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.

Remainder of the Motion

Because a lot of these arguments have been hashed out already (and I have a lot of documents to go through), I’ll let the remainder pass without comment, except that defense claims there are 50 original characters in the script for the film that never was (out of 57 characters). However, that list includes T’Lera. Except T’Lera comes from the TOS authorized novel, Strangers from the Sky. And so I would love to see a list of all 50 characters. Because maybe they have non-original origins, too.

Axanar Defense Summary Judgment Motion, cover page

Axanar Defense Summary Judgment Motion, cover page

Statement of Facts

Defense Summary Judgment Motion, Statement of Facts

Because one of the standards for summary judgment is to show no material facts are in dispute (immaterial facts are fine, such as the renewal date on defendant Peters’s driver’s license, in case that mattered at all. Spoiler alert: it doesn’t), defense presents a list of facts. And this list is partially redacted.

So the one I found most interesting was #4:

Of the 51 allegedly infringed works, to date,
Plaintiffs have not produced a single copy of
any of these episodes or films, though
discovery is now closed.

And this is a big, huge problem (although you can buy this stuff on Amazon), yet defendant Peters and witness Robert Meyer Burnett not providing emails, which were the subject of subpoenas, is no big whoop? So if you can tell me why, then please do so. Because I have no idea.

Oki Declaration

Defense Summary Judgment Motion, Oki Declaration

While the Kelly Oki declaration isn’t that exciting (it’s really more of a vehicle for adding a number of exhibits), the attached exhibits are far more interesting.

First of all, exhibits 9 – 12 are under seal. Hence I don’t have them and will not be able to get them, sorry. However, we do know that they are excerpts from the depositions of:

  • John Van Citters
  • Daniel O’Rourke
  • Justin Yipin Lin
  • and J.J. Abrams

Furthermore, I don’t believe these will become available later although some of Van Citters’s deposition is a part of the 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.

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3 Comments:

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

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

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

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