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plaintiffs_answer [2016/06/13 23:41] – Carlos Pedrazaplaintiffs_answer [Unknown date] (current) – external edit (Unknown date) 127.0.0.1
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-/* {{::ca-district-courthouse.jpg|}}+{{::ca-district-courthouse.jpg|}}
 {{TOC}} {{TOC}}
 ====== Plaintiffs Answer Counterclaim ====== ====== Plaintiffs Answer Counterclaim ======
 +//CBS, Paramount Say Their Lawsuit Isn't Over, Move on to Discovery//
  
 {{page>understanding}} {{page>understanding}}
  
-CBS and Paramount Pictures submitted on June 13, 2016, [their Answer to] [a motion to dismiss against] the counterclaim filed by Axanar Productions and producer Alec Peters in the studios' copyright lawsuit.+CBS and Paramount Pictures filed on June 15, 2016, their **Answer** to the counterclaim filed by Axanar's attorneys, denying the copyright lawsuit is done, despite the protests of producer J.J. Abrams and //Star Trek Beyond// director Justin Lin.
  
-<WRAP right round alert 50%> +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.)) 
-<wrap lo><wrap em>DRAFT</wrap> This is a breaking story. This article should be considered incomplete until this notice is removed.</wrap>+ 
 +<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> </WRAP>
  
-===== Motion to Dismiss =====+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]].
  
-The motion is a response to the [[answer|counterclaim]] Axanar's attorneys, [[Winston & Strawn]], filed May 23. The filing in U.S. District Court ask [[judge_r._gary_klausner|Judge R. Gary Klausner]] to strike portions of the counterclaim, or dismiss it outright.+=== Counterclaim ===
  
-The plaintiffs' dismissal motion gives the defense 14 days to respond, followed by the plaintiffs chance to reply to that before the judge makes a ruling.+In their counterclaim, the defendants, producer [[Alec Peters]] and his [[Axanar Productions]] alleged they have: 
 +  * "A real and reasonable apprehension" they face additional litigation if they proceed with //Axanar//. 
 +  * Put //Axanar// on hold until the studios provide "necessary guidance" to prevent the defendants increasing their liability. 
 +  * Grounds for a declaratory judgment that //Prelude to Axanar//, the //Axanar// screenplays, its "[[Vulcan Scene]]," and any other alleged infringing works are not "[[answer#substantial_similarity|substantially similar]]" to Star Trek, or constitute fair use under copyright law.((Answer of Defendants … to Plaintiffs' First Amended Complaint; Counterclaim for Declaratory Relief; Demand for Jury Trial, p. 27, ¶36-38, 5/23/16.))
  
-Loeb asked Klausner for a hearing on the dismissal on XXXXXXXXX, 2016.+==== Studios' Response ====
  
-===== Answer =====+<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>
  
-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 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:
  
-The answer was filed 21 days after the counterclaim was filed by Axanar, which will have had an additional 21 days to respond before the case was to continue into [[discovery]].+> [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.))
  
-==== Counterclaim ====+=== Tolerated Use ===
  
-In their counterclaim, the defendants alleged they have: +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: 
-  * "A real and reasonable apprehension" they face additional litigation if they proceed with //Axanar//. + 
-  * Put //Axanar// on hold until the studios provide "necessary guidance" to prevent the defendants increasing their liability. +> [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.)) 
-  * Grounds for a declaratory judgment that //Prelude to Axanar//, the //Axanar// screenplays, its "[[Vulcan Scene]]," and any other alleged infringing works are not "[[answer#substantial_similarity|substantially similar]]" to Star Trek, or constitute fair use under copyright law.((Answer of Defendants … to Plaintiffs' First Amended Complaint; Counterclaim for Declaratory Relief; Demand for Jury Trial, p. 27, ¶36-38, 5/23/16.))+ 
 +[{{ :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.)) 
 + 
 +Instead, the plaintiffs denied that they did not "‘express any concerns’ to Peters prior to this lawsuit."((Paramount Pictures Corp. and CBS Studios Inc.'s Answer to Counterclaim, p. 3 ¶19, 6/15/16.)) 
 + 
 +== Overstatement == 
 + 
 +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.)) 
 + 
 +[{{ :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.)) 
 + 
 +=== Abrams-Lin Intercession === 
 + 
 +On May 20, 2016, Star Trek producer Abrams claimed the case was "going away … within the next few weeks," by which Axanar claimed Abrams and Lin had "publicly renounced" the suit.((Answer of Defendants … to Plaintiffs' First Amended Complaint; Counterclaim for Declaratory Relief; Demand for Jury Trial, p. 23 ¶23, 5/23/16.)) 
 + 
 +Instead, the plaintiffs stated that while Abrams' and Lin's public statements "speak for themselves," otherwise the plaintiffs denied Abrams and Lin had renounced the suit.((Paramount Pictures Corp. and CBS Studios Inc.'s Answer to Counterclaim, p. 4 ¶23, 6/15/16.)) 
 + 
 +With regard to its "uncertainty as to how Axanar may proceed with its film,"((Answer of Defendants … to Plaintiffs' First Amended Complaint; Counterclaim for Declaratory Relief; Demand for Jury Trial, p. 23 ¶25, 5/23/16.)) the plaintiffs stated "their [legal] action remains pending."((Paramount Pictures Corp. and CBS Studios Inc.'s Answer to Counterclaim, p. 5 ¶25, 6/15/16.)) 
 + 
 +==== Relief =====
  
 Axanar also sought the following as relief from the court: Axanar also sought the following as relief from the court:
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   * Defendants' Attorneys’ fees and costs.   * Defendants' Attorneys’ fees and costs.
   * Additional relief the court finds “just, proper, and equitable.”((Answer of Defendants … to Plaintiffs' First Amended Complaint; Counterclaim for Declaratory Relief; Demand for Jury Trial, p. 26, “Prayer for Relief,” 2 & 3, 5/23/16.))   * Additional relief the court finds “just, proper, and equitable.”((Answer of Defendants … to Plaintiffs' First Amended Complaint; Counterclaim for Declaratory Relief; Demand for Jury Trial, p. 26, “Prayer for Relief,” 2 & 3, 5/23/16.))
 +
 +In reply, the plaintiffs generally denied Axanar's [[copyright_infringement#fair use]] defense under copyright law and denied the defendants "are entitled to any relief whatsoever."((Paramount Pictures Corp. and CBS Studios Inc.'s Answer to Counterclaim, p. 6, "Response to Prayer," lines 10-13, 6/15/16.))
 +
 +===== Next Steps =====
 +
 +Axanar's attorneys have the opportunity to file a response to the plaintiffs' pleading as the case formally moves into discovery.
 +
 +In the meantime, settlement talks are said to be continuing between the parties. If successfully concluded, the two sides could each drop their complaint and counterclaim. Otherwise, the case continues [[anatomy_of_the_case|on its schedule]] toward trial in January 2017. {{:axamonitor-ico.gif?nolink|}}
 +
  
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-**Keywords** {{tag>news plaintiffs lawsuit defendants}} */+**Keywords** {{tag>news plaintiffs lawsuit defendants}}