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excluding_evidence [2016/12/17 23:38] – Carlos Pedrazaexcluding_evidence [Unknown date] (current) – external edit (Unknown date) 127.0.0.1
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 </WRAP> </WRAP>
  
-<wrap lo>//See also: [[summary_fact_check|Peters' Personal Spending Spurs Axanar Accounting]]//</wrap>+<wrap lo>See also: //[[order_exclude_evidence|Judge Rules on Excluding Evidence]]// and //[[summary_fact_check|Peters' Personal Spending Spurs Axanar Accounting]]//</wrap>
  
 Attorneys filed motions December 16, 2016, seeking to exclude evidence from Axanar’s upcoming copyright infringement trial. The defense, as expected, challenged the admissibility of defendant [[Alec Peters]]’ damning financial records,  and sought to disallow testimony from //Prelude// director [[gossett-subpoena|Christian Gossett]] and former chief technologist [[terry_mcintosh|Terry McIntosh]], citing their "personal drama" and "smear campaign" against Peters. Attorneys filed motions December 16, 2016, seeking to exclude evidence from Axanar’s upcoming copyright infringement trial. The defense, as expected, challenged the admissibility of defendant [[Alec Peters]]’ damning financial records,  and sought to disallow testimony from //Prelude// director [[gossett-subpoena|Christian Gossett]] and former chief technologist [[terry_mcintosh|Terry McIntosh]], citing their "personal drama" and "smear campaign" against Peters.
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 [{{ ::december-16-1.jpg?nolink|**DEADLINE** Attorneys for both sides asked the court to keep certain evidence away from the jury.}}] [{{ ::december-16-1.jpg?nolink|**DEADLINE** Attorneys for both sides asked the court to keep certain evidence away from the jury.}}]
- 
-===== Evidence to Keep from Jury ===== 
  
 December 16 was designated by federal [[judge_r._gary_klausner|Judge R. Gary Klausner]] as the deadline for attorneys for both Axanar and the studios suing Peters to submit motions to exclude evidence from the upcoming trial. December 16 was designated by federal [[judge_r._gary_klausner|Judge R. Gary Klausner]] as the deadline for attorneys for both Axanar and the studios suing Peters to submit motions to exclude evidence from the upcoming trial.
 +
 +===== Evidence to Keep from Jury =====
  
 Among the motions filed, the parties sought to exclude the following evidence: Among the motions filed, the parties sought to exclude the following evidence:
-  * Plaintiffs [[CBS]] and [[paramount_pictures|Paramount Pictures]] wanted to exclude the financial statements for Axanar that Peters had altered to delete [[summary_fact_check|personal expenses]] included in an earlier set of records. +  * **FINANCIALS** Plaintiffs [[CBS]] and [[paramount_pictures|Paramount Pictures]] wanted to exclude the financial statements for Axanar that Peters had altered to delete [[summary_fact_check|personal expenses]] included in an earlier set of records. 
-  * The studios wanted to exclude scripts Peters had revised after the lawsuit was filed in December 2016, as well as excluding testimony from witnesses discussing [[defense_summary-filing#premature_claim|those scripts]]. +  * **SCRIPTS** The studios wanted to exclude scripts Peters had revised after the lawsuit was filed in December 2016, as well as excluding testimony from witnesses discussing [[defense_summary-filing#premature_claim|those scripts]]. 
-  * CBS and Paramount sought to exclude all testimony and public statements made by Star Trek producer [[discovery_order#jj_abrams_and_justin_lin|J.J. Abrams and director Justin Lin]]. +  * **ABRAMS AND LIN** CBS and Paramount sought to exclude all testimony and public statements made by Star Trek producer [[discovery_order#jj_abrams_and_justin_lin|J.J. Abrams and director Justin Lin]]. 
-  * The studios also wanted to disallow testimony from Axanar surrogate Jonathan Lane as an expert witness on fan films. Lane publishes the pro-Axanar Fan Film Factor blog. [{{ ::garth_of_izar.jpg?200|**MORE INFRINGEMENT** CBS claims //Axanar// infringes on the character portrayed in the 2003 Star Trek novel, "Garth of Izar."}}] +  * **FAN FILM BLOGGER** The studios also wanted to disallow testimony from Axanar surrogate Jonathan Lane as an expert witness on fan films. Lane publishes the pro-Axanar Fan Film Factor blog. [{{ ::garth_of_izar.jpg?200|**MORE INFRINGEMENT** CBS claims //Axanar// infringes on the character portrayed in the 2003 Star Trek novel, "Garth of Izar."}}] 
-  * Paramount and CBS also wanted to exclude testimony and documents regarding Star Trek fan films, particularly the the [[guidelines-podcast|fan film guidelines]] because they contend Axanar by its own admission was a fully professional, independent Star Trek film project, not a fan film. +  * **FAN FILMS** Paramount and CBS also wanted to exclude testimony and documents regarding Star Trek fan films, particularly the the [[guidelines-podcast|fan film guidelines]] because they contend Axanar by its own admission was a fully professional, independent Star Trek film project, not a fan film. 
-  * Axanar wanted to prevent the studios from claiming copyright infringement on any Star Trek works not identified in the plaintiffs' actual legal complaint, including the [[knowing_infringement|Star Trek Role Playing Game]] Peters has always pointed to as an important source for //Axanar//, and the 2003 novel, "[[http://memory-beta.wikia.com/wiki/Garth_of_Izar_(novel)|Garth of Izar]]," which features the same protagonist as that portrayed in //Axanar//. +  * **GARTH NOVEL, ROLE-PLAYING GAME** Axanar wanted to prevent the studios from claiming copyright infringement on any Star Trek works not identified in the plaintiffs' actual legal complaint, including the [[knowing_infringement|Star Trek Role Playing Game]] Peters has always pointed to as an important source for //Axanar//, and the 2003 novel, "[[http://memory-beta.wikia.com/wiki/Garth_of_Izar_(novel)|Garth of Izar]]," which features the same protagonist as that portrayed in //Axanar//. 
-  * Citing ""evidence concerning personal drama, smear campaign, and other irrelevant communications" — specifically naming former staff, director Gossett and CTO McIntosh — Axanar wanted all their testimony disallowed. +  * **PERSONAL DRAMA** Citing ""evidence concerning personal drama, smear campaign, and other irrelevant communications" — specifically naming former staff, director Gossett and CTO McIntosh — Axanar wanted all their testimony disallowed. 
-  * Axanar wanted to "preclude plaintiffs from referring to irrelevant superseded scripts," meaning the "fully revised and locked" 2015 script on which Peters premised his crowdfunding campaign. +  * **MORE SCRIPTS** Axanar wanted to "preclude plaintiffs from referring to irrelevant superseded scripts," meaning the "fully revised and locked" 2015 script on which Peters premised his crowdfunding campaign. 
-  * The defense also asked the court to disallow any mention of the financial information of "certain defendants," presumably Peters, his former girlfriend Diana Kingsbury and others the plaintiffs claimed financially benefitted from Axanar. +  * **MORE FINANCIALS** The defense also asked the court to disallow any mention of the financial information of "certain defendants," presumably Peters, his former girlfriend Diana Kingsbury and others the plaintiffs claimed financially benefitted from Axanar. 
-  * Axanar wanted to exclude any evidence "regarding defendants' use of the name 'Star Trek,'" in fact largely asking the court to prevent introduction of specific Star Trek elements such as Vulcans, Klingons, the command insignia, Starfleet, the starship Enterprise, Romulans, Tellarites, Andorians and characters like Garth of Izar, Vulcan ambassador Soval, Captain Richard Robau, historian John Gill, Spock's father Sarek, among others, claiming they are not protected by copyright. [{{ :4-years-war.jpg?direct&200|**SOURCEBOOK** “The Four Years War,” a game sourcebook published by FASA under a license from Paramount Pictures in 1986 was the inspiration for Alec Peters’ story in the Axanar film.}}] +  * **THE NAME 'STAR TREK'** Axanar wanted to exclude any evidence "regarding defendants' use of the name 'Star Trek,'" in fact largely asking the court to prevent introduction of specific Star Trek elements such as Vulcans, Klingons, the command insignia, Starfleet, the starship Enterprise, Romulans, Tellarites, Andorians and characters like Garth of Izar, Vulcan ambassador Soval, Captain Richard Robau, historian John Gill, Spock's father Sarek, among others, claiming they are not protected by copyright. [{{ :4-years-war.jpg?direct&200|**SOURCEBOOK** “The Four Years War,” a game sourcebook published by FASA under a license from Paramount Pictures in 1986 was the inspiration for Alec Peters’ story in the Axanar film.}}] 
-  * The studios wanted to exclude the testimony of Axanar's expert financial witness, certified public accountant Christian Tregillis. +  * **EXPERT FINANCIAL WITNESS** The studios wanted to exclude the testimony of Axanar's expert financial witness, certified public accountant Christian Tregillis. 
-  * Axanar also asked plaintiffs be prevented from referring to "the quality of defendants' works" +  * **AXANAR'S QUALITY** Axanar also asked plaintiffs be prevented from referring to "the quality of defendants' works" 
-  * CBS and Paramount sought to exclude expert testimony of academic [[https://t.co/GuZqvvImFO|Henry Jenkins]], a professor at the University of Southern California, who has argued that fan works deserve protection under copyright law's [[fair use]] provisions.+  * **EXPERT MEDIA WITNESS** CBS and Paramount sought to exclude expert testimony of academic [[https://t.co/GuZqvvImFO|Henry Jenkins]], a professor at the University of Southern California, who has argued that fan works deserve protection under copyright law's [[fair use]] provisions.
  
-==== How Evidence was Gathered ====+===== How Evidence was Gathered =====
  
 Both sides gathered a great deal of potential evidence as part of the [[discovery]] process in the case, some of which has already been submitted to the court as part of both sides' request from the judge to issue a [[summary judgment]] in their favor to avoid or limit the scope of the trial [[anatomy_of_the_case|scheduled]] to begin January 31, 2017. Both sides gathered a great deal of potential evidence as part of the [[discovery]] process in the case, some of which has already been submitted to the court as part of both sides' request from the judge to issue a [[summary judgment]] in their favor to avoid or limit the scope of the trial [[anatomy_of_the_case|scheduled]] to begin January 31, 2017.
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 ==== Axanar Goes on the Defensive ==== ==== Axanar Goes on the Defensive ====
  
-Notwithstanding Ranahan's protestations, Peters' public relations team sought to downplay what had so far been made public about his alleged mismanagement of the funds that were intended to produce the //Axanar// film. According to the defense's own expert financial witness all that money is gone;((Expert Report of Christian Tregellis, CPA, ABV, CFF, CLP, Hemming Morse, LLP, p. 15, 12/5/16.)) the promised film was never produced.+Notwithstanding Ranahan's protestations, Peters' public relations team sought to downplay what had so far been made public about his alleged mismanagement of the funds that were intended to produce the //Axanar// film. According to the defense's own expert financial witness all that money is gone;((Expert Report of Christian Tregillis, CPA, ABV, CFF, CLP, Hemming Morse, LLP, p. 15, 12/5/16.)) the promised film was never produced.
  
 <wrap lo>See also: //[[summary_replies#Axanar's Money is Gone]]// and //[[summary_fact_check|Peters' Personal Spending Spurs Axanar Accounting]]//</wrap> <wrap lo>See also: //[[summary_replies#Axanar's Money is Gone]]// and //[[summary_fact_check|Peters' Personal Spending Spurs Axanar Accounting]]//</wrap>