This morning I face a bit of a dilemma. There’s an 800-pound mugato in the cave (a more appropriate metaphor than “elephant in the living room”), and I needed to decide how to deal with it.
On the one hand, it’s fan film news…major fan film news, in fact. A version of the 90-minute AXANAR script that was “locked” prior to the lawsuit (meaning it would be used to determine line item costs) was leaked yesterday by disgruntled (man, is that an understatement!) former CTO and Marketing Director for Axanar Productions, TERRY McINTOSH. It was actually an earlier version than the one used for the lawsuit (Terry released version 7.3, but the version submitted in the legal filings was 7.7—and the latest version that exists now actually goes to 11). But the fact is that a version of the Axanar script is now out there…and that’s news.
On the other hand, Terry violated a Non-Disclosure Agreement (NDA) in doing so. The thing about NDA’s is that, for a project like Axanar, they are unlikely to be enforced because ALEC PETERS would have to prove financial damages and injury. Since Alec is unlikely to lose any money from the release of an outdated script that’s been rewritten multiple times since 2015, there’s little reason to bother taking legal action. (But hey, who knows?)
That said, despite the lack of legal “teeth,” signing an NDA is like making a promise…saying that you’re trustworthy and able to keep a secret. I’ve signed an NDA with Axanar Productions, as well. The things I know could potentially explode my page views. But I don’t share them because I gave my word—and at least for me, that means something.
So, yes, there’s an outdated Axanar script out there now, and you’ll probably be able to find it fairly easily if you look. But I am not going to post it here. Nor am I going to link to any of the numerous detractor sites that have sprung up in the last 24 hours to tear the script apart.
Have I read the script myself? Not yet. I’ve been too busy reading through Alec’s new scripts for the two 15-minute Axanar films and preparing my feedback for him, and I didn’t want to get distracted. I might read the leaked script eventually…maybe not. I haven’t decided yet.
But what I have decided is to honor my own signing of an NDA and not facilitate access to the outdated script, even though it is now public. Unlike some people, when I give my word, I keep it.
According to Terry, he never signed a NDA nor was he asked to do so.
That would contradict Terry’s sworn deposition:
http://axamonitor.com/doku.php?id=mcintosh_deposition
Mornin had started the topic with a question about the “seriously weak NDA that I signed,” McIntosh said, before moving on to the rest of the Ares Digital questions.
Granted, it was a pretty weak NDA in that it did not include stipulated monetary penalties that would kick in if violated. As an example of a tougher NDA, the show “Survivor” has an automatic $5 million penalty for spilling the beans ($4 million more than the $1 million prize). “The Amazing Race” has a $10 million penalty! Axanar…nothing specific. Alec would need to go to court.
But yes, Terry admitted under oath to signing an NDA…a “seriously weak NDA,” but that still counts as signing one.
You mean, **GASP**, Terry contradicted himself?!?
SAY IT ISN’T SO!
I can’t. That’d be contradicting myself. 🙂
Terry has shown to all potential future employers that he is unreliable and untrustworthy. For the sake of a few pats on the back by the detractors and their elite, he has violated an NDA. He gains nothing from this and Axanar/Alec remain unphased by it. The old script is about as relevant as Windows 95 is today. Basically, not at all.
This is only going to make things harder for Terry to secure employment in the future, particularly as he works in the electronic and software field, trust is a BIG thing and employers will not want to employ a hothead who fragrantly violates NDAs when he thinks it suits him. Employers do searches and this is not going to go away. They will see his actions and likely toss his application in the bin.
Congratulations Terry. What did you win?
Maybe one of his Axahater buddies can give him a job pushing a broom or something.
I actually had to fire Terry from a project once. I almost lost a client over his failure to provide the services he promised.
This sounds like a familiar refrain….
I love how the other side claims this is a “locked in script” even though even studio movies get rewrites through post production these days.
I doubt Terry ever really cared about the NDA he signed. Just goes to show his lack of integrity in this matter.
I loved how they harp on the “locked script” aspect. Like a script never gets rewritten once it’s dubbed “locked.” To use a relevant example, I bet Harold Livingston thought he had a “locked” script going into filming Star Trek: The Motion Picture…most of us I’m sure know how that turned out…
The detractors really need to learn that a locked script CAN BE CHANGED! In fact, it’s done all the time:
http://www.screenwriting.info/19.php
Once the script is “published” and handed out to the department heads and talent in preparation for production, the pages must be LOCKED so that any changes made after this time are easily tracked.
If any changes are made to the script after circulation, only the REVISED PAGES will be printed and distributed. The REVISED PAGES must be easily incorporated into the script without displacing or rearranging the original pages.
“Good grief, Charlie Brown”
When someone violates confidentiality it just lowers my opinion of the person who does not keep his word in the overwhelming majority of cases. There are situations where someone’s life is at risk or there’s hidden criminal activity (Pentagon papers, for example), but that does not apply here. The legal situation is settled.
Personally I’d love to see a write-up about what was changed in the process of producing a script and why it was changed but that’s something quite different from what happened.
I’m going to get on with many activities and let those who are obsessed with anti-Axanar have fun, if fun one can call it.
That was script 7.3 dated August 11, 2015. Our latest version is v 11.0.
Just more juvenile actions from an attention whore, whose only audience is a small group of people who don’t have anything meaningful to do with their lives.
I’m going to allow the direct insult because, well, I actually think it’s a somewhat accurate descriptor in this case.
“I’m going to allow the insult because I am not at all a surrogate for Alec Peters.”
Well, you said it; I didn’t. 🙂
Oh, come on, Chris. Terry has been teasing having “bombshells” to you guys for about a year now. Why incessantly tease that for this long, if for no other reason than grab attention? FFS, MICHAEL HINMAN, of all people, called him out on his BS!
Seems the bombshell was a firecracker. An obsolete version of the script. Yay.
It’s surprising how few people have stepped up to try to defend Terry. A few have endeavored to attack Alec (which, for some, is like breathing or taking crack). But I haven’t seen folks stepping up to say, “Hey, Terry did the right thing in violating his NDA!”
So Alec always gets a pass when attacking someone. You always let him pass how pathetic.
Not always. You don’t see the posts I don’t allow because…well…I don’t allow them. They get trashed. POOF! And that doesn’t just mean for Alec. There are numerous people who break the rules and sacrifice the privilege of having their comment(s) appear on this blog.
In this case, I allowed Alec to include a direct insult at Terry because, in my judgment, it was justified because of what Terry had done. My call. But there have been other times that Alec has insulted someone where he’s gotten a warning and/or been told to remove or reword the insult before I would approve the comment.
In short, is it an insult if it is true? In other words, if a person is showing or demonstrating a serious lack of intelligence of common sense, is it really an attack to call the person stupid?
Yeah, but Alec made it more of a name-calling insult than that. I might not have indulged my indignation in quite the same way he did, but considering what Terry had done–and the generally negative reaction he’s getting from all but the most socially retarded (I use that term in its literal sense, as in the retardation of their social conscience and awareness of right and wrong) of detractors–I thought I’d let Alec have a pass on this one.
But this was the script that you tweeted about (the tweet that was brought up in the lawsuit) saying it was the fully revised and locked script. The one that RMB said was the “best Star Trek script ever”! The one you said you were only 30 days away from filming.
Sure, you may be on a totally new version now (you’ve had plenty of time to up the version numbers and of course can’t shoot a full feature) but AT THAT TIME you were going to film this script. If the lawsuit didn’t happen this is the script we would have seen on screen. Deflect all you want, but this is all public record.
Actually, the script Terry leaked was v7.3. By the time the lawsuit was filed, the script was up to v7.7…and filming was set to begin about six weeks later. So no, v7.3 would not have been the version filmed.
Thanks for playing.
Wow, Alec said that without even opening his mouth. I’m impressed!
That doesn’t change the fact that this is the exact version of the script paraded out in that August 15th tweet that it was the fully revised and locked script. The same one that teh ROb was the best Trek script ever. That means that this would still be a very good indication of what was going to be on screen, and who knows how little or how much was changed in each version. Keep deflecting Jonny and keep being Alec’s surrogate, you’re doing soooooooo well.
Oh, and thanks for playing.
I’m not sure what point you’re trying to make, Sandy. I’m guessing there’s one in there somewhere, but I’m just missing it.
It’s simple Jonny. Without getting into the why’s of the script being leaked, it’s quite important.
A “locked script” has a specific meaning in the film industry. Outside of changes to dialogue, the locations, props, costumes, and sets don’t change. This is it. It’s what everyone works from. So, yes, maybe the script moved on a few versions due to dialogue changes but THIS VERSION is where the entire production and shooting plan should come from. No matter how much you try and deflect this version would be what we saw on screen. Either this is the script Axanar was planned from, or Alec is completely incompetent and doesn’t know what he’s doing.
That’s my point. And since this is Axanar, at least the donors finally get one of the perks they were promised.
Well, that’s not much of a point then, I’m sorry to have to tell you, Sandy.
As an example of how much a locked script can change, one of my friends was a co-writer on the recent Doctor Strange movie. The script was essentially locked, but the director made enough changes to it that my friend and his co-writer were purposefully left out of the credits. They went to arbitration, and ultimately had to accept a buy-out from Marvel in order to avoid a lengthy appeals process.
The point is that, by the time the director stepped in and started messing with the script, it was already determined what the locations would be in the movie (New York City, the operating room, Strange’s apartment, Tibet, the astral plane, the Sanctum Sanctorun), who the characters were going to be, what costumes and props would be needed, etc. However, enough changes were made to the script that an arbitration panel ruled that the original writers were no longer entitled to a screen credit (and the royalties that would have gone along with that). My friend is still pretty bitter.
Of course, Alec isn’t expecting to have another writer come in and have to go to WGA arbitration. However, Bill Hunt did come in to make a number of changes to the script between version 7.3 and 11. Now, would v7.7 have been more similar to the script that Terry leaked? Of course. But changes had still been made and probably would have continued to be made in the six weeks leading up to Axanar filming once a larger team started to review the script more, including the actors themselves.
Anyway, I’m still not seeing your point, Sandy. Alec much prefers version 11 (or else he’d go back to v7.3), so that is the script the donors will see. The version Terry released is a nice footnote, an historical relic of what Axanar might have looked like were it not for the lawsuit. But when all is said an done, the leaked script is nothing more than an alternate-universe Axanar…a what-might-have been.
Sandy, you wouldn’t know that unless you had versions 7.3 and 7.7 to hand to make comparisons. But then, the actual truth doesn’t really concern you all that much, does it? Kinda like when I posted evidence that ran counter to Terry’s claim that Alec “talked false sh*t” about him after they parted ways, and you responded with a laughing emoji.
Jonathan is hardly the one that’s deflecting. Version 7.7 of November 2015 exists, and is what was submitted as evidence in the lawsuit. No, if anyone is deflecting, it’s you and your cohorts. This is MUCH more about the integrity (or lack thereof) of the man who has chosen to release documents in violation of an agreement he made, than it is about whether or not this script is the one that would have been shot.
But, no, you would much rather believe a man who says he never signed an NDA, when he admitted having done so publicly last year (go read his deposition if you need to refresh your memory), because he validates your butthurt!
Yeah, the real buried story here is that Terry lied straight-faced to the detractor group in saying to them that he never signed an NDA when, in fact, he testified under oath to doing just that.
Alec has never lied to me. He never said that more people showed up to his presidential inauguration than Vic Mignogna’s. (Ooops, sorry. Wrong controversy.) 🙂
But seriously, if someone who was trying to manipulate my thoughts and feelings about a situation lied in such an obvious way as to be so easily checked to prove the lie (it took me 15 seconds to find the link I supplied to Terry’s deposition), I think I’d be re-evaluating both that person and the things he was trying to trick me into believing.
Unless I missed it Terry never claimed he didn’t sign an NDA. He’s always said he signed a weak one and that it was unenforcible because the form used said compensation was required and he had none. Where people may be confused is that he said he didn’t sign the same one Lee did. Now I don’t see every comment in every thread so I may have missed something.
My first comment on this page reported to me that Terry said he never signed an NDA. If that itself was the lie, then my apologies for saying that Terry lied. Of course, if anyone has a screen cap of Terry saying he never signed an NDA, feel free to share.
But the fact remains that just because an NDA is “weak” doesn’t mean it’s now okay to violate it. Y’see, I would have kept my word even if I hadn’t had any NDA. That’s simply my moral code as a human being. Terry knew that what he was doing was wrong when he did it. The script wasn’t “accidentally” leaked. And yeah, if a future potential employer ever found out that Terry had violated an NDA and asked him why, the answer of “Because the person who had me sign it was mean to me later on…” probably won’t get him that job.
Yeah, there is Steve Creech’s comment right off the bat. I know I’ve seen it asserted elsewhere. I don’t know if Terry actually said it because he inexplicably blocked me on Facebook months ago. Seeing a number of people assert that he never signed it led me to believe he had actually said so.
Once again, Sandy, I refer you to Harold Livingston and Star Trek: The Motion Picture. You do know how that “locked” script worked out, don’t you?
Or maybe a newer example would be Rogue One, which had a number of reshoots that I doubt were part of their locked script.
Your blogs would have more merit if you would act more like a journalist than someone posting a very long Facebook response peppered with passive aggressive jabs while pretending to be neutral.
I never pretended to be neutral, D. And there’s nothing “passive” about my post. I think Terry McIntosh has done a very dishonorable thing for no other reason than to…well…do a dishonorable thing.
I agree. Very sad and worthy of some time in the brig.
With respect, would you be inclined to hire someone who violated a NDA for personal reasons?
For me, it might depend on the personal reason. I’ve hired dozens of employees and contractors over the decades. But in this case, I don’t think Terry could justify his actions in this matter to any potential employer.
If I were Alec, I’d try to get the words “Terry McIntosh” “NDA” and “violated” out onto as many websites as possible to show up in search engines. I’m not doing that here–I purposefully left Terry’s name OFF the headline.
Jonathan isn’t a journalist. He’said a blogger. He isn’t working for a network news organization or paper. He’said writing host own blog, which he owns, in which he has full editorial authority.
He has also never claimed full neutrality as far as Axanar. We all know his opinion because that’s what HIS BLOG is.
I’m also not anonymous…unlike “D.”
I think I hold the moral high ground pretty well, here. 🙂
You know, change “Jonathan” to “Carlos” in that post…
I just hope the final script that got Alec into so much trouble at the APPROPRIATE time and in the APPROPRIATE way is released. Bonus points if there’s a scene with the USS Katie Higgins – some leaker made a concept graphic of the most sweetest Aries-class ship in Starfleet ;-).
Well said Alec. It is long past time for certain troubled souls to put up their own Star Trek fan fiction or shut up and appreciate GREAT art.
Good for you!
I have been out of the US Navy for close to 25 years, and there are still things I can not talk about due to their still being classified (even if the basic story is out on the press). I have also signed various NDA’s for working with various companies in the aviation industry. Knowingly violating something you agreed to in writing shows poor character.
I don’t have any idea why Terry is doing these things. The “detractors” are of course lapping it up with their version of “Glee”. But in the end, it accomplishes nothing, because the case was settled, the new drafts for Axanar have been written and are being polished up for pre production. It is an attention grab by someone who obviously misses that spotlight.
Exactly Jon.
And here is the thing, when Terry was part of Axanar, he had a bunch of people who cared about him and supported him when he had his manic depressive bouts, his constant kidney stones, his issues with his family. We were always there for him. He was our friend.
When he wouldn’t do the work, I didn’t go off on him, I simply insisted someone else do it and so Terry went ballistic.
And now what does he have? Any friends? No, just partners in hate.
Alec
I, for one, don’t need to read it or even look for it. Given the settlement, and the newer version necessary because of Richard Hatch’s passing, it might well not even be the same story. I’ll gladly wait for Axanar to be released by Alec.
Wow…that’s a special kind of petty.
I get being angry and all, but it’s still pretty rotten to break your promise and leak something that was supposed to be a secret, especially under a signed agreement – Not cool… :/
Even if someone hates Axanar, you have to ask yourself a lot of question if you’re on Terry’s side. Even the old CBS/Paramount vs Axanar group admin turn agains him after he consistently declared he had “bombshells” he was going to release to embarass Peter.. but he never released anything. It was always going to be put to later.. Like Ares Digitals.
It just looks to me like he’s one of those web copy/aste developer that actually have very minimal skills, and Ares was a project he just doesn’t have the skils to do. He procrastinated for a year and now he’s lashing out because he was embarassed and ashamed.
He’s deleted hard drives! Leaked other people files and contracts! It’s nuts! Hindman doesn’t indulge this guy, I don’t understand why Pedraza does.
That said, it’s baffling to me why a freaking Fan Film has NDAs!! What are you playing at? I would never sign an NDA for a fan project. You’re not suposed to have anything to hide! You’re not suposed to volunteer with a fellow fan where he threatens TO SUE YOU.
And why is the script secret? Not even given to the donors who funded this thing for a million dollar? What the heck is Axanar Production’s problem? It’s suposed to be a work of love for the shared fandom, not some kind of military or commercial secret.
I understand wanting to keep things confidential. After all, Lucasfilm isn’t releasing the script to “The Last Jedi” months in advance either. It’s not like having the script out there is going to stop anyone from seeing it! But it will spoil the surprise and fun of seeing it for the first time.
To be honest, I’m a little sad that I was asked to review the scripts for two 15-minute episodes. Sure, it’s an honor that Alec asked me, and it’s kinda cool knowing what’s being planned. But I’ll never enjoy that thrill that I had the first time I saw Prelude of not knowing what was going to happen next and just going “Wow!”
I’ve also read the scripts for the new episodes, and it’s made me look forward to them even more…words on a screen will not diminish the moment of finally seeing it all come together at last.
Serge, like Jonathan, I also have signed an NDA with Axanar Productions, and appreciate the trust that has been shown me. It’s not a matter of “something to hide” as you suddenly went on a tangent about, it’s a matter of promising not to discuss things until either the time is right or to protect aspects of the production, in this case, the actual story.
You said “And why is the script secret? Not even given to the donors who funded this thing for a million dollar?” If you are indeed a donor, I believe as one, when the project is completed, you may be entitled to a copy, depending on what level you donated at. If that’s correct (if someone could check me on that), then you have nothing to be worked up about.
Yep, donors will get the full script in its final version. There’s no sense in distributing earlier versions.
You clearly don’t understand what an NDA is for then. It is for EXACTLY this situation, so when you have things like a script, people know they are not to release them.
And every pro on my team signed one with no reservations and volunteers as well. Pretty standard in the industry. The fact that we are a fan film is meaningless in this context. If you would refuse to sign one, well, you are telling me you can’t be trusted with confidential information.
And it is clear that the purpose of an NDA is not to give me the opportunity to SUE you, it is to make clear that we value confidential information staying confidential. I haven’t sued Terry.
And the script is secret because that is the way it is in Hollywood. You don’t give a script out before you release a movie. Pretty basic. NO SPOILERS.
And the script will be given to fans, after we release Axanar.
Good for you. Very little honor left in the world today. You word is your bond.
Scoring points against Axanar NOW is just as pointless as releasing a negative critique of Zoolander 2. What’s the point?
That’s very true.
The thrill of surprise is an excellent point. People have rightly ranted about “spoilers” appearing in various places for movies they’ve not yet seen. It’s a fun-damental part of human nature – witness the surprise party’s popularity.
It would be interesting to read the script to get an idea of what might have been, had the lawsuit not happened. Remembering that they would have had a chance to tinker with the script and reedit the results for timing. The Actors for Axanar are so good they would have added some depth of character not on the page.
You know it’s hard sometimes to be a bit philosophical These things but something that each and every detractor needs to think about it that for all the pretense, and the bravado, and the fabulous guest-stars, and the unwarranted attention from CBS/P. This is still an amateur production.
That’s how someone like Terry who was in software development ends up with a script at all.
Obviously at one time they were friends… It’s just to bad that he’s chosen to repay that friendship the way he has.
Just finished reading that Axanar script. Wow. What a mess.
One man’s mess is another man’s masterpiece:
https://www.jackson-pollock.org/number-8.jsp
Just sayin’…
Uh, so what if 7.3 got released? As far as I’m concerned, it’s a stretch goal for Indiegogo/Kickstarter (as an extra freebie/bonus) that shows where the final version had morphed from, but it in no way is the final version. Terry may have tossed lemons, but all I’m seeing is lemonade.
That’s pretty much Alec’s philosophy on all this. My only issue is that a lot of that stuff from that script will probably make it into the two 15-minute films in some way, and now many surprises are no longer surprises. If the script for “The Empire Strikes Back” had leaked before that movie came out back in 1980, instead of gasping when Darth Vader reveals that he’s Luke’s father, audiences would have shrugged, thinking, “Yeah, I already knew that. Big deal.”
Wait!…… Darth Vader was Luke’s father?
Damn, I knew I should have watched that film!