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.

Grossman Declaration

031124712640-2grossmandeclaration-proper-redaction

And again, I’ll just supplement what was said above. Because on page 4, Grossman states:

11. On Defendants’ website, Axanarproductions.com, Mr. Peters stated:
“While Axanar is more professional, and has raised more money than all other Star
Trek fan films combined, we use less Star Trek IP than almost all of them…Yes, we
use several characters from Star Trek and we are clearly set in that universe.”
Attached hereto as Exhibit G is a true and correct copy of a printout from
Axanarproductions.com.

So this statement, which I believe we may have taken note of on the G & T Show, has proven problematic to the defense.

Vulcan Glyphs Chinese Characters

Furthermore, on pages 8 and 9, Grossman adds:

25. Defendants’ Answer to the First Amended Complaint denied copying
Klingons and Vulcans and asserted that Vulcan Ambassador Soval’s robe used in

Prelude to Axanar contains “Chinese lettering” and not Vulcan script. (See Dkt. No.
47 at ¶ 46 (8:11-9:3)) (“deny that Soval’s robe in Prelude to Axanar contains
‘ancient Vulcan script’ (the robe contains Chinese letters).”). After Mr. Peters’ first
deposition was taken, Mr. Gossett produced an email in which Mr. Peters sent Mr.
Gossett an image for the Soval costume. In that email, Mr. Peters approved the
Vulcan robe for Soval and stated that the production team should add Vulcan glyphs
to the robe.

So do you want more on how Vulcan glyphs aren’t Chinese characters? Hence you might want to take a look at this blog post.

The Keeper of the Faith?

And then on pages 11 and 12, Grossman states:

Attached hereto as Exhibit U is a true and correct copy of an email
dated March 7, 2015 from Mr. Peters to Christian Gossett, which states “I am the
keeper of the faith with fans. They love that about us. Our faithfulness to the
universe.”

Podcasts

So on pages 16 and 17, Grossman notes Peters participated in some forty podcasts, distributed at Trek.FM. And Grossman specifically references five separate podcasts, and states:

In the second recording, Mr. Peters states,
in reference to Prelude to Axanar, “what people will see when we premier this at
San Diego Comic-Con on July 26 is not a fan film. They are going to see a fully
professional production that’s going to change the way people view Star Trek.”

The Spec Commercial

Finally, on pages 24 and 25, Grossman states:

82. Mr. Burnett was then presented with a lengthy statement that he wrote
in 2015, which he did not turn over, but which provides: “For me personally, I want
to illustrate to the greater industry I can direct a 100 million dollar space epic for
one percent of that budget, proving my filmmaking worth and hopefully get hired
for similar jobs. It’s my spec commercial, just done on a larger scale.”

Mr. Burnett’s online statement went on to state that: “People ask ‘Why not just go create
your own original material?’ Throughout my career, I’ve done that, but in this day
and age, one must use all avenues to increase awareness of one’s abilities.
AXANAR allows us to use an underserved built in audience to show off those
abilities and garner attention, and will hopefully lead to that work attracting
private and studio equity so we can finance our own original IP.” Attached
hereto as Exhibit RR is Mr. Burnett’s public statement. Exhibit B (Burnett tr. at
31:21-:36:20) (confidential document filed under seal) is a true and correct copy of
relevant excerpts from the deposition testimony of Robert Meyer Burnett.

Grossman Declaration in Support of Plaintiffs Summary Judgment Motion, cover page

Grossman Declaration in Support of 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.

Leave a Reply

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

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.

  • Advertisement