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Lawyer Submits Brief Partially in Klingon for Paramount Language Lawsuit

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Re: Lawyer Submits Brief Partially in Klingon for Paramount Language Lawsuit

#41
post #39
post #36

Earlier quoted context omitted.

Wow. Is that really fan film? I mean... I was just mad that it ended after only 20 mins... I was so hooked I wanted it to keep going. How does a fan film get those actors? I mean, I can imagine that a lot of ST fans have money, but still. Thanks for linking. That was awesome.

They had a kickstarter for the preview film (to prove they could do it) and then another for the full. Also, "fan" might make you think they're amateurs. They're very much not; take a look at the cast and crew list.

Yeah, that why I Was surprised by the term "fan film".

So what exactly does qualify as one? just as long as you don't have the copyright I guess? I mean, at which point is "fan fiction" illegal? is the legality status correlated with the production values and budget?

Re: Lawyer Submits Brief Partially in Klingon for Paramount Language Lawsuit

#42
post #41
post #39

Earlier quoted context omitted.

They had a kickstarter for the preview film (to prove they could do it) and then another for the full. Also, "fan" might make you think they're amateurs. They're very much not; take a look at the cast and crew list.

Yeah, that why I Was surprised by the term "fan film". So what exactly does qualify as one? just as long as you don't have the copyright I guess? I mean, at which point is "fan fiction" illegal? is the legality status correlated with the production values and budget?

A fan fiction would generally be a hobbyist film, created without the expectation of profit or even income, financed out-of-pocket.

Basically, all of the things Axanar is not. It's a quality low-budget production, but it's definitely not a fan film.

Re: Lawyer Submits Brief Partially in Klingon for Paramount Language Lawsuit

#43
post #40

Earlier quoted context omitted.

Mark Randazza the same lawyer who installed malware on peoples' computers and tried to extort money from them for illegally downloading gay porn? https://fightcopyrighttrolls.com/2015/07/09/marc-randazza-mu... http://arstechnica.com/tech-policy/2015/11/how-copyright-law... (ransomware, even - of the 'pay me $4k within 30 days or I'll disable your computer' variety...it doesn't get any more scummy)

I don't see anything in either of those articles about installing malware on people's computers. They do paint a pretty dire picture of his ethics though.

I used to work in the antimalware industry and personally encountered ransomware samples from Randazza Legal Group representing Corbin Fisher.

Re: Lawyer Submits Brief Partially in Klingon for Paramount Language Lawsuit

#44
post #41

Earlier quoted context omitted.

Yeah, that why I Was surprised by the term "fan film". So what exactly does qualify as one? just as long as you don't have the copyright I guess? I mean, at which point is "fan fiction" illegal? is the legality status correlated with the production values and budget?

A fan fiction would generally be a hobbyist film, created without the expectation of profit or even income, financed out-of-pocket. Basically, all of the things Axanar is not. It's a quality low-budget production, but it's definitely not a fan film.

I dunno. The driving force behind it is Alec Peters, who is basically doing it because he's a huge Star Trek fan. So I think the "fan film" label is not entirely unfair, although in this case it needs the disclaimer I gave it regarding quality.

Re: Lawyer Submits Brief Partially in Klingon for Paramount Language Lawsuit

#45
post #31

Earlier quoted context omitted.

Mark Randazza the same lawyer who installed malware on peoples' computers and tried to extort money from them for illegally downloading gay porn? https://fightcopyrighttrolls.com/2015/07/09/marc-randazza-mu... http://arstechnica.com/tech-policy/2015/11/how-copyright-law... (ransomware, even - of the 'pay me $4k within 30 days or I'll disable your computer' variety...it doesn't get any more scummy)

Sorry, but I don't know anything about that either way, so I can't comment.

Would you use him again - even on a pro bono basis - given this info?

I'm nosey and genuinely curious by the way, this is in no way internet snark.

Re: Lawyer Submits Brief Partially in Klingon for Paramount Language Lawsuit

#46
post #26

Earlier quoted context omitted.

IANAL, so I'm hoping I'm understanding this right: because Okrand wrote the dictionary, and in it claimed that he learned it from an actual Klingon, he may not now say he invented it? The argument kinda being, if the language is real, and he wrote a non-fiction authoratative book on it... then he can't be inconsistent about the origins? It's hard for me to wrap my head around it, but it's hilariously clever if I'm re…

That's the gist. This is the lawyer having (even more) fun with the lawsuit, because why the hell wouldn't you have fun in a job like this? I'm pretty sure that he and the judge both know that Okrand's claim was a fiction/joke and that this isn't a serious legal notion to be ruled upon.

I have a feeling there is double irony, because the attorney appears to have been one of the attorneys who fought Prenda Law.

Prenda got smacked down pretty hard by a judge who decided to litter his judgement with Star Trek quotes.[1]

1. http://abovethelaw.com/2013/05/prenda-boldly-benchslapped-wh...

Re: Lawyer Submits Brief Partially in Klingon for Paramount Language Lawsuit

#47

Earlier quoted context omitted.

A fan fiction would generally be a hobbyist film, created without the expectation of profit or even income, financed out-of-pocket. Basically, all of the things Axanar is not. It's a quality low-budget production, but it's definitely not a fan film.

I dunno. The driving force behind it is Alec Peters, who is basically doing it because he's a huge Star Trek fan. So I think the "fan film" label is not entirely unfair, although in this case it needs the disclaimer I gave it regarding quality.

It doesn't matter that he's a "huge" fan. It matters that he collected outside money to make it, and was planning on making money from sales of the video and licensed products.

Re: Lawyer Submits Brief Partially in Klingon for Paramount Language Lawsuit

#48
post #11

See also LCS press release:  http://conlang.org/axanar/ Disclosure: I founded the LCS, directed our participation as amicus in this case, and am press contact for this issue. Marc Randazza wrote the awesome amicus brief (linked in OP) pro bono.

Mark Randazza the same lawyer who installed malware on peoples' computers and tried to extort money from them for illegally downloading gay porn? https://fightcopyrighttrolls.com/2015/07/09/marc-randazza-mu... http://arstechnica.com/tech-policy/2015/11/how-copyright-law... (ransomware, even - of the 'pay me $4k within 30 days or I'll disable your computer' variety...it doesn't get any more scummy)

For what it's worth, Marc has been my lawyer for several years now, and I have never found him less than fully honest.

In fact, I have found him to have nothing but contempt for copyright and patent trolls. Righthaven, in fact, was taken down in no small part due to his work.

http://vegasinc.com/business/legal/2012/mar/14/r-j-copyright...

Re: Lawyer Submits Brief Partially in Klingon for Paramount Language Lawsuit

#49
post #41
post #39

Earlier quoted context omitted.

They had a kickstarter for the preview film (to prove they could do it) and then another for the full. Also, "fan" might make you think they're amateurs. They're very much not; take a look at the cast and crew list.

Yeah, that why I Was surprised by the term "fan film". So what exactly does qualify as one? just as long as you don't have the copyright I guess? I mean, at which point is "fan fiction" illegal? is the legality status correlated with the production values and budget?

The general line between fan fiction (or any type of fan work) and a professional one is whether the production is trying to make money.

That's why fan films and series are likely to be shut down if they try and market them via Kickstarter or Patreon or a similar service or distribute them on a service where money is involved (like Steam, or as a published work on Amazon).

If they're trying to make money from this Star Trek film and don't have permission from the franchise owners, then it's not particularly surprising that they're being sued. It's a similar situation to a certain Zelda movie that got shut down when it tried to sell tickets to cinema screenings.

Re: Lawyer Submits Brief Partially in Klingon for Paramount Language Lawsuit

#50

Earlier quoted context omitted.

I dunno. The driving force behind it is Alec Peters, who is basically doing it because he's a huge Star Trek fan. So I think the "fan film" label is not entirely unfair, although in this case it needs the disclaimer I gave it regarding quality.

It doesn't matter that he's a "huge" fan. It matters that he collected outside money to make it, and was planning on making money from sales of the video and licensed products.

Selling the finished film would probably give CBS a stronger basis for suing, but I haven't seen anything to even suggest that Peters or Axanar Productions plan to do so. I'd be interested to know of any evidence to the contrary.
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