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summary_of_the_lawsuit [2016/04/11 21:50] – reformat top Carlos Pedraza | summary_of_the_lawsuit [2018/11/06 18:44] (current) – [Damages] Carlos Pedraza | ||
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{{page> | {{page> | ||
+ | ====== Summary of the Legal Complaint ====== | ||
{{TOC}} | {{TOC}} | ||
- | ====== Summary of the Legal Complaint ====== | ||
- | <WRAP box 520px> | + | <WRAP box 450px> |
{{: | {{: | ||
<wrap lo> | <wrap lo> | ||
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{{page> | {{page> | ||
- | The **legal complaint**, | + | The **legal complaint**, |
===== The Parties ===== | ===== The Parties ===== | ||
The amended complaint identifies the following parties to the suit: | The amended complaint identifies the following parties to the suit: | ||
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== Star Trek: Axanar == | == Star Trek: Axanar == | ||
- | [{{ : | + | [{{ : |
//Axanar// is a feature-length motion picture funded on the [[axanar_kickstarter_details|Kickstarter]] and [[axanar_indiegogo_details|Indiegogo]] [[crowdfunding platforms]].((Paramount et al., v. Axanar et al., amended complaint, p. 7 ¶31.)) | //Axanar// is a feature-length motion picture funded on the [[axanar_kickstarter_details|Kickstarter]] and [[axanar_indiegogo_details|Indiegogo]] [[crowdfunding platforms]].((Paramount et al., v. Axanar et al., amended complaint, p. 7 ¶31.)) | ||
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* //Axanar// has already begun production, with release of the " | * //Axanar// has already begun production, with release of the " | ||
* Peters, with the possible aid of some Doe defendants, wrote the //Axanar// Script in its several versions.((Paramount et al., v. Axanar et al., amended complaint, p. 7 ¶33.)) | * Peters, with the possible aid of some Doe defendants, wrote the //Axanar// Script in its several versions.((Paramount et al., v. Axanar et al., amended complaint, p. 7 ¶33.)) | ||
+ | |||
+ | <wrap lo>//See also: [[locked_script|The ' | ||
+ | |||
* Doe defendants directed the film, created the sets and designed the costumes. Certain of the unnamed defendants continue to work on the screenplay, even though the production declared in August 2015 they had "fully revised and locked" | * Doe defendants directed the film, created the sets and designed the costumes. Certain of the unnamed defendants continue to work on the screenplay, even though the production declared in August 2015 they had "fully revised and locked" | ||
* The " | * The " | ||
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=== Side-by-Side Comparisons === | === Side-by-Side Comparisons === | ||
- | The complaint spends 28 pages detailing alleged copyright infringements by running side-by-side comparisons of copyrighted Star Trek elements copied | + | |
+ | The legal complaint spends 28 pages detailing alleged copyright infringements by running side-by-side comparisons of copyrighted Star Trek elements copied in //Axanar//, including specific characters, alien species and their specific appearances, | ||
+ | |||
+ | ==== ==== | ||
Here are four examples: | Here are four examples: | ||
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What's different about Axanar is that its multi-million dollar budget was completely intended to be raised from Star Trek fans, using the appeal of the studios' | What's different about Axanar is that its multi-million dollar budget was completely intended to be raised from Star Trek fans, using the appeal of the studios' | ||
- | Attorney Gershen-Siegel, points to the scale of Axanar' | + | Attorney Gershen-Siegel points to the scale of Axanar' |
> The money is certainly a factor; Axanar has a deeper pocket than the other [fan] productions do. Making a profit or crowdfunding are not necessarily dispositive of anything here, but the money does lend credence to the idea of this being more than a mere fan film. Despite whatever it has been called or will be called, the budget numbers are close to other independent releases. \\ \\ Continually referring to themselves as an ‘independent production’ could not have helped matters. Working with [actor [[cast|Gary Graham]]] to reprise his actual canon role [as Vulcan ambassador [[Soval]]] was another problem area.((Janet Gershen-Siegel post, [[http:// | > The money is certainly a factor; Axanar has a deeper pocket than the other [fan] productions do. Making a profit or crowdfunding are not necessarily dispositive of anything here, but the money does lend credence to the idea of this being more than a mere fan film. Despite whatever it has been called or will be called, the budget numbers are close to other independent releases. \\ \\ Continually referring to themselves as an ‘independent production’ could not have helped matters. Working with [actor [[cast|Gary Graham]]] to reprise his actual canon role [as Vulcan ambassador [[Soval]]] was another problem area.((Janet Gershen-Siegel post, [[http:// | ||
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On February 22, 2016, the defendants filed a [[Motion to Dismiss]] the case, claiming the complaint was insufficient to make its case for copyright infringement. The plaintiffs answered the motion | On February 22, 2016, the defendants filed a [[Motion to Dismiss]] the case, claiming the complaint was insufficient to make its case for copyright infringement. The plaintiffs answered the motion | ||
- | The defense filed a second [[Motion to Dismiss]] on March 28, substantially similar to the February 22 motion. A hearing on the new motion was requested for May 9, the same date as the pre-trial [[scheduling conference]]. | + | The defense filed a second [[Motion to Dismiss]] on March 28, substantially similar to the February 22 motion. A hearing on the new motion was requested for May 9, the same date as the pre-trial [[scheduling conference]]. Plaintiffs' |
- | Plaintiffs' | + | In a sweeping rejection of arguments made by the defense, Judge Klausner on May 9, 2016, denied the pending |
+ | ===== Joint Statement ===== | ||
- | <WRAP round info> | + | A [[joint statement]] filed May 2, 2016, revealed it may be at least a year before |
- | The following sections, **The Studios' | + | |
- | </ | + | |
- | ===== The Studios' | + | However, a subsequent scheduling order by the judge set the [[anatomy_of_the_case|trial date]] for January 2017. |
- | This, and all the defendants' | + | |
+ | ===== Counterclaim | ||
+ | |||
+ | In its May 23, 2016, [[answer|Answer]] | ||
+ | |||
+ | The plaintiffs filed [[plaintiffs_answer|their Answer]] to the counterclaim, refuting Axanar' | ||
+ | |||
+ | <WRAP right round info 50%> | ||
+ | This section, **Axanar Merchandise**, | ||
+ | </ | ||
===== Axanar Merchandise ===== | ===== Axanar Merchandise ===== | ||
- | One final note: While most people have been focusing on what the suit calls " | + | One final note: While most people have been focusing on what the suit calls " |
<WRAP round important> | <WRAP round important> | ||
- | **Donor Interest** | + | **DONOR INTEREST** \\ |
- | + | Contributors to Axanar' | |
- | Contributors to Axanar' | + | |
</ | </ | ||