Axanar Defense Declarations/Leave to File Doc under Seal

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 Declarations and Leave to File Document under Seal

The defense declarations and the leave to file document under seal exist in the court system as separate documents. However, I combined them here, for clarity and brevity’s sake. Because we have all read way too much about this stuff already!

Axanar Defense Declarations and Leave to File Document under Seal

Bill Hunt Declaration

Axanar Defense Declarations and Leave to File Document under Seal, Bill Hunt Declaration

First of all, this document is heavily redacted. Hence, there’s nearly nothing to see here.

Erin Ranahan Declaration

Axanar Defense Declarations and Leave to File Document under Seal, Erin Ranahan Declaration

In addition, this declaration exists mainly to cover the attached exhibits.

Ranahan Exhibits

First of all, the following exhibits are filed under seal and unavailable: exhibit C and exhibit F.

Exhibit A

Axanar Defense Declarations and Leave to File Document under Seal, Ranahan Exhibit A

In addition, this document consists of plaintiff CBS’s response to defense’s first request for production.

Exhibit B

Axanar Defense Declarations and Leave to File Document under Seal, Ranahan Exhibit B

Furthermore, this document consists of plaintiff Paramount’s response to defense’s first request for production.

Exhibit D

Axanar Defense Declarations and Leave to File Document under Seal, Ranahan Exhibit D

In addition, this exhibit consists of a few pages of witness Robert Meyer Burnett’s deposition testimony. It covers the cameo appearance of the starship Enterprise in Prelude (and as scripted for the as-yet unmade full-length feature film).

Exhibit E

Axanar Defense Declarations and Leave to File Document under Seal, Ranahan Exhibit E

Furthermore, this exhibit consists of pages from witness Christian Gossett’s deposition testimony. And on page 7:

Q. Okay. Do you think Prelude to Axanar
benefited CBS or Paramount in any way?

A. No.

Q. And why not?

A. Because of simple mathematics. The elements
of scale regarding a global branded piece of
entertainment compared to that of a fan film are
incomparable. One is irrelevant compared to that.

Exhibit G

Axanar Defense Declarations and Leave to File Document under Seal, Ranahan Exhibit G

Because this email exchange between lead counsel for both defense and plaintiff concerns motion practice, I’ll submit it without comment. However, you might want to download it. Because, reasons.

Exhibit H

Axanar Defense Declarations and Leave to File Document under Seal, Ranahan Exhibit H

Finally, although the relevance is specious at best and the source has major issues, we have the Wikipedia definition of the term ‘mockumentary’.

Yes, really.

I can’t even.

Alec Peters Declaration

First of all, on page 2, Peters states:

My legal training and subsequent research into copyright issues furthered
my understanding that using more obscure characters (as opposed to central Star Trek
characters) and infusing originality (as opposed to replicating prior works), including
through style and incorporating alternate sources, would weigh against infringement,
and/or in favor of fair use.

In addition, after stating no profit was intended, on page 6, he adds:

Beginning in 2015, I had concerns and personal disagreements with both
Christian Gossett and Terry McIntosh that caused them to disassociate with Axanar
Productions and Axanar. Both Mr. Gossett and Mr. McIntosh strongly dislike me and
would like to bring me and Axanar down, which has been demonstrated extensively
through social media and other interviews.

Peters Exhibits

First of all, the following exhibits are under seal: 1, 2, 8, 12, 15, and 16.

Exhibit 3

Axanar Defense Declarations and Leave to File Document under Seal, Peters Exhibit 3

First of all, this exhibit consists of an email exchange between Peters and Liz Kalodner

Exhibit 4

Axanar Defense Declarations and Leave to File Document under Seal, Peters Exhibit 4

In addition, this exhibit consists of a Facebook post about a proposal for a fan film convention.

Exhibit 5

Axanar Defense Declarations and Leave to File Document under Seal, Peters Exhibit 5

While this exhibit includes Exhibit 4, it also has a comment from Marian Cordry where she writes:

And the Fan Film bandwagon just keeps rolling on … .. .

Exhibit 6

Axanar Defense Declarations and Leave to File Document under Seal, Peters Exhibit 6

Furthermore, this exhibit consists of a press release written by Mike Bawden regarding defendant Peters working with James Cawley on a Garth of Izar vignette.

Exhibit 7

Axanar Defense Declarations and Leave to File Document under Seal, Peters Exhibit 7

In addition, this exhibit consists of a Facebook post by an unknown person on the Axanar FB group, regarding copyright. And the response from Axanar is dated August 12 (probably of 2015, but that cannot be confirmed from the provided documentation).

Exhibit 9

Axanar Defense Declarations and Leave to File Document under Seal, Peters Exhibit 9

So then this exhibit consists of Facebook (?) posts regarding a planned book. Furthermore, Peters refers to his and Ms. Kingsbury’s convention involvement as being at a particular level because they are (as he states) ‘professionals’.

Exhibit 10

Axanar Defense Declarations and Leave to File Document under Seal, Peters Exhibit 10

In addition, this exhibit consists of a blog post from the Axanar site regarding their relationship with the plaintiffs.

Exhibit 11

Axanar Defense Declarations and Leave to File Document under Seal, Peters Exhibit 11

Furthermore, this exhibit consists of auction information, including a statement that 10% of the proceeds were earmarked for Axanar.

Exhibit 13

Axanar Defense Declarations and Leave to File Document under Seal, Peters Exhibit 13

In addition, this exhibit consists of a Facebook post by Axanar (but specifically posted by Jonathan Lane) alleging New Voyages was the first professional fan film.

Exhibit 14

Axanar Defense Declarations and Leave to File Document under Seal, Peters Exhibit 14

Finally, this exhibit consists of a Facebook exchange where fans complain about plaintiffs’ action.

And, inadvertently, seem to indicate they might be less inclined to purchase plaintiffs’ products.

Which would kind of help prove the plaintiffs’ damages, yes?

Leave to File Document Under Seal

Because this document is essentially technical in nature, I won’t post it. However, if you want a copy, feel free to send me a note via the Contact page, thanks. Furthermore, most of the exhibits are under seal; hence I’ll just comment on what I can.

Objections to John Van Citters’s Statement

Axanar Defense Declarations and Leave to File Document under Seal, Objections to JVC

Essentially, this exhibit consists of objections to John Van Citters as a potential expert for plaintiffs.

Response to Plaintiffs’ Statement of Facts

Axanar Defense Declarations and Leave to File Document under Seal, Response to Plaintiffs’ Statement of Facts

Because this document is really similar to the Defense Response to Plaintiffs’ Statement of Uncontrovertible Facts, I won’t repeat myself here.

What’s Next?

Finally, for November 29, 2016, defense filed an objection to plaintiffs’ motion for partial summary judgment. Hence that comes up next. Because I want to keep these blog posts short. So please stay tuned!

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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