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.

Van Citters Declaration

Van Citters Declaration in Support of Plaintiffs Summary Judgment motion

First of all, much of this declaration revolves around John Van Citters’s relationship with CBS and Paramount (he works as the Vice President of Product Development at CBS Consumer Products.).

Because a lot of this declaration concerns side by side comparisons which I have already gone over in detail, I will just direct your attention to the blog post covering the side by side comparisons.

And pages 23 and 24 is most noteworthy, where Van Citters said:

63. I have reviewed documents turned over by Christian Gossett, the
director of Star Trek: Prelude to Axanar and Terry McIntosh, the chief Technical
Officer for Axanar Productions, which show that Mr. Peters attempted to meet with
Netflix and Amazon regarding his work as a producer for Axanar Productions. See
Exhibits LL and MM attached to the declaration of David Grossman.

Based on the
evidence I have reviewed, Mr. Peters was exploring methods by which he could
distribute high-quality Star Trek content, without a license, in order to enable him to
continue to profit from Plaintiffs’ intellectual property. The unrestricted and
widespread conduct of the sort engaged in by the Defendants in this case would
result in a substantially adverse impact on the market for Plaintiffs’ products.

Plaintiffs Already Created Works with these Characters

64. Plaintiffs have already created and licensed derivative works that
include the characters used by Defendants. These works include the published
novel, Garth of Izar, as well as the licensed works The Four Years War and Return
To Axanar which were included as part of Star Trek: The Role Playing Game. For fifty years,
Plaintiffs have continuously used the intellectual property and characters from The Original
Series to create new, authorized derivative works. These works include encyclopedias, television
series, feature films, and novels.

Van Citters Declaration in Support of Plaintiffs Summary Judgment motion, cover page

Van Citters Declaration in Support of Plaintiffs Summary Judgment motion, cover page

And now let’s move onto the exhibits. However, I will not go over every page of the exhibits attached to the plaintiffs summary judgment motion, because there are 54 of them (yes, really, and they are all more than one page long!). Hence we’ll just go with the highlights again.

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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