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.

Exhibit 1

Defense Summary Judgment Motion, Oki Declaration, Exhibit 1

First of all, we have CBS’s amended responses to defense’s interrogatories, #4, #5, #8, and #9. Since the responses for CBS and Paramount are close to identical, I won’t repeat them under exhibit 2, infra.

Interrogatory #4

Identify every Star Trek Copyrighted Work that You claim has been infringed
by the Axanar Motion Picture.

Plaintiffs list in their response:

  • The Original Series episode “‘Whom Gods Destroy” (Reg. No. RE-769-
    427,LP-44-729).
  • The Original Series episode “The Cage” (Reg. No. PA 314-430).
  • and The Original Series episode “Errand of Mercy” (Reg.No. PA-58-283).
  • The Original Series episode “The Savage Curtain” (Reg.No. RE-769-
    425,LP-44-372).
  • Enterprise episode “Shockwave,Part ll” (Reg. No. PA-l-134-204).
  • Enterprise pilot episode “Broken Bow” (Reg. No. PA-l-072-515).
  • and Enterpríse episode “The Expanse” (Reg.No. PA-1-205-604),.
  • Enterprise episode “Kir’shara” (Reg. No. PA’1-257-200).
  • Enterprise episode “Two Days and Two Nights” (Reg.No. PA-l-102′
    e74).
  • Star Trek-The Motion Picture (PA 58-633).
  • Star Trek III The Search for Spock (PA 2I4-571).
  • and Star Trek IV: The Voyage Home (PA 3 13-406).
  • Star Trek (PA 1-626-900).
  • Star Trek: The Role Playing Game – The Four Years War
  • and Star Trek: The Role Playing Game – Return to Axanar

Interrogatory #5

Identify every Star Trek Copyrighted Work that You claim has been infringed
by any version of the Axanar Script.

In addition to the fifteen items listed, supra, plaintiffs add:

  • Star Trek VI-The Undiscovered Country (PA 558-359).
  • The Original Series episode “Journey to Babel” (R.g. No. RE-
    714-288, LP-50-341).
  • and Star Trek: The Next Generation episode “Sarek” (Registration
    No. PA-501-117).
  • Star Trek: The Next Generation episode “Unification, Part I”
    (Registration No. P A-57 3 -17 7).
  • The Animated Series episode “The Counter-Clock Incident.”
  • Deep Space Nine Series.

Plaintiff add:

Additionally, Defendants have infringed Plaintiffs’ copyrighted characters,
including Vulcans, Klingons, Starfleet Captains, Garth of Izar, Soval, Chang, the
U.S.S. Enterprise, Klingon ships, and Federation ships.

Interrogatory #8

Identify and describe the harm or injury You claim to have suffered as a result
of Defendants’ actions as alleged in the FAC.

So please note: FAC refers to the ‘first amended complaint’.

Because I have read excerpts of this portion on the air more than once, I’ll just leave this here. So go to about 1:22:10 and you will hear me read a big chunk of the response to Interrogatory #8. And of course please feel free to download the document. Because it is a matter of public record and I have paid for it. Furthermore, this is not a circumvention of a redaction. And this document was never redacted by the defense.

Interrogatory #9

Identify and describe the damages that You seek for each cause of action
asserted in the FAC, including by identifying and describing the method(s) used to
compute these damages.

So plaintiffs feel willful infringement will be proven, which would entitle them to $150,000/infringement in statutory damages. Furthermore, they feel they are entitled to actual damages and any profits obtained from the infringements. Finally, plaintiffs state:

CBS has been able to determine
that Mr. Peters raised approximately $1,5 million from donors in order to create Star
Trek; Prelude to Axanar
, and to engage in production activities relating to the
planned full-length independent Star Trek film, Star Trek: Axanar. It is unclear
from Mr. Peters’ discovery responses and documents produced to date how much of
those funds were used to pay himself, but CBS is entitled to recover, as profits
relating to the infringing activity, all of those funds, including the amounts paid to
Mr, Peters, his girlfriend, and for his travel, gas, meals, tires and other personal
expenses…

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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