefinitely, with professional talent under the studios' noses in Los Angeles.+Because he was stupid and ignored advice, and sunk his money into an albatross of a studio on the megalomaniacal idea that he would be allowed to produce [[merchandise|bootleg]] Star Trek, indefinitely, with professional talent under the studios' noses in Los Angeles.
  
-I mean, people don't jump off of buildings for a reason—you won't fly, you'll kill yourself!+I mean, people don't jump off of buildings for a reason — you won't fly, you'll kill yourself!
  
 === Breaking Down the Budget === === Breaking Down the Budget ===
  
-The first, $100K Kickstarter was spent making Prelude to Axanar. The second, $638K Kickstarter went into overhead (see the Axanar Annual Report in the "files" section of this page).+The first, [[prelude_kickstarter_details|$100,000+ Kickstarter]] was spent making //Prelude to Axanar//. The second, [[axanar_kickstarter_details|$638,000+ Kickstarter]] went into overhead (see **AxaMonitor**'s analysis of Axanar's [[Annual Report]]).
  
-That leaves the $575K Indiegogo campaign. Take away 10% to Indiegogo. Take away 2016's rent of $15K/month to date. It's down to $300-400K...and probably far less.+That leaves the [[axanar_indiegogo_details|$575,000+ Indiegogo]] campaign. Take away 10 percent to Indiegogo. Take away 2016's rent of $15,000 a month to date. It's down to $300-400K — probably far less.
  
-They've continued to sink money into the studio but, for inexplicable reasons, have yet to rent it out (probably because it still needs more work before it's up to code and/or pro standards).+[{{ ::klingon-tobias-richter-vfx.jpg?350|**HIGH QUALITY** visual effects by Tobias Richter soaked up a significant amount of //Axanar//'s budget. <wrap lo>//Graphic/Axanar Productions//</wrap>}}]
  
-Just look at the categories in the 2015 Annual Report: insurance, phones, perks, shipping—and the ones that are basically Alec's lifestyle slush fund (convention expenses, auto, travel).+They've continued to sink money into the studio but, for inexplicable reasons, have yet to rent it out (probably because it still needs [[industry_studios#finishing the studio|more work]] before it's up to code and professional standards).
  
-Even though their lawyers are pro bono, the lawsuit has hard costs that have to be paid (depositions, transcriptions, subpoena services, travel).+Just look at the categories in the 2015 Annual Report: insurance, phones, perks, shipping—and the ones that are basically Peters' lifestyle slush fund (convention expenses, auto, travel).
  
-We know that a ton of the Tobias Richter VFX work were already completed. Was he paid? How much?+Even though his lawyers are pro bono, the lawsuit has hard costs that have to be paid (e.g., depositions, transcriptions, subpoena services, travel). 
 + 
 +We know that a ton of the Tobias Richter VFX work was already completed. Was he paid? How much?
 The short of it is: I would not be surprised if they are quite literally out of money. Or have $100K at most left to make anything. The short of it is: I would not be surprised if they are quite literally out of money. Or have $100K at most left to make anything.
  
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 So CBS would basically be calling Alec's bluff to let him proceed with making a limited version of Axanar...because he can't even afford to do that. So CBS would basically be calling Alec's bluff to let him proceed with making a limited version of Axanar...because he can't even afford to do that.
  
-And if he did, even though he would get to play Garth (which he is desperate to do, despite the fact he sucks and his own people consider him a horrible actor) it would be so embarrassingly bad he would be a laughingstock and a pariah.+[{{ :garth-v-garth.jpg?350|**GARTH VS. GARTH** Alec Peters as Garth of Izar (left), and Garth as portrayed in the TOS episode, "Whom Gods Destroy," as originally portrayed by Steve Ihnat.}}]
  
-Plus CBS would not allow him to make a documentary about himself. A good documentary actually could be profitable, a la Trekkies or The Death of Superman Lives.+And if he did, even though he would get to play Garth (which he is desperate to do, despite the fact he sucks and his own people consider him a horrible actor) it would be so embarrassingly bad he would be a laughing stock and a pariah. 
 + 
 +Plus CBS would not allow him to make a documentary about himself. A good documentary actually could be profitable, a la //Trekkies// or //The Death of Superman Lives//.
  
 ===== Ego Trip ===== ===== Ego Trip =====
  
-I do not believe Axanar was ever a moneymaking venture. I do believe it was a massive creative ego trip, and the money was incidental. So I do not doubt Alec's sincerity is to make the movie.+I do not believe Axanar was ever a moneymaking venture. I do believe it was a massive creative ego trip, and the money was incidental. So I do not doubt Alec's sincerity about making the movie.
  
-But we also have enough of a track record on him and his shenanigans (like the Propworx bankruptcy) that HE will follow the money.+But we also have enough of a track record on him and his shenanigans (like the [[https://businessbankruptcies.com/cases/propworx-inc|bankruptcy]] of his company, Propworx) that //he// will follow the money.
  
 ===== New Prediction ===== ===== New Prediction =====
  
 And for me his play financially is to: And for me his play financially is to:
-  - Try the Hail Mary pass of winning the lawsuit, to make Axanar as a fair use "mockumentary" and fulfill his dream of making bootleg Star Trek indefinitely (won't work, but worth a shot). \\ \\ When this fails (maybe after appeal, dragging it out another year):+  - Try the Hail Mary pass of winning the lawsuit, to make Axanar as a [[fair use]] "mockumentary" and fulfill his dream of making bootleg Star Trek indefinitely (won't work, but worth a shot). When this fails (maybe after [[http://axamonitor.com/doku.php?id=peters_second_life|appeal]], dragging it out at least another year):
   - Liquidate the studio — just walk away.    - Liquidate the studio — just walk away. 
   - Make a documentary about himself.   - Make a documentary about himself.
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 Really pathetic, and I feel so sorry for the donors who were swindled, and the people at CBS and Paramount who have to spend time on this instead of making //actual// Star Trek that we would all enjoy. {{:axamonitor-ico.gif?nolink|}} Really pathetic, and I feel so sorry for the donors who were swindled, and the people at CBS and Paramount who have to spend time on this instead of making //actual// Star Trek that we would all enjoy. {{:axamonitor-ico.gif?nolink|}}
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 +<wrap lo>**[[imdb>name/nm0447620/|Lukas Kendall]]** is an award-winning producer and actor, known for //Lucky Bastard// (2014), //Basil Poledouris: His Life and Music// (1997), in addition to //Free Enterprise//, in which he is credited for providing additional voices. He is also known as the editor and publisher of the film music appreciation newsletter and website, [[http://filmsscoremonthly.com|Film Score Monthly]]. \\ \\ His Star Trek credentials include producing most of the recent collector’s edition soundtrack CDs, including the 15-disc La-La Land Records TOS box set. He also assisted with the publication of "Return to Tomorrow," the oral history of //Star Trek: The Motion Picture//. In 2015, he wrote a seminal essay for TrekMovie.com, "[[http://trekmovie.com/2015/01/11/editorial-the-future-of-star-trek-its-the-story-stupid/|The Future of Star Trek: It’s the Story, Stupid]]," examining the franchise's fundamental appeal and the reasons why J.J. Abrams' Star Trek reboot is so polarizing.((Some of Kendall's biographical information adapted from [[http://trekmovie.com/2015/01/11/editorial-the-future-of-star-trek-its-the-story-stupid/|TrekMovie.com]].))</wrap>
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 +**Keywords** {{tag>commentary opinion lawsuit players defendants plaintiffs news}}