Despite CBS and Paramount providing a rather lengthy list of examples of alleged copyright infringement (as covered in our earlier story HERE), Axanar Productions are claiming that no infringement has taken place since they haven't even produced the film and that regardless of that fact CBS and Paramount still have not provided enough clarity regarding which copyrights have been infringed.
"I see no charges against us, Your Honor."Axanar Productions have therefore filed yet another claim to have the case thrown out on the grounds that "Plaintiffs implausibly claim infringement as to elements not protected by copyright, have failed to put Defendants on fair notice of their claims, and seek premature relief."
The argument that they haven't yet produced the film might be valid if they hadn't already shown off the 'Prelude to Axanar' or a scene taking place on Vulcan that was shown off at a convention, the fact that they have released so much content already does surely damage their argument here.
As for the lack of clarity, CBS and Paramount have been very clear about how they feel Axanar has infringed on Star Trek but it seems like Axanar Productions are claiming that most of these examples don't actually show copyright infringement because the allegedly infringed items aren't subject to copyright.
Some of the examples provided for example cover Vulcan, the species and their visual appearance. 'Vulcan' for example has existed since before Christ when you look at ancient mythology and pointed ears can be found in numerous places "including, but not limited to, vampires, elves, fairies, and werewolves, as well as in many animals in nature.”
Starfleet's distinctive triangular medals seen in The Original Series? Axanar says they are just triangles and you can't copyright a triangle.
The United Federation of Planets logo? Axanar says it is just a rip off of the United Nations logo and you can't copyright a rip off of the United Nations logo.
And so on and on and on and on and on and on and on.
Axanar Productions probably have some valid points with some of their objections of the specific evidence that CBS and Paramount have provided when considered in isolation, however put it all together and it would be very difficult to claim that Axanar had not infringed on Star Trek, wouldn't it?
What do you think? Are Axanar Productions guilty of trying to use legal tricky to get away with grievously savage copyright infringement or should Judge Q rule in their favour and go pester the Calamarain?
Writer Bio Christopher is on an ongoing mission to seek out new life in the hopes it is less annoying than most of Earth's population. It isn't going well. |
Written and Edited by Chris Halsey - chris.halsey@ufplanets.com
Hopefully, some agreement can be reached and Axanar (and other fan productions) can move forward with creating some new and original Star Trek stories. I am not sure how the who Star Wars Expanded Universe worked in regards to any of those stories/ideas got the "greenlight" from Lucas. But in the absence of movies/TV series, the Expanded Universe kept Star Wars pretty well alive and active. Which I saw as a good thing.