Category: News

Okay, nobody cheer, nobody panic!  These are all TENTATIVE rulings in the AXANAR lawsuit.  Judge Klausner himself even made sure to put the word TENTATIVE in ALL CAPS in his ruling yesterday:

The Court makes the following TENTATIVE rulings on the Motions In Limine:

• Plaintiff’s Motions In Limine No. 1 – Denied
• Plaintiff’s Motions In Limine No. 2 – Granted
• Plaintiff’s Motions In Limine No. 3 – Granted
• Plaintiff’s Motions In Limine No. 4 – Granted
• Plaintiff’s Motions In Limine No. 5 – Granted
• Plaintiff’s Motions In Limine No. 6 – Under Submission
• Plaintiff’s Motions In Limine No. 7 – Granted
• Plaintiff’s Motions In Limine No. 8 – Granted
• Plaintiff’s Motions In Limine No. 9 – Denied
• Plaintiff’s Motions In Limine No. 10 – Granted

• Defendant’s Motion In Limine No. 1 – Granted
• Defendant’s Motion In Limine No. 2 – Denied
• Defendant’s Motion In Limine No. 3 – Granted
• Defendant’s Motion In Limine No. 4 – Granted
• Defendant’s Motion In Limine No. 5 – Granted
• Defendant’s Motion In Limine No. 6 – Granted
• Defendant’s Motion In Limine No. 7 – Denied
• Defendant’s Motion In Limine No. 8 – Denied
• Defendant’s Motion In Limine No. 9 – Granted

So what the heck just happened?  Well, first of all, each party submitted motions in limine to Judge R. Gary Klausner on December 16 asking for certain pieces of evidence and witnesses (including me!) to be excluded from being presented or mentioned during the trial.  I wrote about all of those 19 motions in a 4-part blog starting here.  (It’s nice light reading.)

Then, last Friday, both the plaintiffs and the defense submitted 19 separate OPPOSITIONS to those 19 motions in limine…which I’ve collected for your reading pleasure into this single 143-page PDF: Oppositions to Motions In Limine.  (Yeah, talk about light reading!)

I’d actually begun preparing one of my meticulously entertaining  (or entertainingly meticulous) blog analyses of those oppositions, but I got sidetracked on blogs about the Judge’s ruling on fair use last Wednesday , the likelihood of a successful appeal, and a possible trip to the Supreme Court.  And and much as I was looking forward to reading through and summarizing 143 pages of dense legal arguments, that all seems like “old news” now that we’ve got this TENTATIVE (ALL CAPS!!!) ruling to look at.

So let’s look, shall we…?

Continue reading “JUDGE issues TENTATIVE rulings on EXCLUSIONS in the AXANAR LAWSUIT! (Part 1)”

In Part 1, we began looking at the hard-hitting, 15-page Order on Motion for Partial Summary Judgment issued by Judge R. Gary Klausner in the AXANAR lawsuit early on Wednesday morning.  It was mostly bad news for the defense, although not fatal.  The judge didn’t grant either side’s motions for summary judgment, leaving the jury to decide whether Axanar is similar enough to Star Trek to qualify as copyright infringement.

The judge did rule that, in his opinion, Axanar was “substantially similar” to Star Trek and should be considered contributory and vicarious infringement.  So that’s definitely bad for the defense, since it pretty much rejects a good portion of their motion for summary judgement.

However, he also didn’t grant the plaintiffs’ requests to declare Axanar to be infringement (which would have taken the decision away from the jury) or to issue an injunction against Alec Peters of his associates producing anything else Axanar.  So that was good for the defense.  Also good was the judge’s opinion that given the benefit of the doubt, “…Peters’ actions demonstrate a respect for Plaintiffs’ intellectual property that makes a finding of willfulness on summary judgement inappropriate.”  If the jury agrees, the judgment against Alec Peters (if he loses) could drop from the seven-figure range down to the five-figure range.

But then things got UGLY.  The judge nixed the “fair use” defense completely.  But is he allowed to actually do that?  I’ll go through what the judge actually said first, and then tomorrow we’ll look at how he may have actually given the defense a gift (of sorts) if and/or when it comes time to appeal.

Here we go… Continue reading “AXANAR lawsuit SUMMARY JUDGMENT Order – THE GOOD, THE BAD, and THE UGLY! (Part 2)”

Okay, we now know one very important thing that we’d only suspected up until now: Judge R. Gary Klausner is a closet Trekkie (or possibly, it’s one of his law clerks)!

Before I start a deeper dive into the judge’s 15-page Order on Motion for Partial Summary Judgment issued on Wednesday morning, I’d just like to share a few quick quotes from it: