Tag: Lawsuit

The 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!!!

If it’s Tuesday, that can only mean one thing: new documents in the AXANAR lawsuit were filed at midnight last night!

But seriously, folks, these will likely be the last Axanar filings for the foreseeable future.  In two weeks (December 19…a Monday, of course), attorneys for both sides will appear in court in front of Judge Klausner for oral arguments, each supporting their clients’ motion for summary judgement.  After that, the next document we will see will be filed by the judge himself…and it’ll either be good news or bad news (or both!) for the two sides in this case as he makes his final rulings on these two motions.

In the meantime, here’s what came in last night: REPLIES.  Three weeks ago, both sides filed motions for summary judgment (the plaintiffs filed a partial motion…more on that in another blog).  These documents each asked the judge to rule on facts that were not in dispute (in other words, so obvious that any jury would reach the same conclusion, so why even waste the time to argue about it in court?).  Of course, neither side agrees on what these “obvious” facts are, which kinda suggests they’re not quite undisputed.  However, if the judge is convinced by the arguments of one side or the other, he could, conceivably, end this case before the trial even begins, effectively handing a victory to one side or the other.

After filing their motions, each side was allowed, two weeks later, to provide a second filing in OPPOSITION to what the other side had argued in its motion.  And finally, a week after that (which was yesterday), each side could provide a brief REPLY to that opposition filing.  Here are links to both of those replies from yesterday:

Plaintiffs’ reply

Defendants’ reply

Continue reading “LEGAL REPLIES filed by both sides in the AXANAR LAWSUIT!”

First, I’d like to apologize if FAN FILM FACTOR seems like it’s turning into the ALL-AXAANR NETWORK.

Yes, there are still other Star Trek fan films out there, and I promise to get back to covering them.  But the Axanar news these past two weeks (and for the next three weeks) is truly significant and could, very likely, affect ALL Star Trek fan films and series…in a good way, a bad way, or possibly even both.  So in my opinion, this is news deserving of extensive coverage.

That said, shortly before midnight on Monday, both parties in the Axanar copyright infringement lawsuit filed briefs opposing the others’ motions for (partial) summary judgment.  Monday was the deadline, and these filings were widely expected by those following the case.

The goal of each legal team is not to win the case here and now, however.  In a situation similar to the old joke, “I don’t have to outrun the bear, I only have to outrun you!” the idea is to simply torpedo the other side’s motion to get the judge to issue any ruling BEFORE the case goes before a jury.  As such, if/when you read the filings, you’ll notice a tendency to argue that “the facts are still very much in question” rather than “they’re just plain wrong and we’re right.”  As long as the facts are still in dispute, this case goes to court, and a jury gets to decide.

Here’s a link to the Plaintiffs Opposition filing and also a link to the Defense Opposition filing.  And once again, they are both brought to you by the number 20…as there is a 20-page limit in how long these “briefs” can be.  Some day, I am certain, all of this filings in this case will be required reading in law school courses on copyrights and intellectual property law.  Yes, this case is THAT significant, and both sides are writing textbook motions that have a lot to teach future attorneys.

In a few days, I’ll try to provide my own “briefs” on these briefs…hopefully shorter than last week!  Some things to notice if you do bother to read these:

• The plaintiffs are back to using pictures again!
• Now it’s the plaintiffs’ turn to bring up Star Wars…and Harry Potter!
• On the other side, the defense points out that Garth of Izar and Soval are not James Bond and Godzilla!
• Apparently, long-time Trekkie and director of Star Trek Beyond, Justin Lin, never heard of Garth of Izar!
• Apparently, no, the studio (Paramount) never bothered to register a copyright on Garth of Izar nor on Ambassador Soval.  (This could be problematic for the plaintiffs.)
• If the judge grants the plaintiffs’ requested injunction against Alec Peters, it could violate the first amendment!  (Hey, I’m just reporting the news, folks.)
• This time, the plaintiffs used a proper redaction technique.  Whew!

And yes, I’m also going to include some blogs about OTHER Star Trek fan films really soon…I promise!

 

Yep, we can now safely assume that the two sides in the AXANAR copyright infringement lawsuit have NOT reached a settlement yet.

It came quite literally down to the wire!  I checked with the court at 11:30 pm Pacific Time and neither side had filed any motion yet.  I was wondering if they’d somehow managed to settle the case after all.  But when I returned shortly after midnight, I found multiple filings from both the plaintiffs and the defense.

There’s a LOT to read through and analyze, but for right now, I just want to get the two main filings up for you all to look through.  Please note, before anyone starts doing victory laps or predicting this or that outcome, remember that each side gets to respond to the opposition’s motion and then each side gets to then respond to that response.  And finally, the two legal teams present oral arguments before Judge Klausner before he finally rules shortly thereafter.  It is FAR from over, folks!

Okay, here’s what was filed last night:

DEFENSE Motion for Summary Judgment

PLAINTIFFS Motion for Partial Summary Judgment

Each of these filings goes on for 20 pages, and they both reference other documents (including my own “History of Star Trek Fan Films”).  However, there is a downloading/viewing charge for accessing each document (up to $3 per document), and I want to see if I can perhaps get the supporting evidence documents directly from the defense team (for free) before I spend all my Google Ad revenue for the year just getting PDFs for all of you (and me, of course).

And finally, yes, I intend to provide an analysis of both of these motions–their strengths, weaknesses, and any surprises I found (and there’s quite a few).  But I’m traveling next week, so I don’t know if I’ll have enough down time to write up something thorough enough until after I get back.  We’ll just have to see, but thanks for your patience and understanding.