A closer look at the OPPOSITION BRIEFS in the AXANAR LAWSUIT (Part 3)

axaanr-splash-image4In Part 2, we started looking more deeply into the fascinating points made in the Defense Opposition to the PLAINTIFFS Motion for Partial Summary Judgment.  In Part 1, we had looked into the Plaintiffs Opposition to the DEFENSE Motion for Summary Judgment.

Both documents are 20 pages long and intelligently written.  However, there’s a lot more to cover in the defense brief, so I had to split that portion into two parts in order to cover everything properly.  This isn’t to say one side or the other made better arguments–only that there’s more to go over with the defense.

So let’s jump right back in!  First up: profits…

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A closer look at the OPPOSITION BRIEFS in the AXANAR LAWSUIT (Part 2)

Axaanr splash image2Last time, we took a look at what the plaintiffs had to say in their Plaintiffs Opposition to the DEFENSE Motion for Summary Judgment.  Now it’s time to flip over to the Defense Opposition to the PLAINTIFFS Motion for Partial Summary Judgment.  As I did yesterday, I’m going to conduct my review by gathering together some choice quotations from the filing and commenting on them individually, starting with this very important one…

Moreover, even if the Court were to construe Plaintiffs’ unsubstantiated and self-serving speculation that they could theoretically be harmed by Defendants’ Works as “evidence,” this would only create a factual dispute on fair use.

This shows that the defense isn’t just opting for a “We’re obviously right, and they’re obviously full of crap…” approach like the plaintiffs did.  (That’s not an actual quote from the plaintiffs’ filing, but it’s a pretty good summation.)

Instead, the defense is going to also cover their flank and protect themselves against the judge going with the plaintiffs.  In other words, yes, they’re saying “We’re right and they’re wrong,” but they are also saying, “But if you think they’re right, then we really need to let a jury decide.”  Summary judgments only happen if there is clearly NOT a factual dispute.  So pay attention to how many times the defense suggests that a the facts need to be brought in front of a jury.  The plaintiffs don’t do that at all.

Two legal teams…two different strategies.  Fascinating, ain’t it?  (Well, I think it’s fascinating, at least!)  So, let’s look at what the defense has to say…

Continue reading “A closer look at the OPPOSITION BRIEFS in the AXANAR LAWSUIT (Part 2)”

A closer look at the OPPOSITION BRIEFS in the AXANAR LAWSUIT (Part 1)

Axaanr splash imageYes, it’s that magical time again!  Jonathan is going to play tour guide to take anyone who is interested on a  journey through the latest two major filings in the AXANAR lawsuit, each submitted to the Ninth Circuit Federal Court this past Monday.

Plaintiffs Opposition

Defense Opposition

For a better idea of what is going on at the moment, check out my (not so brief!) four-part blog on the motions for summary judgment (start here).  In that analysis, I flipped a coin and began with the defense.  This time, to be polite, I’m going to begin with the plaintiffs.

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A Tale of Two(?) Fan Films – Analyzing the MOTIONS FOR SUMMARY JUDGMENT in the AXANAR LAWSUIT! (Part 4)

axaanr-splash-image4Last time, we began looking at the PLAINTIFFS Motion for Partial Summary Judgment in the AXANAR copyright infringement lawsuit.  In Part 1 and Part 2, we looked at the  DEFENSE Motion for Summary JudgmentThere’s been a LOT to cover, but we’re finally seeing the light at the end of the tunnel (I’m just not sure whether or not it’s an oncoming train!).

Okay, so let’s say you to want to bake a winning copyright infringement lawsuit…what do you need to win?

Continue reading “A Tale of Two(?) Fan Films – Analyzing the MOTIONS FOR SUMMARY JUDGMENT in the AXANAR LAWSUIT! (Part 4)”

A Tale of Two(?) Fan Films – Analyzing the MOTIONS FOR SUMMARY JUDGMENT in the AXANAR LAWSUIT! (Part 3)

axanar-logo-3Last time (and the time before that), we took a look at the defense’s DEFENSE Motion for Summary Judgment in the AXANAR copyright infringement lawsuit.  Now it’s time to take a look at the PLAINTIFFS Motion for Partial Summary Judgment and see what they have to say.  And they certainly have a lot to say (as did the defense).

The first question you might be asking is why the plaintiff’s motion is only for a partial summary judgment.  The answer is actually rather simple.  They aren’t asking for the judge to stop the entire case, only the parts where the plaintiffs could lose and the defense could win.  In other words, they want Judge Klausner to say that the defendant Alec Peters infringed and shouldn’t be allowed to make any more Axanar anything.  But, you ask, isn’t that all there is…is there nothing more?  Oh, there’s one more thing still to determine…

Continue reading “A Tale of Two(?) Fan Films – Analyzing the MOTIONS FOR SUMMARY JUDGMENT in the AXANAR LAWSUIT! (Part 3)”

A Tale of Two(?) Fan Films – Analyzing the MOTIONS FOR SUMMARY JUDGMENT in the AXANAR LAWSUIT! (Part 2)

Axaanr splash imageLast time, we began to analyze the DEFENSE Motion for Summary Judgment that was filed by the AXANAR legal team on Wednesday with Judge R. Gary Klausner of the Ninth Circuit Federal Court.

The attorneys for CBS and Paramount also filed a PLAINTIFFS Motion for Partial Summary Judgment, and I look more thoroughly into that in my next blog.  But the defense won the coin toss (yes, I actually flipped a coin to see which side would be analyzed first!).

When last we left off, we had just gotten to the “meat” of the defense’s motion:

“FAIR USE” – WHAT THE HECK IS IT?

Continue reading “A Tale of Two(?) Fan Films – Analyzing the MOTIONS FOR SUMMARY JUDGMENT in the AXANAR LAWSUIT! (Part 2)”

A Tale of Two(?) Fan Films – Analyzing the MOTIONS FOR SUMMARY JUDGMENT in the AXANAR LAWSUIT! (Part 1)

Axaanr splash image2It was the best of crimes; it was the worst of crimes…or was it even a crime at all?  (Actually, this is a civil trial, not criminal…but I needed a word that rhymes with “times.”)

Looking at the two motions for summary judgment filed late Wednesday night by the two parties in the AXANAR copyright infringement lawsuit, one might wonder if he or she had just read a tale of two completely different fan films.  The defense, unsurprisingly, had that “What…little old us?” look as they discussed a mostly original piece of creative fiction that used just the smallest sliver of Star Trek–and only the “minimum” that was necessary to tell its story that was actually a “critical commentary and analysis” of “the present-day military industrial complex.”

Meanwhile, the plaintiffs painted a picture of a nefarious fan who maliciously tried to line his own pockets with ill-gotten gains taken from the good and just studios who have made Star Trek lo these 50 years.  His fan film contains nothing original and was simply a “…copy from the plots, themes, settings, mood, dialogue, characters, and pace of the Star Trek works.”  The very existence of Axanar in any way will “…cause irreparable harm to the market for the Star Trek Copyrighted Works…” and must be ended immediately “in the public interest.”

They can’t both be right, can they?

Continue reading “A Tale of Two(?) Fan Films – Analyzing the MOTIONS FOR SUMMARY JUDGMENT in the AXANAR LAWSUIT! (Part 1)”

CONFIRMED! AXANAR defense team will file a MOTION FOR SUMMARY JUDGEMENT later today!

axanar-logo-3Well, it looks like there isn’t a settlement yet in the AXANAR copyright infringement lawsuit.  And how do I know this?  Because I now have confirmation that the defense will be filing a motion for summary judgment with Judge Klausner of the Ninth Circuit Federal Court later on today.  (I don’t yet know if the plaintiffs are planning to do likewise, but if a settlement hasn’t been reached, then it’s a pretty sure bet.)

And how did I get confirmation that the defense will be filing their motion later today?  Because yesterday evening I was asked to sign this declaration:

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TOMORROW we’ll know if the AXANAR lawsuit has settled or not…

Tomorrow (November 16) is the deadline to file motions for summary judgement in the AXANAR copyright infringement lawsuit.  And while the two sides are supposedly still in talks to settle (they reportedly had a conference call meeting yesterday), we’ll know tomorrow whether or not a settlement is imminent.

How?  Well, by the end of the day tomorrow–if they aren’t really close to a settlement or there already–we will most likely see two major filings from the legal teams: each a motion for summary judgment.  And what the heck is that, you ask…?

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BREAKING (NO) NEWS!!! NO SETTLEMENT (yet) in AXANAR LAWSUIT!

axaanr-splash-image4Okay, I just couldn’t wait anymore!  I had to know…was  a settlement reached in the Axanar copyright infringement lawsuit????

If you read my previous blog on the subject, you know that the two sides–CBS/Paramount and Alec Peters/Axanar Productions–were ordered by judge R. Gary Klausner to sit down for one last-ditch attempt to work out a settlement before going to trial.  Magistrate Judge Charles Eick was assigned to facilitate the discussions.  There is a court-mandated gag order on all discussions of the content of the settlement talks, and so all we got from Alec Peters on Monday evening was this:

We did not reach a settlement, but we are close. We will know by week’s end, as the attorneys have a call with Judge Eick Friday.

Everyone needs to manage their expectations. A settlement means neither side gets exactly what they want.

That sounded promising–or so I thought.  But as Friday (today) wore on and Alec wasn’t answering my texts of “So…any news yet?” I was getting antsier and antsier.  Their Monday meeting had lasted past 9:00p.m., so I tried to be patient and not bother Alec over and over again.  I failed.

But my persistence paid off…kinda.  I finally received the following comment approved from Alec for posting to FAN FILM FACTOR: Continue reading “BREAKING (NO) NEWS!!! NO SETTLEMENT (yet) in AXANAR LAWSUIT!”