Category: News

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STAR TREK: NEW VOYAGES / PHASE II returns…in eBook format!

STAR TREK: NEW VOYAGES/PHASE II ceased production on any new episodes this past July and left three filmed episodes in the uncertain limbo of stalled post-production.  Instead, Retro Studios in Ticonderoga, New York got a license from CBS to become an official Star Trek TOS set tour.  And as cool as that sounds, if you’re like me, you’re really missing Star Trek: New Voyages.  Well, hopefully, this’ll lessen the blow just a little.

The New Voyages Fan Club has just released the first in a series of novelizations of new, never-before-filmed episodes of Star Trek: New Voyages (also known as Star Trek: Phase II).  For obvious reasons, these novelizations cannot be sold, which is why they’re being released as eBooks directly on the New Voyages Fan Club website in the following formats:

  • Mobi (Kindle),
  • ePub (Nook, Kobo, Sony reader and tablets)
  • PDF (Adobe Portable Document Format)
  • LRF (Older Sony Readers)
  • PDP (Older Palm Devices)

The books will not be available on Amazon.com as they require a minimum price of $0.99 for eBooks. The New Voyages Fan Club is therefore providing the eBook in Kindle format on their website with instructions as to how to transfer it to a Kindle device free of charge.)

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A closer look at the MOTIONS TO LIMIT EVIDENCE in the AXANAR LAWSUIT (Part 4)

In Part 1, I explained what a motion in limine is (so if you don’t know, go click on that link).  In Part 2, I took a look at the ten in limine motions that the plaintiffs filed asking the judge in the AXANAR lawsuit to exclude specific evidence from trial and prevent certain key witnesses from testifying in front of the jury.  And in Part 3, I began looking at the first four of the nine motions from the defense of what evidence and testimony they did not want the jury to see.

Here is a PDF document compiling all nine of the defense’s in limine motions:

Defense Motions to Exclude

And now, as God is my witness, I am going to finally finish up my analysis of all 19 of these motions (there’s only five left)!  Let’s get to it…

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A closer look at the MOTIONS TO LIMIT EVIDENCE in the AXANAR LAWSUIT (Part 3)

In Part 1, I explained what a motion in limine is, so at least I don’t have to go through that again!  And in Part 2, I took a look at the ten motions that the plaintiffs filed asking the judge in the AXANAR lawsuit to exclude specific evidence from trial and prevent certain key witnesses from testifying in front of the jury.

Today, it’s the defense attorneys’ turn under the FAN FILM FACTOR microscope.  And if you think I’m just going to back up Team Axanar on everything and let ’em glide through this analysis unscathed, then you’re gonna be very surprised.  I call ’em like I see ’em, and I freely admit that some of what the defense is asking the judge to exclude is pretty ballsy…in one case almost to the point of comedy relief (trying to exclude the words “Star Trek“–yep).  On the other hand, they also make a number of very solid points and might actually have a chance of winning a few.

And in the end, that’s what challenging evidence and witness testimony is all about.  Swing for the bleachers.  The worst that happens (assuming you don’t piss off the judge too much) is that he says no and you just have to work a little harder during trial.  But the rewards can be great if you do manage to take a key piece off the chess board.

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A closer look at the MOTIONS TO LIMIT EVIDENCE in the AXANAR LAWSUIT (Part 2)

In Part 1, I explained what a motion in limine is, so I don’t need to explain it again, right?  Instead I can just jump into the ten motions the plaintiffs made in the AXANAR lawsuit to try to get certain key witnesses (including me!) and pieces of evidence excluded so that the jury will never see or hear them.

Here are all ten motions collected into one document:

Plaintiff Motions to Exclude

To save you from having to read all 63 pages (!!!), I’ll be providing a nice ‘n tidy summary for you of each motion.  In a few cases, I might comment on the strength or weakness of a particular argument.  But for the most part, I’m going to stick to giving an overview of why the plaintiffs believe each item should be excluded, and also how that item could potentially hurt the plaintiffs if it gets in front of the jury.  (After I finish going through all of the plaintiffs’ motions, I’ll do the same for the defense team.)

My apologies in advance for another long blog, but this time, there are TEN motions to cover!  Read it in chunks if your eyes start to glaze.

So here’s what the plaintiffs want to exclude…

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A closer look at the MOTIONS TO LIMIT EVIDENCE in the AXANAR LAWSUIT (Part 1)

Now that I’ve indulged my little emotional rant last Saturday, it’s time to sit down and take a somewhat less passionate look at the 19 motions in limine that both sides filed last week to exclude evidence and witnesses in the AXANAR lawsuit.

The plaintiffs are challenging TEN different items of evidence and potential witnesses (including yours truly!) while the defense team is challenging NINE.  I’ve consolidated all those separate motions into two huge PDF documents:

Defense Motions to Exclude

Plaintiff Motions to Exclude

In Part 1 of this blog series, I’d like to explore what a a motion in limine is and how and why it is used. In this way, I’m hoping to give you all a better idea of what is going on right now and why it’s so important (and also give myself more time to research and write up parts 2 and 3!).

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NEW MOTIONS filed to LIMIT EVIDENCE in the AXANAR LAWSUIT!

Axaanr splash imageJust when you thought you were out, I pull you back in!  Yes, it’s AXANAR lawsuit time again…and I really didn’t expect this part to be quite so significant.  Man, was I wrong!

As you may recall, the next major event in the Axanar case was supposed to be oral arguments for the motions for summary judgment in front of Judge R. Gary Klausner on Monday morning.  But the judge canceled the in-person hearing and will be making his pre-trial rulings based solely on the documents filed by both parties.  (This is not unusual.  I’m told that Judge Klausner usually cancels oral arguments and rules based on filings.)  This means that the judge’s rulings could come at any time…and this lawsuit could possibly even be over before it begins!

But if this case does go to trial on January 31, then yesterday (Friday) was an important deadline.  It was the last chance each side had to challenge evidence and/or witnesses that the other side wants to use in court and present to the jury.  This can potentially be pretty big.  Imagine going into the big game with a few of your best players disqualified and benched.  That could happen if the judge excludes one or more pieces of potentially key or damaging evidence from being used at trial!

The plaintiffs are challenging TEN different items of evidence and potential witnesses (like little ol’ me!) while the defense team is challenging NINE.  I’ve consolidated all those separate motions into two huge PDF documents:

Defense Motions to Exclude

Plaintiff Motions to Exclude

You probably don’t want to read all 140 pages (although there’s some interesting stuff in there!), so I’m gonna help ya out and do a summary…later this week.  Assuming the judge doesn’t end the case before then, I’m gonna need at least a few days to parse through all this!

Except for the motion about me (starting on page 25).  That one I wanna tackle right now because, dammit, it’s my frickin’ blog and I should be allowed a bit of self-indulgent righteous indignation every once in a while!

So let’s take a look at why the plaintiffs don’t want me ruining their case…

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BREAKING NEWS – ORAL ARGUMENTS in the AXANAR LAWSUIT have been CANCELED for next Monday!

courthouse-photo-1The motions for summary judgment had been filed last month by both parties in the AXANAR lawsuit, followed by opposition briefs and reply briefs from both sides.  Next Monday, at 9:00 a.m. at the Ninth Circuit Federal Court Building, lawyers from both sides were scheduled to appear before Judge R. Gary Klausner to argue the merits of their motions and oppose the other side.  And I was planning to be there.

Looks like I don’t have to schlep to downtown anymore.  The court just sent the following message to the attorneys in the case:

SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Plaintiffs CBS Studios Inc. and Paramount Pictures Corporation’s Motion for Partial Summary Judgment [72, 85] and Defendants Axanar Productions, Inc. and Alec Peters’ Motion for Summary Judgment [75], calendared for hearing on December 19, 2016, have been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. IT IS SO ORDERED.

In other words, Judge Klausner will decide the motions based solely on the documents that have been filed.  This is not unusual for him.  In fact, I am told that it’s unusual for him to NOT cancel oral arguments!

And so his decision could come at any moment–today, tomorrow, next week–and when it does, you can believe I’m gonna post it as soon as I can!!!

STARSHIP VALIANT releases its second episode “CROSSES TO BEAR”!

In July of 2014, STARSHIP VALIANT became the first of what would eventually be MANY Star Trek fan productions filmed at STARBASE STUDIOS (in Oklahoma City) to release a completed project onto the Internet.  Their debut episode, “Legacy” featured scenes filmed on the bridge, on location outdoors at a cemetery, and in a house.

Back when the episode was first filmed, Starbase studios did not yet have any other sets besides the bridge.  The following year, though, Starbase Studios built a 2-bed sickbay set, and Valiant was able to film an additional prologue sequence that helps explain event that happen later in the episode.  In July of 2015, a special edition was released with brand new footage inserted at the beginning.

The premise (and promise) of Starship Valiant was, in the vision of show-runner (and lead actor) Michael L. King, to explore the human side of serving in Starfleet.  Being in command is a heavy burden.  And so while many other fan films enjoy focusing the action and excitement of the battle itself, Valiant would show the aftermath.

It’s been two and a half years since Starship Valiant debuted.  Since then, actors/characters from that production have appeared in cameos in other Starbase Studios-produced fan films like Dreadnought Dominion, Melborne, and His Name Is Mudd.  But fans were still eagerly awaiting a sequel to “Legacy.”

What they got, however, was more of a prequel.  Set several years before the events of “Legacy,” the new episode “Crosses To Bear” does not feature Michael L. King’s character of Commander Bishop at all (although Michael still wrote and produced both episodes and directed this second one).  Instead, this 22-minute story focuses entirely on Chief Medical Officer Roger Floyd and a very traumatic event in his life–two, in fact.  And watch for an important, bare bones appearance by a very familiar Starfleet officer…played by fan film rookie Frank Jenks, whom I had the pleasure of meeting in Las Vegas (great guy!).

The entire production team–actors and crew–did a very impressive job on this release.  It’s definitely worth watching…which you can do right here:

You can learn more about Starship Valiant on their website and on their Facebook page.

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

axanar-logo-3Last time, we took a deep dive into the fascinating world of the Plaintiffs’ Reply to the Defense Opposition to the Plaintiffs’ Motion for Partial Summary Judgment in the AXANAR lawsuit. (Say THAT three times fast!)

This time, we look at the equally fascinating Defendants’ reply to the Plaintiffs Opposition to the Defendant’s Motion for Summary Judgment. This is the way the law works, folks, with each side being given a fair chance to rebut the other side’s arguments and then to reply to those rebuttals. It is important to know copyright law even when dealing with owned property. If you are interested in finding out more about copyright law, you might want to check out somewhere like Bonamark to learn more.

As I mentioned last time, the plaintiffs’ latest filing comes in like a wrecking ball, angry and indignant and looking for strong emotion to carry the day. They want justice…and they don’t get particularly specific in describing what aspects of their intellectual property was copied and how. They give some general descriptions, like Klingons being “…a fictional, war-like species, speaking Klingonese, hailing from the planet Qo’noS and are known for engaging in battles with the Federation.” But they don’t go much further.

As you’ll see in a few moments, the Axanar defense team utilizes a very different approach. Less emotional and more (dare I say it?) logical, they go much deeper into the precise elements of copyright law and legal precedent. (As such, yeah, this is gonna be another long blog, folks…sorry.)

It’s the hammer versus the scalpel, and it’s time to see how an intellectual property “surgeon” operates…

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