Axanar Plaintiffs 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 Plaintiffs Summary Judgment Motion

So I have the plaintiffs summary judgment motion in my hot little hands.

However, the motion is actually for what’s called partial summary judgment.

I have a ton of documents. And it will not do anyone any good for me to go through every single one of them. Because if I went through every single page, I would end up writing a good ten or so blog posts. And I would split them in order to keep from writing huge blog posts that would never see the light of day. Hence I’m just happy the hearing won’t happen until December 19, 2016. However, the matter could still settle before then. Yet either way, I paid a good $80 or so for all of these documents (no lie!) and so I will blog about them. In addition, I feel they interest you, the readers. Still, I will do my damndest to keep these blog posts short. Because, let’s face it, a lot of trees died for this.

And that means few images. However, you can click on whatever you like. Because I have paid for these documents and they are a matter of public record. And you, a member of the public, have the right to know.

A Word About Redactions

Furthermore, three of the documents were originally incorrectly redacted. Hence I am only going by redactions (and have created properly redacted versions thereof). Because there is plenty to go over without peeking under anyone’s skant. Furthermore, plaintiffs’ counsel already petitioned the court to re-redact the documents and correct their error (and their motion was granted, so the newly, correctly redacted documents are what’s officially in the record now). So as a professional courtesy to my fellow attorneys (I would do this for defense counsel as well, folks), I will not reveal what was under the redactions.

Fan Fiction Defense is Legally Irrelevant

So on page 24, plaintiffs add:

Defendants label the Axanar Works as “fan fiction,” but no court has ever
held that “fan fiction” (whether or not that label is accurate, which in this case it is
not) has any impact on the copyright infringement analysis. While Defendants have
claimed that Plaintiffs have not sued other “fan film” creators, this too is legally
irrelevant.

Plaintiffs Summary Judgment Motion, cover page

kno Plaintiffs Summary Judgment Motion, cover page

Statement of Facts, Grossman Declaration, and Van Citters Declaration

Statement of Facts

031124712639-2statement-of-facts-proper-redaction

So most of this document (the unredacted parts, that is) reiterates the same facts as stated in the motion. Hence I won’t repeat it.

Statement of Facts for Plaintiffs Summary Judgment Motion, cover page

Statement of Facts for Plaintiffs Summary Judgment Motion, cover page

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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2 Comments:

  1. Pingback: Axanar Pretrial Voir Dire and LCS Petition - Semantic Shenanigans

  2. Pingback: Axanar Defense Opposition to Plaintiffs’ Motion for Partial Summary Judgment - Semantic Shenanigans

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