Axanar Defense Summary Judgment Motion

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 Defense Summary Judgment Motion

So I have the Defense Summary Judgment motion and it is enormous. And much like the plaintiffs’ motion, I can’t go through it all, page by page and line by line because you and I would be here for the next year, just looking at documents. Therefore, I will summarize where I can and will upload as I can. And then you can download as you please. However, we can’t host every single document. So if you want something not here, or if you have any questions, please go to the Contact page and send us a note. And I will do my best to answer you and/or find a way to get you the bigger documents. However, any documents under seal are impossible for me to get unless either of the parties successfully moves to change that.

Fair Use Argument

And so defense states:

There is no evidence whatsoever
that Defendants’ Works have caused any negative impact on Plaintiffs’ market. While
Defendants have used elements that have appeared in the Star Trek universe,
Defendants’ Works are transformative—going where no man has gone before. Indeed,
Defendants’ Works present new insights, featuring numerous original characters,
original dialogue, a unique plot, and an unexplored timeline.

Prelude was presented in
a unique “mockumentary” style, unlike any Star Trek work before it. Defendants’
Works also borrow from numerous other sources, using the minimum amount of
existing material from the expansive Star Trek universe to tell a unique story about an
obscure character that appeared in a single Star Trek episode in 1969, a war veteran
otherwise abandoned by Plaintiffs in their more recent episodes and films.
Defendants’ Works are precisely the type of creative, original works the Copyright
Act was designed to foster.

However, minimal usage would be, perhaps, one ship or one character, maybe two. Because between Prelude and the Vulcan scene, I can list the following ‘borrowings’ from memory:

  1. Soval
  2. and Klingons
  3. the planet Vulcan (and Mount Seleya)
  4. and John Gill
  5. Vulcans
  6. and The United Federation of Planets (and its flag)
  7. Chang
  8. and the ship designs (all of them)
  9. uniform designs and insignia
  10. and Garth of Izar himself

Hence I ask you, gentle reader, do you think that’s minimal?

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: Axanar Summary Judgment Motion Rulings - Semantic Shenanigans

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