Axanar David Grossman Declaration and Exhibits

Janet Gershen-Siegel

Jespah (Janet Gershen-Siegel) has been a fan of Star Trek since probably the first set of reruns of The Original Series. She has an eclectic background, including an undergraduate degree in Philosophy, a JD (she practiced insurance defense law for a few years in New York and is a lot happier since she retired from that in 1990), and a MS in Interactive Media, which is a real-live social media degree.

Along the way, she has about a decade and a half of data analysis work under her belt and currently works as a blog coordinator for a high-end wedding blog and also as a blogger for hire (topics include diverse subjects like ad retargeting but also the nursing job market), and has a shingle out to work on social media presence, with a focus on independent authors as she is also a published science fiction author. Plus, she has been a community manager for a large Q & A website since 2002, which is before that existed as a job title.

She was raised on Long Island so, when she is riled up, the accent gallops back out and she can sound like Fran Drescher with a law degree. She lives in Boston with her husband of over 20 years and more computers than they need.

She can always be bribed with pie.

Axanar David Grossman Declaration and Exhibits

The David Grossman Declaration was added as a part of the recent Application for an Ex Parte order.

Semantic Shenanigans Axanar David Grossman Declaration and Exhibits

There are a lot of documents here; we’ll get through them together, page by page, okay? This blog post paginates so it won’t load a ton of images every time.

Page 20

So this page continues the previous one, supra, in discussing donor types. Defense offers three areas for improvement:

  1. They should have delivered Prelude on time
  2. “We told everyone at the start of the second Kickstarter that NO perks would ship until ALL of the perks were ready (meaning after the feature film was completed)–having learned a costly lesson in fulfilling Prelude, of how ridiculously-expensive multiple shipments are (which means how much extra money isn’t able to go into production)–but this has also hurt us with the Type 3 donors who didn’t pay attention to the wording of the Axanar Kickstarter, haven’t been following our progress or any of the dozens of updates, but merely judged us by what we delivered (or didn’t deliver, as the case may be).”
  3. Changing from Backerkit to Ares Digital

I will comment with the following page, infra.

David Grossman Declaration, Exhibit D

David Grossman Declaration, Exhibit D, Page 20

Page 21

My comments:

  1. Yes, they should have delivered Prelude on time. Standard project management theory is to take your worst-case scenario time frame and multiply it by three if you are unsure of how long something will take. Hence if you estimate one month, call it three.
  2. The so-called Third Type of donors is likely to be the largest percentage of donors. Furthermore, any donor ‘type’ can convert to that. Most people don’t follow every bit of social media minutiae, particularly if it’s coming from several sources. Hence expecting the so-called ‘Occasional’ donors to know the details on perk delivery was a non-starter. Furthermore, the real lesson that should have been learned was the one put forward by the new Fan Film Guidelines, which should have been to ditch physical perks in their entirety. While I am not unsympathetic to the costs, the vast majority of people can figure out a digital download of a film. Hence the only thing left should have been patches and larger items like models. However, the models came from the ‘Donor Store’. And as far as I am aware, the Donor Store worked as a business and orders were taken and then fulfilled. If all they needed to mail were patches, then they should have mailed them. And I would be saying this even if I didn’t feel there was an ounce of infringement. Because a better business decision would have been to ship the patches, as they would have made for advertising for the film and good will to the donors. Instead, they became a sticking point.

And

  1. The change from Backerkit to Ares Digital was probably not necessary. The project needed a database program (Microsoft Access would have done nicely), someone who knew how to run such a program, and a Pitney-Bowes machine. Oh, and time (which they certainly had) and an inclination to buckle down and get ‘er done.

Page 22

And then on this page, the report outlines what the project sees as being its accomplishments.

  • Prelude itself
  • The Prelude Blu-Ray (again, physical perks ended up being likely more trouble than they were worth)
  • Ares Studios (yeah, about that …?)
  • Infrastructure (what does a fan film need with an infrastructure?)
  • Ares Digital (created by Terry McIntosh and claimed by him as his sole work product)
David Grossman Declaration, Exhibit D

David Grossman Declaration, Exhibit D, Page 22

Page 23

So here the project gets into its 2016 plans:

  • Axanar shoot (they only shot the Vulcan scene, despite the fact that the plaintiffs did not obtain an injunction preventing filming)
  • The Four Years War Anthology (never done, and would have likely been an infringement on the work of the FASA game)
  • The Ships of Axanar (never done)
  • Sci-Fi Film School (utterly off-topic and such a detour should have given donors pause that the project was, at best, suffering from a bad case of scope creep)
  • AxaCon (never done – and conventions are expensive, difficult to pull off affairs even at the best of times)
David Grossman Declaration, Exhibit D

David Grossman Declaration, Exhibit D, Page 23

Page 24

And then the final page offers a thank you to donors.

David Grossman Declaration, Exhibit D

David Grossman Declaration, Exhibit D, Page 24

Janet Gershen-Siegel

Jespah (Janet Gershen-Siegel) has been a fan of Star Trek since probably the first set of reruns of The Original Series. She has an eclectic background, including an undergraduate degree in Philosophy, a JD (she practiced insurance defense law for a few years in New York and is a lot happier since she retired from that in 1990), and a MS in Interactive Media, which is a real-live social media degree. Along the way, she has about a decade and a half of data analysis work under her belt and currently works as a blog coordinator for a high-end wedding blog and also as a blogger for hire (topics include diverse subjects like ad retargeting but also the nursing job market), and has a shingle out to work on social media presence, with a focus on independent authors as she is also a published science fiction author. Plus, she has been a community manager for a large Q & A website since 2002, which is before that existed as a job title. She was raised on Long Island so, when she is riled up, the accent gallops back out and she can sound like Fran Drescher with a law degree. She lives in Boston with her husband of over 20 years and more computers than they need. She can always be bribed with pie.

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  1. Pingback: Plaintiffs’ Reply Brief in Support of Motion for Partial Summary Judgment - Semantic Shenanigans

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