GUEST BLOGGER: CBS/Paramount vs Axanar: Join Me In A Drink To Celebrate Our Mutual Dissatisfaction

The puppets just learned their options were picked up for Ax’d-No-More!

Dave Heagney, Jr. is a fellow blogger and Facebook friend of mine.

Actually, I should correct that to say that Dave WAS just a Facebook friend and has since become an actual friend whom I speak with on the phone and look forward to meeting in person the next time I get up to the San Francisco Bay area.  Dave is also a fellow Axanar supporter and has helped me immeasurably in serving as one of my moderators over on the Project: SMALL ACCESS Facebook group.
 
 Yesterday, Dave wrote a blog entry for his site that was, quite frankly, nearly the exact same blog I was planning to write next week.  I was gonna call mine “The AXANAR SETTLEMENT – Win, Loss, or Draw?”  But Dave still hit on the same main points that I was going to.  So rather than reinvent the wheel and just write a longer blog (’cause that’s what I do!), I  asked Dave if I could reprint his editorial here–and he graciously agreed.
So without further ado…here’s Dave!

For those who haven’t heard yet, CBS and Paramount have have settled their case against Axanar Productions. My good friend Jonathan Lane has an article over at Fan Film Factor with some of the details of the settlement.

Basically, Mr. Peters will be allowed to make Axanar in a manner which mostly conforms to the new guidelines, with some sizeable exceptions. That means that Axanar will be limited to two 15 minute segments, for a total viewing time of 30 minutes. However, the plaintiffs are allowing Richard Hatch, Gary Graham, JG Hertzler, and Kate Vernon to reprise their roles from Prelude To Axanar (one of those sizeable exceptions I mentioned…). Axanar Productions will also be allowed to make future Star Trek fan productions, provided they comply fully with the guidelines issued last June.

On the not-so-great side, Mr. Peters cannot engage in any further fundraising through crowdfunding sites for Axanar. However, there is no limit imposed on him from fundraising through other, more private efforts.

So, that all being said, why such a downer of a title?

The title is a paraphrase from the Enterprise episode Cease Fire. It’s what Shran says after Captain Archer points out that a compromise is defined as a solution that neither side is happy with. And that’s what this settlement is: a compromise. I know there are a lot of people who are not entirely pleased with this outcome, and I get it. Axanar is supposed to be a feature-length film. What we’re going to get is something quite a ways south of that. However, a little reality needs to be shed upon that expectation: The minute that CBS and Paramount decided to sue, the likelihood of Axanar being made unmolested became slim at best.

Even if Judge Klausner hadn’t shot down the Fair Use argument, and Winston & Strawn argued it successfully at trial, that defense was most likely that Prelude’s mock-documentary format made it transformative and that the Axanar script was in a fungible enough state to be rewritten to that format (though I have not seen any of the scripts, I’m willing to bet all my quatloos that at least one of the revised scripts written since the lawsuit hit adopts that format). So you can throw whatever script was written prior to 12/29/2015 out the window.

Now, let’s put Klausner’s ruling back in to the equation. Here are the likely paths this case took once the Summary Judgement rulings came down (my estimation of likelihood in parenthesis):

  • Case goes to trial, and Axanar wins on the basis of there not being a subjective substantial similarity to Star Trek. (Um, yeah…probably not happening)
  • Case goes to trial, and Axanar loses, but is found to be infringing non-willfully (fairly good chance, depending on how Mr. Peters’ meetings with CBS played with the jury, and how much evidence of the existence of fan films would have been allowed)
  • Case goes to trial, Axanar loses, and is found to be willfully infringing (Also a fairly good chance, though a little less so, dependent on the same reasons listed above)
  • Both sides agree to a settlement

Now, regardless of which of the two likely outcomes occur, it’s guaranteed that the defendants would file for appeal, based upon Klausner’s shooting down of the Fair Use defense. But even if the appeals court grants that, it’d be a year at the earliest before the 9th Circuit would hear the appeal, and what they would do is remand the case back to Klausner’s court for a new trial. Based on that scenario, it would be 12-18 months minimum before Alec could begin to even think again about making Axanar (assuming he wins a new trial). And even if that all occurred, it would still not be the Axanar that was planned prior to the lawsuit.

So, the choices come down really, to two. Settle now, and know that Axanar can be made (though under restrictions), or roll the dice and hope that they fell the way the way we want them to (the way we’d need them to!). Well, a bird in the hand is still worth two in the bush! So, for Mr. Peters, and for all of us who want to see this story (at least in some form!), this settlement really is for the best, even if it leaves us with some dissatisfaction.

CBS/Paramount is surely dissatisfied with this as well. Sure, (if their joint press release is completely accurate), they got an admission that Mr. Peters “crossed a line”. Such is a small price to pay for being able to move forward with Axanar. Was it really worth it to them to spend seven figures on legal fees to impose restriction on the production that probably could have been had for the cost of a phone call and a few meetings? I know there have been others who are saying that a million dollars in legal fees is minor to a corporation as large as CBS and Paramount are, but wasteful spending is still wasteful spending!

Furthermore, those seven figures did nothing to earn them new fans. Yes, the number of fans completely honked off at CBS and Paramount may be miniscule, but the number who actually cheer their efforts and weren’t already Star Trek fans is probably miniscule in comparison to the honked-off crowd!

But the most dissatisfied has to be those on the Anti- side of the Axanar fence. For a multitude of that crowd wanted nothing less than Alec Peters’ head on a pike. They wanted blood. They wanted Alec to be made an example of. And now they are either throwing tantrums over not getting it, holding out hope for such fantasies as a “donor class-action lawsuit” or an “IRS investigation” (Hi, Carlos!), pretending this settlement is a full victory for the plaintiffs, or non-chalantly saying, “Oh, yeah. This is what I expected all along.” (I’m looking at you, Hinman!). Remember though, there are pages and pages of material on the internets (much of it on the Facebook site where you congregate) of what they wanted and expected to happen, and this certainly wasn’t it!

So, please, join me in a drink to celebrate our mutual dissatisfaction, for we have less to be dissatisfied about!

64 thoughts on “GUEST BLOGGER: CBS/Paramount vs Axanar: Join Me In A Drink To Celebrate Our Mutual Dissatisfaction”

  1. Ya the IRS getting involved is very unlikely unless an IRS agent happens to be in the anti camp or Alec is secretly a tea party candidate or whatever political ideology is in the IRS’s crosshairs lately, I would suspect Libertarian if they ever got enough votes to matter on the political stage. A class action is even less likely as it wouldn’t be worth anyone’s time. So the haters are gonna have to settle for sippin’ on their hateraide while we have to settle for a 1/3 of a movie or so. I believe my love for JG Hertzler will see me through these trying times of fewer fan films and shorter tv seasons.

    1. No, the biggest losers in this whole thing are the donors who will never get what they donated to. They donated for a feature length film and for their perks. Now while some of the perks for the feature Kickstarter have been delivered none have for the Indiegogo campaign. With Alec being out of money it is unlikely they will receive these perks. More importantly they will not be getting the film that they wanted.

        1. Of course I believe it Jonny. Oh I get it, you think this is “A BIG WIN FOR AXANAR AND THEIR DONORS!”. If I was still a donor I know I’d be pretty pissed off at this result, especially since donors were always told Axanar would win.

  2. had i known you were allowing guest bloggers, i would have offered to expound on my comment while wearing my fathers legal cap LOL. great blog by dave…you should still do yours, because we want to know your thoughts.

    1. “…because we want to know your thoughts.”

      Yeah, like I’ve ever been squeamish about sharing what’s on my mind!! 🙂

      Actually, I’ve got a lot on tap for this coming week. I’ve just had my interview with Alec Peters, and now I have to start typing it up (THAT’S gonna be a chore, lemme tellya!). Then there are a few updates on other fan productions that need to sneak in there. And I am trying to convince a certain special guest to give me an interview this week, as well. If Dave H. can save me some work, then that is most welcome.

      Oh, and I have to start figuring out what’s next for SMALL ACCESS, too!

      1. Well if you ever want me to write out a”guest blog” all you gotta do is ask.

        As for Small Access, it needs to grow and continue. Because without people banding together to try and change at least some parts of the guidelines, Trek Fan Films will surely wither and die on the vine.

  3. Seeing as now this has all to come to an end, I feel that I had to make some comments to wrap things up.

    Firstly, Johnathon. You are full of it. You present this article as if these were foregone conclusions and that no matter Axanar would have to have been drastically altered. Okay, that’s fair enough, but where was this information when the fair use was thrown out? Where was this when the trial started? What you have said here were known, or at least based, on predictable outcomes.

    How come you didn’t explain this when Alec said “I’m not going to settle until Axanar can be made how the Donors deserve.” How come you said, and supported Alec for his Fair Use when you had to have known exactly what you have said here. How come you explained things as “Bombshells” when you and your legal eagles (Assuming you’re not making them up as well) had to have known that when it came to it, it would not have made much of an impact as well.

    Many Haters have described you as a “Surrogate” for Alec Peters and it’s this exact intellectual dishonesty that you have blatently shown here today as why. You towed the party line, stated things and put them into the best possible light for Axanar. Hyping and promoting Axanar pretending that Alec was making progress in beating CBS/Paramount.

    You had plenty of opportunity to explain this, set expectations for Donors but you didn’t. Finally, on the eve of Alec Peter’s/Axanar’s true financials coming out suddenly after all the bravado that he had shown cave and settle to the demands of CBS and Paramount.

    Johnathon, you and Alec still maybe have a few people who remain brain-numbingly loyal to you but you’ll need all the luck you can get if any of us will actually see the 2 x 15 minute Axanar episodes. Alec Peters and you, sir, have used up all the good will that you had and the thousands of donors that you had will be so reduced it will make the Californian drought look like an oasis.

    I shall not be communicating with you again. Goodbye.

    1. “Firstly, Johnathon. You are full of it.”

      Man, ya gotta love an opening line like that! (He even spelled my name wrong for extra impact.) 😉

      Since this seems to be a hit-and-run (“I shall not be communicating with you again. Goodbye.”), I won’t spend too much time answering all of Andrew’s questions and comments…he doesn’t seem to really care about the answers anyway.

      But, being inclined as I am to correct misinformation when I see it (maybe I need to wear a cape?), let me touch on one major point that Andrew doesn’t seem to understand:

      The Axanar script had already been changed from where it was a year ago. Sensitive to the issues of the lawsuit, when Alec heard JJ Abrams say that the lawsuit was “going away,” Alec made efforts to change the feature script to be in mockumentary format, just like Prelude. This isn’t news, by the way. Alec himself has discussed this publicly as far back as the late summer. Indeed, the filings in the case even spoke about how 616 individual changes had been made to the script as it existed back in December of 2015. So Alec was already planning to turn the three or four segments of the Axanar feature into more “Federation Historical Society” archive videos. In this way, Alec hoped to avoid FUTURE lawsuits.

      Y’see, the plan was always to try to get the judge to exclude the Axanar script from the trial since the fan film hadn’t been made yet. And that would have, hopefully, made fair use even easier to prove since it would be based solely on Prelude, a mockumentary-style film that the defense team felt (prior to the judge’s summary judgment ruling) was transformative enough to tip the verdict in favor of fair use.

      Now, assuming that all of the above came to pass (scripts excluded, fair use victory), then the Axanar feature film could have triggered yet ANOTHER lawsuit. As a new example of potential infringement, the feature film could be the basis of a new complaint…and this time it would NOT be in mockumentary format! The original plan was to make a full-length feature film. Try to defend THAT with fair use…especially after getting sued previously! But now imagine that Alec had won a fair use verdict and the full Axanar feature was switched over to a mockumentary format. Now the defense would be, “Hey, it was fair us last time because it was transformative. This is the same mockumentary style, so it should be considered transformative, too. Let’s skip right to the fair use verdict.”

      So yes, Axanar was always going to be different than originally planned (at least from the point pf acceptance that Alec reached in May of last year when he decided to revise the script). Now after the settlement, it’ll just be only one or two of those “Federation Historical Society” segments instead of three or four of them. Is that the best outcome we could have hoped for? Well, the operative word is “hoped.” I could hope for a lot of things. So yeah, it would have been better and most awesome had Axanar gotten to be made in its entirety with no constraints. But on the other end of the see-saw was a universe where Axanar never gets made and Industry Studios shuts down. So at least in my opinion, I think we did pretty darn okay. Sure, some are seeing the glass as half empty, but a lot of folks are seeing it as not only half full but maybe even three quarters. And, folks, we’ve been REALLY thirsty for more than a year now! 🙂

    2. Don’t know why you’re coming down on Jonathan so hard, I’M the guy who wrote the frakkin’ article!

      As to why I (and I alone) have come to this conclusion, it’s pretty simple: I paid attention, and I used my head. My guess is Jonathan did the same thing. If you had done the same, you might have, too.

      I don’t know if you are aware of this, but shortly after JJ Abrams made his announcement, Alec conducted a poll at the Fan Group asking them if Axanar had to be modified, what kind of format would the fans prefer? More episodes in the style of Prelude was a popular choice.

      I find your criticism of Jonathan to be disingenuous at best. He is not a journalist, and has never made the appearance of being one. What he has done is provided analysis, commentaries, and opinion editorials. He has always been open about what side he was rooting for, and has always left open the possibility that his analysis was incorrect or would not reflect the actual outcome. How do I know that? I paid attention and I used my head. Had you done the same, well, we wouldn’t be having this conversation.

      At any rate, thanks for playing! Please enjoy this parting gift…..

      1. So… I wasn’t planing on responding but now I feel I have to.

        Granted, while I admit there was some grammatical issues with how I put things, however the reading comprehension demonstrated by both HubcapDave and Lane in the response to my post is laughable and beyond ridiculous.

        If you had actually read what I said and not gone on an infantile rant then you would have realised that I actually had no problems with the content of this particular post. If I don’t have issue with this particular post then what do I have an issue with?

        HubCapDave (the Author) and Lane (in subsequent comments) agree that a drastically altered Axanar, If any at all, was the only reasonable and foreseable result. That is something that I fully agree with. That was the only possible result for the outcome of this trial. This is an open letter to Alec that I wrote 3 months ago. https://www.facebook.com/groups/CBSvsAxanar/permalink/1371252659552767/?match=b3BlbiBsZXR0ZXI%3D

        What I have an issue with is prior to this post, even though this result has been so self-evident from the begining that Lane has conspicuously failed to make even the slightest mention, or reference to it. He hyped up so called “Discovery Bombshells”, he hyped Alec’s Appeal route, he even hyped “I will make no Settlement unless it allows me to make the film fans deserve.”.

        Lane’s not a reporter, that much is equally self-evident. An actual reporter would place things in context… for example, The “Discovery Bombshells” that was a complete and utter over-exaggeration and amounted to literally nothing. A real reporter would have said this is what I hope, but this is the most likely result. A real reporter would have informed the people what it would mean should their “Fair Use” defense actually meant and not tried to pretend that Axanar could “make the fan film the donor’s deserve.”

        You call me Disingenuous but I’ve only ever commented on things from my perspective. Where you, Mr. Lane, speak in overblown exaggerations with “Legal Eagles” that either were given only a fraction of the appropriate information or are so poor lawyers that they have gotten every single part of this trial wrong. You spin and type a lot of things but you have no truly independent source behind anything you say. You are a partisan hack that is able to turn the narrative on a dime. I don’t know what’s sadder that you don’t know that you are doing it, or that you do know and get nothing out of it?

        If anyone is disingenuous, it is you. If anyone is being intellectually dishonest it is you. If anyone doesn’t know what they are doing it is you. You are a puppet, told to dance and sing at your master’s (Alec Peters, I’m not sure you’re smart enough to actually know what I’m refering to here so I’m spelling it out) whim. Now you shown yourself for the fraud you and Alec are.

        I will leave you with one final question,

        WHY ARE YOU JUST SAYING THIS NOW, WHEN YOU ARE SAYING YOU HAD KNOWN THIS FROM THE BEGINING OF THE TRIAL?

        1. Technically, I knew it from about mid-August. 🙂

          But seriously, Andrew, you’ve suddenly put me up on a pedestal only so you could knock me down? That seems…well…weird, actually. I’m a blogger. Rhymes with Frogger (which I sometimes feel like when I read comments like this). I do my best to write this blog and be informative to people. But no, I am not a journalist. I’m a Star Trek fan who just happens to write well, organize information clearly, be witty enough not to be boring, and happens to know a few legal types I can IM with quickie questions to confirm things or get them explained better so I can explain to others. It gave me a unique perspective that I could share with other fans wanting to understand more about this case.

          Seldom did I ever make predictions of “This WILL happen.” At best, I used “likely” before “could,” but I tried never to state anything as imminent or certain. I’m sorry that you thought you were reading some official news reporting website, but no…I’m just a blogger. I do this for fun and–for the past two months–a dollar or two a day from Google Ads (if I’m lucky!). You’re welcome to complain, of course, and call me a partisan hack. It’s all just words, as far as I’m concerned…not sticks or stones.

          But really, when all is said and done, I’m just a normal guy like you who is doing my best. If that’s not good enough for you, Andrew, I can’t really try any harder than I already am or adjust my writing to suit every critic with their own specific complaint. So if you don’t like it here, my friend, the door has always been open. Don’t worry about me; I won’t be lonely. 🙂

          1. In the simplest of terms, I simply can’t understand why you would so push, promote and otherwise praise the impossible impression of what people think Axanar should be when you knew that it simply couldn’t be.

            Everything I have seen from you in this blog “Big Win for Axanar”. Statements that fly in the face of common sense and everything from knowledgeable people that I respect. Say what you will against the G & T Show and Janet/Jespah but the fact is that they’ve not only done very well in predicting the outcome of the trial, but also setting the expectations of viewers at each stage.

            You on the other hand, are the King of Hyperbole. You’ve built up the case, use anonymous sources, made grandiose statements and when it came to actually seeing what would happen falling completely flat on your face. Remember, according to Alec, you are the “only reliable source of news” regarding the trial.

            For 5 months, ever since August you’ve been blogging with a knowledge that even in the best circumstances that Axanar would not be what people thought it should be. A feature length CGI battle extravaganza. Yet, in all of this, you didn’t think that people should be informed, that people shouldn’t have been prepared for the likely bad news?

            Sure, you do this for fun but I just don’t get how you could do this for fun and knowingly spread information that would hurt people when they found out it wasn’t completely true. That you presented these people a false impression an impression that was going to collapse immediately as soon as the trial end, or at least not prepare them for the overwhelmingly strong likelihood of it happening.

            One final note: I’ve seen people suggest “workarounds” to the 2 x 15 restrictions with Alec Peters responding in that he is “neither confirming nor denying that [he] thinks as deviously” as they. This as well as a comment by your reply made the hair on the back of my neck stand up. Please, do your best to prevent Alec from trying to “Rules Lawyer” his way around the restrictions. You saw how his “I didn’t technically make a profit” argument went during the lawsuit and I’m seeing a very similar result for getting around the time one. Honestly, I’m pretty much done with all the bull associated with this trial and don’t want to see a repeat because of Alec trying to cheat.

          2. Until the fair use ruling, I actually did think Axanar had a chance to win this. Once that ruling came down, though, I started saying that I thought the likelihood of a settlement had increased greatly. Moses Avalon also suggested that might be the case. I didn’t say it was a sure thing, but it did turn out to be true.

            And look, I have nothing against Janet, and I think she did/does an excellent job with her blog. But I’m not her. I write differently and I had/have a different take on things. I’m sorry that you’re angry at me for being wrong for 11 months on the outcome, but I never claimed to be 100% right. As for not mentioning the changes in the Axanar script, I discussed them when I reviewed one of the filed motions in limine on December 23:

            https://fanfilmfactor.com/2016/12/23/a-closer-look-at-the-motions-to-limit-evidence-in-the-axanar-lawsuit-part-4/

            (Do a text search for “616” and you’ll find it.)

            Why didn’t I mention those script changes earlier? It just didn’t come up, as I was spending most of my time analyzing filed documents, and most of them didn’t discuss the script changes until that one 30 days ago. I think Alec had mentioned it once or twice, but I don’t know if you followed his blogs and FB posts and podcasts. But honestly, it just didn’t get onto my radar. Sorry for not being perfect, Andrew.

            As for your final request “Please, do your best to prevent Alec from trying to “Rules Lawyer” his way around the restrictions…” well, there are people out there who believe Alec is pulling my strings. Now you’re suggesting that I can pull his??? Sheesh!! We’re two separate people with two different jobs and two different priorities. I don’t tell Alec how to make his fan film(s), and he doesn’t tell me how to write my blog.

            Whatever Alec decides to do with Axanar is his business and his decision. Apparently, John Van Citters and CBS are watching him like a hawk. So anything he does is going to be scrutinized. My recommendation to Alec would, of course, be to tread carefully. But he listens to me about as often as he gets his oil changed. 🙂

          3. Jonathan, you really should go through all the foolish statements you posted about the Supreme Court, 9 District of Appeals, and all the laughable quotes you posted from this so called “Legal Eagle” and then this total idiot Moses you tossed out last week .. You see, most intelligent individuals can usually decipher through the continuous bull crap and actually see that this entire blog of yours is a complete cluster —- of errors and the twisted incorrect information, no doubt to keep the Axanar faithful together or from realizing what was actually going on in reality … it’s actually somewhat amusing the various twists to this story your blog has taken, it’s definitely worth you time to start from the beginning and review all the spewed nonsense which you’ve posted for months now, and then the sudden 180 degree turn when Axanar caved in, very amusing ! Looking forward to your future twists and turns with the reality of this entire Axanar project, I’m sure it’ll be as amateurish as this fan film Axanar has been and your blog has shown !

        2. I have more to say, but until I get in front of a computer, the main thing I take from that response is that Andrew thinks hyperbile is the greatest thing E-VER! (or, perhaps, the worst….)

          1. ” Andrew thinks hyperbile is the greatest thing E-VER! (or, perhaps, the worst….)”

            Nah, I don’t. I just don’t think hyperbole wasn’t useful in this case. Hyperbole can be good, but when it’s nothing but Hyperbole that’s when you become the subject of ire or ridicule. And hate to say it, Lane overused Hyperbole to ridiculous proportions.

            I’m not going to argue as to when you knew what. You know the truth, I only suspect. However when it comes to any statement your overuse of hyperbole in an informational context has lead me have serious doubts about anything you say (Another downside of the overuse of Hyperbole). Look, I get it. You wanna have fun writing and Hyperbole and grandiosity can be fun to write even though it’s not effective in the communication of information.

            I’m sure you know of your “Slow Lane” moniker in the CPS/P vs. Axanar group. It’s exactly these Bold, spectacularly overreaching claims that have made people respond “Are Jonathon an idiot?” Let’s go back to your “Bombshells begin in discovery phase of AXANAR lawsuit!” posts. Where I first commented. These bombshells, weren’t just hyperbole, they were Hyperbole TO THE EXTREME!!!!! I outlined pretty much my full thoughts on the case pretty thoroughly and nothing’s really changed for me since then. I pretty much went through all 6 “Bombshells” and just showed why they didn’t really matter at all, let alone be worthy of the name bombshell.

            So, yeah. You went from OMG CRAZY HYPERBOLE (Which is also why people say you are a puppet/surrogate for Alec Peters) to “Don’t Fret, This was always going to happen.” It’s such an emotional whiplash, and co-incidently what I would think Alec would want, that it turns from being “Not Perfect” (which we all are) to being a manipulative, cronyist hack job.

            Anyway, so that’s pretty it. I think.

          2. urgh, accidently use of double negative in my 2nd sentence. Please mentally remove one (it doesn’t really matter which one) as they both work.

          3. HubcapDave, That’s sorta my point though. Particularly, in my earlier comments on this post I have to Admit that I myself went overboard with the Hyperbole and as you noted and I will concede that it hurt the real point.

            That the hyperbole of Jonathon’s previous posts, especially as over the top and extreme as they were hurt the points he was trying to make (People were critiqueing his hyperbole rather than maybe his true intent). It reflected poorly on him as a person (people made judgements about him based on the hyperbole that he said and not how he would have said it if it wasn’t being so Hyperbolic).

            So when a post comes that isn’t hyperbolic and in a post that admits that “even if that all occurred, it would still not be the Axanar that was planned prior to the lawsuit.” which is seemingly what was still being promised. The drastic shift of tone and that particular admission calls a lot into question.

            Questions such as “When did Jonathon know that this wasn’t going to be the Axanar that it was being promoted as?”, “Why hadn’t Jonathon mentioned or prepared the readers for such a case?” and the most important of all “Were we (the readers of the blog) lied to?” are obviously going to come up.

            With Jonathon’s less hyperbolic and reasonable statements made in the comments I am now less sure than when I started. Even so, I’m still quite wary and this has still left some issues completely unaddressed. When it comes down to it, it’s easy to interpret hyperbole as untruths and when essentially your entire blog is hyperbole and over exaggerations it’s easy to see your entire blog as untrue. Especially when it seems Jonathon has been so wrong on so many aspects. Aspects which include Trial Predictions, claims that things were “big wins” and the like even though they ended up being completely unimportant.

            That’s the heart of the matter and that’s why initially I came down so strong and hyperbolic myself because I felt “Oh, NOW he’s saying something that myself and others over at CBS/P vs Axanar have been saying for sometime when he’s been saying the exact opposite for how long now?”

            Whether or not that was a fair assessment or not, I’ll leave up to whoever reads it. I’m just saying it for the sake of trying to explain and provide those that disagree with me an understanding of where I am coming from.

  4. Well It is too late to draw definite conclusions on what is to become of Axanar. I sincerely hope that the script would be rewritten in such way the essential of the story will be still there.
    Maybe the strategy of involving other crews to complete the work could be tried, but discussing so publicly is probably source of troubles. Only the exact terms of the agreement will tell if it could be possible.
    Anyway, the saddest here is that this affair will be a taint on the Star Trek universe (not to mention on CBS/P). I maintain my opinion that all this is crappy business. Just compare how Star Wars is valued by its hyperactive owners and you will find the tremendous gap between those two universes. Bad choices can not lead to something profitable, this settlement is the perfect proof of that; everybody lost !
    Of course, life will resume, even with limitating conditions, but no one can say we saw a progress ! In fact, the question of filmmaking by professionnal level amateurs (pro-am) is still unanswered. The creation of intermediate license could have been the best answer for a win-win resolution and we can just hope that someone will promote it one of these days. Maybe fan-filmmakers would flood studios with requests for intermediate licensing, so they understand there is a real market here…

  5. First of all loosely quoting mentioned negotiations between Shran, Archer and Soval.
    “- […] a compromise is solution that makes all parties involved unhappy
    – Than this proceedings were extremely successful.”
    I think we are to be dissatisfied. Anaxar will not be a thing that was promised and waited for, instead washed down version limited by CBS/Paramout rules designed to effectively kill any good Star Trek fan films. “This sucks” in a words of poet. But let’s be honest it is hard to blame Mr. Peters or his legal team not wanting to be dragged from court to court for the next 5-10 years. I know I would not want it. This whole case was and is all CBS/Paramout fault and I just hope they get what they deserve. Or at least ruin and bankruptcy.

  6. Oh Davey, you really have a one track mind.

    Just like Star Trek fans, the “haters” are not a homogenous group. We don’t all have the same views of this case or Alec. Some have been here from the beginning and some have only just wised up to Alec’s antics. Because of that some HAVE lost, while others are very happy with the outcome. Personally, yes I DID want to see Alec’s head on a pike outside of CBS studios. Why? Well you can read about it here in a guest blog I did: http://1701news.com/node/1081/troll-alec-peters-built.html

    I do however take comfort that Alec now has to actually produce a film with hardly anyone from the successful Prelude. I take comfort that he will have to only use unpaid volunteers which could be hard to find considering all of the bridges he burnt in the fan film community. I also take comfort that he is sitting on a lease for that white elephant of a studio (wait, is is a warehouse again this week?) that still doesn’t have air con, a fire suppression system, enough electrics, or permits to shoot and it’s costing him $15k a month of his own money. I’ll be surprised if he manages to keep it. Lastly, I take comfort that there has been so much press about this case and so many of Alec’s meltdowns on social media that NEXT time he tries to fund a project there will be a wealth of information out there to warn people off.

    Of course the settlement IS a victory for the Plaintiffs even though you can’t see it. They got exactly what they wanted. The got Alec to abide by the guidelines, admit he overstepped, and the judge ruled against “fair use” and for Alec infringing on copyright. It was never about money for them. Jonny can throw up the red herring about how the studios tried to show market harm but it was just a tactic like so many of Ranahans’ that failed.

    So enjoy your hollow victory mate, we’ll see how long it lasts.

    1. Why does everyone keep saying that the studio doesn’t have air conditioning? I’ve been there in the summer when Valencia is sweltering; the A/C works just fine.

      As for the rest of what Sandy says, well, it’s about as accurate as the A/C comment.

      1. The offices might. Besides, it came from the Industry Studios website: “Heat and air conditioning available upon request” or something like that.

        What about permits and sprinklers?

          1. And so the facts themselves bear out that the studio does, in fact, have AC and heat! In fact, all a renter has to do is request it, and the studio folks will turn it on (and one would assume charge for the extra electricity used). In the same way, they offer dumpsters and waste removal services (also for an extra fee, I’d guess) for renters who need it…as some productions do set construction on site and wind up with lots of excess wood and materials to throw away.

            This is pretty standard in the movie business. Studios do not typically have insulation, and they are huge open spaces. So when it’s cold outside, the temperature can drop considerably inside. Having heat when that happens is a good thing, especially if your actors are doing scenes where they’re not bundled up. On the other hand, the lights can make a studio REALLY hot, and so even on a cold day, heating might not be needed…so why not save a few bucks?

            On the other side of the thermometer, Valencia can get REALLY hot in the summertime, and Industry Studios can be sweltering (been there, done that). So with the hot studio lights, a production would absolutely want to pay extra to turn on the A/C. But if it’s not hot outside, then the production can, once again, save some money and not have the A/C turned on.

            So as you can see, Sandy, the studio does, indeed, have air conditioning. All a renter has to do is ask that it be turned on.

            Why did you ever think this meant that the studio didn’t have A/C, Sandy? I don’t ask that rhetorically. I’m really curious where this alt-fact from and how it evolved. Maybe if we can analyze that, we can find a way to better combat alt-facts in the future…and you can help us, Sandy!

    2. Curly Boy, you must have failed reading comprehension. I hardly called out the “hater” group as homogenous, let alone called them “haters” in my article. Furthermore,I’ve called out no less than 3 different reactions to the news of the settlement (one of which you have firmly displayed) that I have observed coming from the detractors of Axanar.

      Also, I don’t care about whatever justification you wrote up for Hinman’s site. I was THERE at the moment you decided to flip. There was that nice, long post and comment thread on the fan page where all your questions were all thoroughly answered to the point of your apparent satisfaction. I even remember you posting a comment to thank everybody once Alec called for an end to comments in it. You lost your shit when comments added after Alec called for the end of commenting were deleted. However, you acted like crucial pieces of the conversation were removed. They weren’t. That tells me you were looking for a reason to jump.

      1. No Davey, I lost it about the comments and threads being deleted and that is what kicked off the thread you are referring to. And you’re right, it all remained civil and ended amiably which is why I was so surprised and then incensed the next day when I found I had been blocked from the groups with no warning or communication. After querying it with Terry he went off to find out what happened Alec sent me a PayPal refund, again with no communication. I wasn’t “looking for an out” as you put it. I felt like I worked hard to keep the thread civil and on track and I get rewarded by being summarily ejected.

        That wonderful Alec Peters communication and customer service is what put me in the hater path. While I had concerns I was still behind the project at that point.

    3. Sandy, Just read the guest blog you wrote on 1701news. first off, thank you for explaining your side, and why you feel the way you do. while i do not agree with your conclusions, at least you took the time to put them into words for people to see.

      since i am both a member of the CBS/P group and various pro axanar groups(one should always get information from both sides to see a complete picture) i have noticed that while you “dislike” Alec, you have tried to be more respectful than most in the “anti axanar” camp.

      as for the rest……it shall be…..what it shall be…..Hope the weather is nice in the UK

      Jon

  7. Done is done.

    However, with regards to the article, I do have a couple of things to point out:

    First, regarding the definition of compromise, it seems to me (and from what I’ve read of Facebook, I’m not alone in this conclusion) that the Axanar side seems to have given up a whole lot more than CBS/P has done. A very slanted compromise indeed.

    Second, with regard to the philosophy of ‘better the bird in hand’ with regards to staying the course with the trial and proposed film, I’ll counter that with a different view: “Sometimes, you have to roll the hard six”.

    OK, venting done and awaiting what I hope will be a new era of updates on Axanar’s production.

  8. Man, it is near the end of January and NO ONE thought to call the article “The Winter of Our Discontent”? Tsk, tsk! 🙂

  9. I wonder if the this precludes the Story being continued.. prequeled, or concluded in other art forms?

    JJ Abrams released comics that prequeled his stories.

    Would “Animation” of some format be included in the fan film guidelines?

    And I’m a bit old-fashioned, but PBS did up Star Wars pretty good a generation ago over those old things.. what did they call them.. Fm radio waves?

    There are so many pivots in this day and age.. stegnanographic film content within a film? Lol.. there might be a corollary to Arthur C. Clarke’s indistinguishable from ‘magic’.. if the majority of an audience can’t figure out how to access it.. did it even occur?.. wasn’t there a few Albums more than two generations ago.. that supposedly contained ritualistic content when played backwards.

  10. Another thought.. with technically (2) pivotal content scenes in existence. Thats material that doens’t have be re-tred.. as with with trailers in a normal movie, you literally sit there in the theater watching the same exact scenes again.

    Consider it time already spent and move on, someone else can re-edit the scenes back into a ‘directors cut’ themselves later.

    In the olden days 60 minutes of a show were spent, 15 minutes of commericals leaving 45 minutes with Titles and End credits around 35 minutes and a lot of extra character development, and alot of time was spent on continuity filler to keep the audience on-track.

    The documentary helped develop the characters already, if they can get the same actors back that saves a lot of time and introductions. Also, if it were re-envisioned as two extra long documentary segments with no fluff and all crucial story.. they would be even easier to fit together. 20min + 5 min + 30 min. That’s about 55 minutes total to tell the entire story.. just don’t waste any time on Titles and End credits.. use the ones from the already released segments and let the viewer put it together for themselves.

    Another thought is SMIL (Synchronized Multimedia Integration Language).

    They could release the two segments (old fashioned) like the old folks imagine, and then release a SMIL track on the world wide web, that automatically edits all four segments together into one when played. They would be 100% in compliance, but for those who know what that is.. all the segments would seamlessly flow together into one body of content. — its a bit like using Flash to animate and drive the completed movie, while staying under the guidelines.

    Movies.. defined as movies.. would exist.. but the synthetic re-cut.. would exist in the perception of the viewer.

    It might be even “more fair” to only release the SMIL track to the original actual donors as a bonus benefit for sticking with the project.

      1. Thanks.. I like problems.. and Stargate Atlantis took a queue from some other TV show of the time (for its 1st Season only) and did away with the Theme, Title and Credits to get at the raw story a lot faster.. I think BSG and SGU experimented with that too.. terrible disaster.. they all came back with Prologues and Titles soon after.. but if they exploited that.. and exploited the existing footage already on the web, and the character development already done.. then left it up to a sequencing file for do-it-your-selfer’s .. well they couldn’t be blamed for post editing in the Public domain.. [And] thing is the subsequent segments don’t have to refer to character names and scenes or memes already introduced, that’s water under the bridge

        I also wonder if the ‘powers that be’ ever considered other fan groups picking up the torch and heading in directions even further afield with no affiliation with the first group.

    1. Alec, since we have become Facebook friends (and the fact that we are both fellow New Yorkers, from essentially the same part of long island), and since you have asked, i will do a guest blog, both with my Star Trek background, and my thoughts on both the case and settlement.

  11. As a two time donor, I am disappointed at the result. But the disclaimer when I donated warned me things could go wrong and I donated anyway. That’s life. I’m not getting the movie I wanted nor the total defeat of CBS/P in court that I next wanted. That’s life.

    I’m also not going to second guess the defendant’s acceptance of the deal. I can spend a lot of time criticizing my own decisions at various times so much so that I don’t have a lot of energy to criticize others when I don’t have all the facts.

    I hope and expect what I do get to see is at the level of Prelude. If that’s the case, I’ll be moderately happy and that’s all I can ask for.

    1. Jerry, you win the Chocolate Factory! I am printing this response out and putting it up on the wall next to my 2016 Prelude to Axanar calendar (I leave that one up because I never made one for 2017…too expensive). 🙂

  12. Hi Jonathon,

    This is my first time to post here. I am a donor to Axanar and have been following your blog since Alec Peters posted about it.

    FWIW, I have not felt misled by you blog. You are clearly a fan of Axanar and want it to succeed, but I have not ever felt that your posts were promising anything. I have not felt you painted an unduly optimistic picture. What was speculative was obviously speculative rather then a prediction.

    I have enjoyed reading your blog, both the Axanar and Fan Film parts.

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