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fairness [2016/03/14 04:07] – added notoc Carlos Pedrazafairness [2016/08/25 22:12] – layout fix; added 'opinion' tag Carlos Pedraza
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 ~~NOTOC~~ ~~NOTOC~~
-{{:fairness-zone.jpg|By Robert Steinhöfel; used under Creative Commons license.}}+{{:fairness-zone.jpg|Photo by Robert Steinhöfel; used under Creative Commons license.}}
  
 ====== Fairness ====== ====== Fairness ======
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-{{ :user:carlos-doku.jpg?nolink&60|}}+//**__Opinion__**// \\ 
 +{{:user:carlos-doku.jpg?nolink&60|}} \\
 <wrap lo>By [[user>cpedraza|Carlos Pedraza]] \\ <wrap lo>By [[user>cpedraza|Carlos Pedraza]] \\
 **AxaMonitor** editor \\ **AxaMonitor** editor \\
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-**I'M AWARE** that supporters of //Axanar// are not big fans of this website. That's usually the case when a journalist starts looking into a controversial topic, and //Axanar// is about as controversial as it gets in fandom.+**A MONTH AGO** I launched **AxaMonitor**, and I'm aware //Axanar// supporters are not big fans. That's usually the case when a journalist starts looking into a controversial topic, and //Axanar// is about as controversial as it gets in fandom.
  
 It's got it all — corporate Goliaths vs. fannish Davids, a fight over "true" Star Trek, fans hurling vitriol and threats at each other, doxxing, suspicious real estate deals, a high-profile court case and lots and [[crowdfunding platforms|lots of money]], all earned off the goodwill of tens of thousands of hopeful fans. It's got it all — corporate Goliaths vs. fannish Davids, a fight over "true" Star Trek, fans hurling vitriol and threats at each other, doxxing, suspicious real estate deals, a high-profile court case and lots and [[crowdfunding platforms|lots of money]], all earned off the goodwill of tens of thousands of hopeful fans.
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-//**__‘Just from looking at the [AxaMonitor] front page, there is a definite view against Axanar and prejudice shown.’__**//+//**__‘Just from looking at the front page, there is a definite view against Axanar and prejudice shown.’__**// //— Critic's post on Facebook//
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-**THEY DON'T SEE** this lawsuit as an attack on copyright infringement, or even on producer [[Alec Peters]] and his  company, [[Axanar Productions]], except as an effort to prevent production of a competing — and better — vision of Star Trek. These fans see the lawsuit as an attack on fans themselves. Real fans of Star Trek, true fans, who believe Star Trek has devolved from the optimistic vision of Gene Roddenberry into the mere lens-flared action sequences of J.J. Abrams. This is certainly the [[lawsuit#axanar's public reaction|narrative]] Peters has been weaving since the suit was filed in December.+**THEY DON'T SEE** this lawsuit as an attack on copyright infringement, or even on producer [[Alec Peters]] and his  company, [[Axanar Productions]], except as an effort to prevent production of a [[http://www.inquisitr.com/2675446/star-trek-axanar-and-star-trek-beyond-can-they-coexist/#aVg68LR4x9R7jtG1.99|competing]] — and better — vision of Star Trek. These fans see the lawsuit as an attack on fans themselves. Real fans of Star Trek, true fans, who believe Star Trek has devolved from the optimistic vision of Gene Roddenberry into the mere lens-flared action sequences of J.J. Abrams. This is certainly the [[lawsuit#axanar's public reaction|narrative]] Peters has been weaving since the suit was filed in December.
  
-I was accused the other day on Twitter by //Axanar// director [[Robert Meyer Burnett]] of being "meticulously biased" in my coverage of the lawsuit. I take feedback like that pretty seriously, and I asked him to point it out to me, since every article on this site has citations to back up what's presented. He declined, changing the subject to a new claim from the Axanar folks that the studio they've spent hundreds of thousands of dollars to construct in their leased warehouse was, in fact, //not// a studio. Huh? Well, that's [[warehouse|another story]] I'll get to later.+I was accused the other day on Twitter by //Axanar// director [[Robert Meyer Burnett]] of being "[[twit>BurnettRM/status/707606968941158400|meticulously biased]]" in my coverage of the lawsuit. I take feedback like that pretty seriously, and I asked him to point it out to me, since every article on this site has citations to back up what's presented. He declined, changing the subject to a new claim from the Axanar folks that the studio they've spent hundreds of thousands of dollars to construct in their leased warehouse was, in fact, //not// a studio.(([[twit>BurnettRM/status/707693784314695680|Twitter, @BurnettRM]], 3/9/16.)) Huh? Well, that's [[investor group|another story]] I'll get to later.
  
 **YESTERDAY ON** Facebook, another person criticized the negative slant of the news and commentary items posted each day on the **AxaMonitor** [[start|home page]]: **YESTERDAY ON** Facebook, another person criticized the negative slant of the news and commentary items posted each day on the **AxaMonitor** [[start|home page]]:
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 ==== 'Detailed Infringement' ==== ==== 'Detailed Infringement' ====
  
-Remember, first of all, that a lawsuit is inherently an adversarial process, so each pleading is naturally going to reflect that, and so will a news story reporting that. Second, the slug, "Detailed Infringement" is an accurate portrayal of the main thrust of the amended complaint. Moreover, it is also precisely what the defense asked for in its motion to dismiss — more specificity in the infringements CBS is alleging.+Remember, first of all, that a lawsuit is inherently an adversarial process, so each pleading is naturally going to reflect that, and so will a news story reporting on it. Second, the slug, "Detailed Infringement" is an accurate portrayal of the main thrust of the amended complaint. Moreover, it is also precisely what the defense asked for in its motion to dismiss — more specificity in the infringements CBS is alleging.
  
 <WRAP right round box 50%> <WRAP right round box 50%>
-//**__‘Scrutiny feels a lot like bias when you're the object of the scrutiny.’__**//+//**__‘Scrutiny can feel a lot like bias when you’re the object of the scrutiny.’__**//
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 ==== 'Phony Fair Use?' ==== ==== 'Phony Fair Use?' ====
  
-Regarding the alleged bias in the second example, frankly, I don't quite understand what's meant by 'bias in verbiage.' The linked-to article is an opinion piece by a respected expert in copyright. The use of the term 'phony' reflects exactly the title of said opinion piece; the question mark is my heads-up to the fact that this is an //opinion// piece, clearly attributed to that author, hence the quotation marks and attribution.+Regarding the alleged bias in the second example, frankly, I don't quite understand what's meant by 'bias in verbiage.' The linked-to article is an opinion piece by a respected expert in copyright. The use of the term 'phony' reflects exactly the title of said opinion piece; the question mark is my heads-up to the fact that this is an //opinion// piece, clearly attributed to that author, hence the quotation marks.
  
 Also, believe me, I have searched long and hard for reasoned opinion pieces that support Axanar's use of Star Trek copyrights. I have found plenty of articles generally supporting Axanar — most of which exhibit unfounded notions of what copyright law actually entails — but few making actual arguments based on the law that provide any kind of affirmative defense for what Axanar has done. What I have found I do include on AxaMonitor. I perform this Google search every day. The reality is that virtually all the attorneys and copyright scholars I can find don't see a way out for Axanar, short of a novel, as-yet-untested legal argument to be proposed by their attorneys. Also, believe me, I have searched long and hard for reasoned opinion pieces that support Axanar's use of Star Trek copyrights. I have found plenty of articles generally supporting Axanar — most of which exhibit unfounded notions of what copyright law actually entails — but few making actual arguments based on the law that provide any kind of affirmative defense for what Axanar has done. What I have found I do include on AxaMonitor. I perform this Google search every day. The reality is that virtually all the attorneys and copyright scholars I can find don't see a way out for Axanar, short of a novel, as-yet-untested legal argument to be proposed by their attorneys.
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 ==== My Actual Bias ==== ==== My Actual Bias ====
  
-Finally, I will add that what bias I do have is stated upfront: **AxaMonitor** is intended to show what's at stake in this case; and the stakes are high, both for the individuals named (and yet to be named) in the suit, and for copyright holders battling for what the Constitution guarantees them — control over their own intellectual property.+Finally, I will add that what bias I do have is stated up front: **AxaMonitor** is intended to show what's at stake in this case; and the stakes are high, both for the individuals named (and yet to be named) in the suit, and for copyright holders battling for what the Constitution and federal law offers them — exclusive control over their own intellectual property.
  
 My other bias is for fan films in general — fan productions are how I got started in my career. This case definitely poses a threat to continued fan productions and so I do look for and spotlight news and commentary that address issues that could hurt fan films. My other bias is for fan films in general — fan productions are how I got started in my career. This case definitely poses a threat to continued fan productions and so I do look for and spotlight news and commentary that address issues that could hurt fan films.
  
-Please do not conflate Axanar with all fan films — a term Axanar publicly disdained for itself until its [[motion to dismiss]] was filed.(([[http://1701news.com/node/1004/quote-quote-quote-quote.html|Alec Peters interview, 1701News: "A Quote Is A Quote Is A Quote Is A Quote"]], 2/2/16.)) As more evidence about their activities come to light, more differences emerge than similarities to the activities of other fan productions. I understand you may see that as bias, but I work hard to meticulously source every piece on AxaMonitor, so I have sources for any assertions made on the site. Pure opinion and speculation are explicitly identified and attributed.+<WRAP right round box 50%> 
 +//**__‘The purpose of AxaMonitor is to provide scrutiny to a production that explicitly invited it.’__**// 
 +</WRAP> 
 + 
 +Please do not conflate Axanar with all fan films — a term Axanar publicly disdained for itself(([[http://1701news.com/node/1004/quote-quote-quote-quote.html|Alec Peters interview, 1701News: "A Quote Is A Quote Is A Quote Is A Quote"]], 2/2/16.)) until it was [[motion to dismiss|legally advantageous]] to call itself one. As more evidence about their activities come to light, more differences emerge than similarities to the activities of other fan productions. I understand you may see that as bias, but I work hard to meticulously source every piece on AxaMonitor; I have citations behind the assertions made on the site. Pure opinion and speculation are explicitly identified and attributed.
  
 I speak regularly to Axanar spokesman Mike Bawden, and I have encouraged him to point out for me any unfair or inaccurate content on the site. He told me he is confident I would give any of his feedback a fair hearing.((Email from Mike Bawden to Carlos Pedraza, 3/6/16.)) I speak regularly to Axanar spokesman Mike Bawden, and I have encouraged him to point out for me any unfair or inaccurate content on the site. He told me he is confident I would give any of his feedback a fair hearing.((Email from Mike Bawden to Carlos Pedraza, 3/6/16.))
  
-In conclusion, I'd urge Axanar supporters to consider where their own biases may lie. There's nothing wrong with having them, of course, as long as we're aware of how they tend to skew our perceptions. I'm willing to admit mine, and rectify them, where accurately pointed out. And I'd add that I am clear that the purpose of AxaMonitor is to provide scrutiny to a production that explicitly invited it; scrutiny feels a lot like bias when you're the object of the scrutiny.+In conclusion, I'd urge Axanar supporters to consider where their own biases may lie. There's nothing wrong with having them, of course, as long as we're willing to set them aside when confronted by actual facts. And I'd add that I am clear that the purpose of AxaMonitor is to provide scrutiny to a production that explicitly invited it; scrutiny can feel a lot like bias when you're the object of the scrutiny. 
 + 
 +Thanks for your consideration. {{:axamonitor-ico.gif?nolink|}}
  
-Thanks for your consideration.+---- 
 +**Keywords** {{tag>about news analysis opinion}}