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plaintiffs_answer [2016/06/16 01:50] – [Plaintiffs Answer Counterclaim] edit for clarity Carlos Pedrazaplaintiffs_answer [Unknown date] (current) – external edit (Unknown date) 127.0.0.1
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 In their Answer, the plaintiffs' attorneys, [[Loeb & Loeb]], responded directly to the counterclaim, which is essentially a suit by the defendants against the plaintiffs, reversing roles and with its own timetable. The defendants have the burden of proof for their counterclaim.(([[https://www.law.cornell.edu/rules/frcp/rule_12|"Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing," Legal Information Institute, Cornell School of Law]], retrieved 6/13/16.)) In their Answer, the plaintiffs' attorneys, [[Loeb & Loeb]], responded directly to the counterclaim, which is essentially a suit by the defendants against the plaintiffs, reversing roles and with its own timetable. The defendants have the burden of proof for their counterclaim.(([[https://www.law.cornell.edu/rules/frcp/rule_12|"Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing," Legal Information Institute, Cornell School of Law]], retrieved 6/13/16.))
  
-The answer was filed 21 days after the counterclaim was served on the plaintiffs by Axanar attorneys [[Winston & Strawn]], who have the opportunity to respond before the case was to continue into [[discovery]]. +<WRAP right round download 50%> 
- +**DOWNLOAD** the [[https://www.dropbox.com/s/ajydw30mnljo7y5/Paramount%20v%20Axanar%202-15-cv-09938%20CD%20CA%202016-06-15%2049%20Paramount%20Answer%20to%20counterclaim%2048.pdf?dl=0|Answer to Axanar's counterclaim]], filed by attorneys for CBS and Paramount.
-<WRAP right box 50%> +
-//**__With regard to its ‘uncertainty as to how Axanar may proceed with its film,’ the plaintiffs stated ‘their [legal] action remains pending. ’__**// — //Plaintiffs' answer to Axanar counterclaim//+
 </WRAP> </WRAP>
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 +The answer was filed 21 days after the counterclaim was served on the plaintiffs by Axanar attorneys [[Winston & Strawn]], who have the opportunity to respond before the case was to continue into [[discovery]].
  
 === Counterclaim === === Counterclaim ===
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 ==== Studios' Response ==== ==== Studios' Response ====
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 +//**__With regard to its ‘uncertainty as to how Axanar may proceed with its film,’ the plaintiffs stated ‘their [legal] action remains pending. ’__**// — //Plaintiffs' answer to Axanar counterclaim//
 +</WRAP>
  
 In their eight-page response, CBS and Paramount generally denied Axanar's claims, especially challenging Axanar's assertion that "until this lawsuit, Plaintiffs, or any predecessor claiming to own copyrights in the Star Trek universe, had never filed a lawsuit against any Star Trek fan in connection with that fan’s efforts to contribute to the wealth of Star Trek fan fiction that currently exists."((Answer of Defendants … to Plaintiffs' First Amended Complaint; Counterclaim for Declaratory Relief; Demand for Jury Trial, p. 17 ¶9, 5/23/16.)) Instead, the plaintiffs replied: In their eight-page response, CBS and Paramount generally denied Axanar's claims, especially challenging Axanar's assertion that "until this lawsuit, Plaintiffs, or any predecessor claiming to own copyrights in the Star Trek universe, had never filed a lawsuit against any Star Trek fan in connection with that fan’s efforts to contribute to the wealth of Star Trek fan fiction that currently exists."((Answer of Defendants … to Plaintiffs' First Amended Complaint; Counterclaim for Declaratory Relief; Demand for Jury Trial, p. 17 ¶9, 5/23/16.)) Instead, the plaintiffs replied:
  
 > [Plaintiffs] admit that they have not sued with respect to all uses of the Star Trek Copyrighted Works, but deny that they have not previously sued to enforce their intellectual property rights in the Star Trek Copyrighted Works.((Paramount Pictures Corp. and CBS Studios Inc.'s Answer to Counterclaim, p. 2 ¶9, 6/15/16.)) > [Plaintiffs] admit that they have not sued with respect to all uses of the Star Trek Copyrighted Works, but deny that they have not previously sued to enforce their intellectual property rights in the Star Trek Copyrighted Works.((Paramount Pictures Corp. and CBS Studios Inc.'s Answer to Counterclaim, p. 2 ¶9, 6/15/16.))
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-[{{ :abrams-lin.jpg?300|**INTERCEDING** At a //Star Trek Beyond// event, producer J.J. Abrams (left) and director Justin Lin (right) claimed the copyright suit against Axanar was "going away."}}] 
  
 === Tolerated Use === === Tolerated Use ===
  
-The plaintiffs disputed Peters' claim that given his "extensive history with CBS," he believed he was "operating within the tolerated realm of Star Trek fan faction," and that he "reached out to CBS on multiple occasions in an effort to seek guidelines about the production."((Answer of Defendants … to Plaintiffs' First Amended Complaint; Counterclaim for Declaratory Relief; Demand for Jury Trial, p. 20 ¶18, 5/23/16.)) Instead, they stated:+The plaintiffs disputed Peters' claim that given his "extensive history with CBS," he believed he was "operating within the tolerated realm of Star Trek fan fiction," and that he "reached out to CBS on multiple occasions in an effort to seek guidelines about the production."((Answer of Defendants … to Plaintiffs' First Amended Complaint; Counterclaim for Declaratory Relief; Demand for Jury Trial, p. 20 ¶18, 5/23/16.)) Instead, they stated:
  
 > [The plaintiffs] deny that Defendant Alec Peters “reached out to CBS” on multiple occasions, admit that Defendant Alec Peters spoke to [[[CBS officials]]] Bill Burke and to John Van Citters, but state that Mr. Peters was never given permission to use Star Trek Copyrighted Works, nor was he provided with “guidelines” regarding ways in which he could use Plaintiffs’ intellectual property for his Star Trek film projects, for either commercial or non-commercial use, nor was he told that his use of such Star Trek Copyrighted Works would be tolerated.((Paramount Pictures Corp. and CBS Studios Inc.'s Answer to Counterclaim, p. 3 ¶18, 6/15/16.)) > [The plaintiffs] deny that Defendant Alec Peters “reached out to CBS” on multiple occasions, admit that Defendant Alec Peters spoke to [[[CBS officials]]] Bill Burke and to John Van Citters, but state that Mr. Peters was never given permission to use Star Trek Copyrighted Works, nor was he provided with “guidelines” regarding ways in which he could use Plaintiffs’ intellectual property for his Star Trek film projects, for either commercial or non-commercial use, nor was he told that his use of such Star Trek Copyrighted Works would be tolerated.((Paramount Pictures Corp. and CBS Studios Inc.'s Answer to Counterclaim, p. 3 ¶18, 6/15/16.))
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 +[{{ :abrams-lin.jpg?300|**INTERCEDING** At a //Star Trek Beyond// event, producer J.J. Abrams (left) and director Justin Lin (right) claimed the copyright suit against Axanar was "going away."}}]
  
 The studios also denied Peters' version of his August 2015 [[cbs_officials|meeting with CBS officials]], from which he claimed he received no warning he had "gone too far," despite his "years … of contributions in support of both CBS and Paramount."((Answer of Defendants … to Plaintiffs' First Amended Complaint; Counterclaim for Declaratory Relief; Demand for Jury Trial, p. 21 ¶19, 5/23/16.)) The studios also denied Peters' version of his August 2015 [[cbs_officials|meeting with CBS officials]], from which he claimed he received no warning he had "gone too far," despite his "years … of contributions in support of both CBS and Paramount."((Answer of Defendants … to Plaintiffs' First Amended Complaint; Counterclaim for Declaratory Relief; Demand for Jury Trial, p. 21 ¶19, 5/23/16.))
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 == Overstatement == == Overstatement ==
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-[{{ :alec_peters.jpg?150|**Alec Peters**}}] 
  
 In the counterclaim, Peters described his previous association with CBS as his "expertise" regarding Star Trek props and costumes, "recognized by CBS when they hired him to sell the assets of the Star Trek Experience [sic]," volunteering to help CBS cataloging its Star Trek prop and costume archive and donating his warehouse to house some objects.((Answer of Defendants … to Plaintiffs' First Amended Complaint; Counterclaim for Declaratory Relief; Demand for Jury Trial, p. 18-19 ¶14, 5/23/16.)) In the counterclaim, Peters described his previous association with CBS as his "expertise" regarding Star Trek props and costumes, "recognized by CBS when they hired him to sell the assets of the Star Trek Experience [sic]," volunteering to help CBS cataloging its Star Trek prop and costume archive and donating his warehouse to house some objects.((Answer of Defendants … to Plaintiffs' First Amended Complaint; Counterclaim for Declaratory Relief; Demand for Jury Trial, p. 18-19 ¶14, 5/23/16.))
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 +[{{ :alec_peters.jpg?150|**Alec Peters**}}]
  
 Instead, the plaintiffs minimized their experience with Peters: "[We] admit that CBS Consumer Products Inc. worked in the past in a limited capacity with a company with which Alec Peters was involved," otherwise lacking information to substantiate his other claims.((Paramount Pictures Corp. and CBS Studios Inc.'s Answer to Counterclaim, p. 2 ¶14, 6/15/16.)) Instead, the plaintiffs minimized their experience with Peters: "[We] admit that CBS Consumer Products Inc. worked in the past in a limited capacity with a company with which Alec Peters was involved," otherwise lacking information to substantiate his other claims.((Paramount Pictures Corp. and CBS Studios Inc.'s Answer to Counterclaim, p. 2 ¶14, 6/15/16.))