Category: Blog Entries

Mark your calendars!  The judge in the lawsuit between Paramount/CBS and Axanar has now set a trial date of January 31, 2017.  This is about three and a half months earlier than the litigating parties had mutually recommended to the court.

Judge R. Gary Klausner now has all of the paperwork submitted by the plaintiffs, the defense, and even an amicus brief filed by the Language Creation Society disputing the claim by the plaintiffs that the Klingon language can be copyrighted.  It’s quite an attention-grabbing case!

The judge could rule in the coming weeks on any or all of several motions filed on behalf of Axanar, including the removal of Paramount as a plaintiff, dismissing the part of the lawsuit dealing with the Axanar movie (of which, only one 3-minute scene has actually been completed while the rest of the film remains in stalled pre-production), and even the possibility of dismissing the entire case.

Even if the case continues onward, a LOT can happen between now and next January, including a settlement between the two parties.  If not, then we’ll see everyone in court in less than nine months.

And just when you thought we were done with pre-hearing filings in the Paramount and CBS copyright lawsuit against AXANAR, in come the Klingons!

In what has to be one of the strangest amicus briefs (a “friend of the court” opinion submitted in a case by a party not directly involved) to ever come across U.S. District Judge R. Gary Klausner’s desk, Marc Randazza of the Language Creation Society has argued that Paramount and CBS’s claim of ownership of the Klingon language should be dismissed because Klingon is, in fact, NOT copyrightable!

Today’s Hollywood Reporter has a very entertaining write-up of this story which actually contains a link to the filing itself.  As far as I’m concerned, this amicus brief is a MUST READ just to enjoy the fact that a serious legal document has been filed in Federal Court that is written partly in KLINGON!

And just to remind everyone, Paramount did produce this hilarious episode of Frasier, “Star Mitzvah,” back in 2002:

https://www.youtube.com/watch?v=Z9xWYApbd6Y

In what is likely the final documentation containing legal arguments to be submitted before the court hearing on May 9, 2016, the attorneys representing Axanar have just filed a Response to Paramount and CBS’s Response to Axanar‘s latest Motion to Dismiss (itself a response to Paramount and CBS’s Amended complaint for copyright infringement).

Although Fan Film Factor is taking a neutral stance regarding this lawsuit, I do have to admit to being fascinated as I read each of these documents.  If one can get past all the legal language and case references scattered throughout, what amazed me most was how thoroughly convinced I was each time I read the arguments of one side or the other.  Just when I thought, “Oh, man, they’ve nailed it!” I would read the response and think, “Okay, well, that convinced me the other way!”

In other words, I’m glad I’m not the judge on this case!  He’ll have to study all the main legal documentation filed in this case so far…

Here is a link to the text of the ORIGINAL lawsuit.

Here is a link to the text of Axanar‘s ORIGINAL response.

Here is a link to the text of the AMENDED lawsuit.

Here is a link to the text of Axanar’s SECOND response.

Here is a link to the analysis of CBS/Paramount’s response to that.

And here is a link to the FINAL response from Axanar.

For a more complete list of media coverage of this story, Axanar has provided this Press Room Page full of links to news reports and editorials regarding the lawsuit.