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.

Exhibit 4

Defense Summary Judgment Motion, Oki Declaration, Exhibit 4

So this document is an 11-page opinion piece by Henry Jenkins, the Provost’s Professor of Communication, Journalism, Cinematic Arts and Education at Annenberg. In addition, on page 2 he admits he is being paid $100/hour for his services.

On page 8, he says:

Not unlike a landowner
who allows people to cut across his property for five decades, there is something arbitrary and
punitive about choosing one particular trespasser and throwing the book at them.

Except I’m sorry, Professor Jenkins, but that’s not how copyright law works in the United States. An IP holder can pick and choose who to sue, even for what others might think of as stupid or unfair reasons. There are no obligations to sue everyone and his brother who infringes.

Exhibit 5

Defense Summary Judgment Motion, Oki Declaration, Exhibit 5

First of all, we come to exhibit 5, which contains excerpts from witness Robert Meyer Burnett’s deposition testimony. Hence I remind all: depositions are taken under oath and the penalty for perjury attaches if any party can prove a witness has told an untruth. So on page 5, Burnett admits he was paid earlier in 2016 (that was the last time he was paid by the production).

An Incomplete Script?

In addition, on page 6, Burnett testified:

Q At this point, in November of 2015, was the
script close to complete?

A Well, I would say a script is never
complete. As the old adage is, a movie is written
three times. It’s written on the page; it’s written
when you make the film; and then it’s written
again — rewritten in the edit bay.

No, I didn’t think the script was complete.
But we were still months away from shooting, so it
didn’t have to be.

Exhibit 6

Defense Summary Judgment Motion, Oki Declaration, Exhibit 6

Furthermore, we come to exhibit 6, which contains excerpts from witness Bill Hunt’s deposition testimony. 

Just How Complete Is That Draft?

Especially relevant, Mr. Hunt testified (page 5 of the exhibit):

A So, when you’re working on a film, it’s
important to have a locked draft so that you can begin
making — building sets, begin making costumes and props,
that sort of thing. And, as the script wasn’t ready when
I came on board, it wasn’t ready for that process to
continue.

And because I think at that time we were
expecting to shoot in — I think October. I can’t be
positive, but I think there was a deadline — they were
ambitious in terms of when they wanted to shoot. They
needed a locked draft.

So I essentially wrote a first complete draft in
about three weeks of the script.

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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