Last Wednesday, we debuted Part 1 of a three-hour discussion and debate about all things AXANAR between myself and Australia-based Star Trek blogger MATTHEW MILLER. We both have very strong feelings about the Axanar project and its show-runner ALEC PETERS, and we’ve never been particularly shy about sharing those feelings and opinions in various public forums.
But now we’re doing in it the same forum at the same time, voicing our disagreements directly to each other to see if there’s any common ground…or if the two sides of this controversy are destined to simply never come together.
Last time, we primarily discussed the building of Ares Studio, followed by some brief commentary about the fan film guidelines. And just before ending Part 1, we left off having just scratched the surface of our next (BIG!) topic: the copyright infringement lawsuit.
In Part 2, we’ll be discussing the lawsuit in much greater depth, including…
- Should Alec have fought the lawsuit as intensely as he did, or should he have just settled and moved on?
- Did CBS and Paramount offer a settlement when the lawsuit was first filed? If not, when did they first make a settlement offer…and what were their terms?
- Why did Alec and CBS/Paramount finally decide to settle the lawsuit two weeks before trial?
- Were the final settlement terms more favorable to Alec, to CBS/Paramount, or pretty much even?
- What would have happened if Renegades, New Voyages, or Star Trek Continues had been sued instead of Axanar?
Then we shift gears to the Axanar supporter/detractor conflict…
- Why have things escalated so much over the years?
- What role have CARLOS PEDRAZA and his Axamonitor blog site played in exacerbating the tensions? (Carlos tells us himself!)
- Are Carlos’ blogs telling only half the story and thereby reinforcing pre-existing detractor biases?
- Does Carlos rush to publish negative blogs and purposefully avoid reporting positive Axanar news like Axacon (which still hasn’t been covered on Axamonitor after six weeks)?
- And what about Fan Film Factor? Am I telling only half the story, too?
And now the Blogger-Battle of Axanar continues…
And check back Wednesday at 2:00pm Pacific Time for Part 3!
Very interesting I even learned somethings I wasn’t aware of before. Thanks very much Jonathan and Matthew for your work on this.
The example you provided of the 8 year old was also rather clever — and here I was thinking I was such an obedient child too but I guess I have a little boundary pusher in me as a supporter 🙂
My 8-year-old is going to make someone a very effective talent agent someday! 🙂
I’ve been down this week recuperating from surgery – so thanks to both sides for giving me a long blog to listen to.
Umm I guess first off, I don’t think this conversation is going to change any minds or hearts for the other side. I think once this is done, it will be right back to business as usual.. Which is unfortunate.
But still I am glad to see it happening.
When I listen to Mr. Miller What I hear is a more reasonable version of what’s on the other side…But it’s ya know fairly obvious that he still wants to dig/throw dirt if possible.
To Carlos & Co. I would say, The unbalanced reporting and the angry meme’s and videos. Do more to de- legitimize your side of the argument than any misstep AP could ever make.
Carlos made a big stink about how he wasn’t allowed to go to the Con and spent all this money but then went anyway and was invited to participate. And there’s nothing to report!?! Reallly….Hmmm….
Some points I think should be clarified with Mr. Miller. And those on the other side in general.
First off, I think most of us are of the opinion that fan films, no matter the franchise (hate that word) are great.
Alec Peters had helped on some of the STNV so I’d certainly think it was only kind of natural he’d want to make his own.
AP already had a working relationship with CBS/P on other projects. and was trying not to step on toes. By keeping CBS/P abreast of his project.
I am sure that he at some point might want to work with them again, so burning those bridges makes no sense to me.
Everyday someone is getting sued somewhere. Some of those lawsuits are justified and some are not.
And just because some on is sued, doesn’t automatically mean they are in the wrong. or “guilty of anything” Many times people think it’s an easy way to a fast buck.
Which is why we have a justice system to figure this stuff out.
CBS/P could have just stopped the whole thing with a Cease and Desist, that certainly would have cost the owners/share holders a lot less money.
And been far less negative publicity for STD.
It’s pretty obvious that the order came down to bury Axanar, which is why they jumped to the lawsuit. Rather than a C&D.
So Alec Peters didn’t “pursue the lawsuit” He defended himself.
He should not be penalized for doing that to the best of his ability.
AP’s atty’s took the case because potentially they could have played a part in changing copyright law.
Of course Alec’s attorney’s are going to recommend the best course of action for their client.
To do otherwise would be irresponsible. And in some cases grounds for appeal. Or possibly disbarment.
When thinking about who owns what It’s worth considering some context…
The Star Trek episode Whom Gods Destroy that Axanar is based on. Is in fact based on the Edgar Allen Poe – Story, The System of Dr. Tarr and Professor Feather. So Trek did in fact take something that was someone else’s work and adapt it/use it. And they did it all the time. Which is one of the reasons Trek is so endearing.
Also Axanar is far from the only people to ever be sued by CBS/P – some of these are outside of copyright but a worth while read none the less.
http://www.trademarkandcopyrightlawblog.com/2016/07/the-pleads-of-the-many-star-trek-50-50-star-trek-litigations/
Also just found this…
https://www.ipwatchdog.com/2018/04/14/desilu-studios-files-trademark-infringement-complaint-against-cbs/id=95883/
So it’s not just outsiders that infringe. “allegedly”
That second lawsuit has since been withdrawn, Mickey, and it looks as though the person doing the suing (who is now being sued for fraud by CBS), was not exactly the most–shall we say–honest and upstanding of citizens. Take a look:
https://www.hollywoodreporter.com/thr-esq/cbs-alleges-man-used-lucille-balls-old-studio-trick-investors-1156709