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 7

Defense Summary Judgment Motion, Oki Declaration, Exhibit 7

In addition, we come to exhibit 7, which contains excerpts from witness Bill Burke‘s deposition testimony. 

However, I believe the exhibit more or less speaks for itself; the defense attempted to get the witness to say that James Cawley’s set tours provide value to fans (which the witness admitted) and then the questioning attempts to pull Burke to a conclusion that fans’ works helped other fans. Yet Burke instead testified that official events benefit the fans.

Exhibit 8

Defense Summary Judgment Motion, Oki Declaration, Exhibit 8

In addition, we come to exhibit 8, which contains excerpts from witness Elizabeth Kalodner‘s deposition testimony.

Twitter

So on page 3, the following exchange occurred:

Do you see any benefit from
promoting fan film merchandise on an
official Star Trek page?

A. I do not.

The Set (with its License) is the Benefit, Not the Fan’s Involvement, Per Se

And skipping over to page 8, we see the following exchange:

Q. How does CBS benefit from a fan
film creator giving commercial tours?

A. We benefit when we issue a
license that generates royalty revenue.

Q. So this license is generating revenue?

A. Yes.

Q. And it’s being promoted in
connection with a 50th anniversary of Star Trek?

A. Yes.

Q. So is it fair to say that the set
is an example of a positive fan generated
product?

A. No.

Q. Is it fair to say that there’s
value in the set that was constructed here?

A. Yes.

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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3 Comments:

  1. Pingback: Axanar Summary Judgment Motion Rulings - Semantic Shenanigans

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  3. Pingback: Axanar Plaintiffs Motions in Limine - Semantic Shenanigans

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