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By CARLOS PEDRAZA | MARCH 9, 2019 | 10 MIN READ
 
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BREAKING: Lawyers in the Tardigrades lawsuit appeared to resolve their disagreements Friday which had prevented CBS handing over evidence needed by game developer Anas Abdin to press his copyright case against Star Trek: Discovery. The lawyers want the judge to cancel the March 12 status report she wanted. Read the letter (182K PDF)

1. Tardigrades Developer Says Discovery Virtually the Same, Opposes Dismissal

Virtually the same: In opposing defendants' motion to dismiss his copyright case against CBS and Netflix, game developer Anas Abdin says his Tardigrades game and Star Trek: Discovery are substantially "the same production."

Filed in federal court this week, Abdin's pleading (1.3 MB PDF) claims:
  • CBS misconstrues legal conclusions from other cases and and misapplies them here.
  • Uses inapplicable tardigrade examples from other media because only Discovery's tardigrade replicates the concept, look and feel of his game's version of the creature. In his blog post about the pleading, Abdin boldly claims:

“Any person watching the two works will instantly see the similarities and even think they are the same production.”
 —  Tardigrades creator Anas Abdin

  • Templates: The game's characters and tardigrade clearly served as templates for the derivative characters and creature in Discovery.
  • "Excessive splintering" of the Tardigrades game renders its elements unprotectable by Abdin, an argument he claims would leave CBS without copyright protection for its own Star Trek properties.
Axanar connection: Interestingly, lawyers trying to defend Axanar against a copyright lawsuit brought by CBS and Paramount used a similar argument. The judge in that case didn't buy it.

Specific items protected by copyright: Abdin claims the following aspects of Tardigrades constitute the "heart of the work," taken by Discovery's creators and "spun off derivatively":
  • A human-sized tardigrade capable of instantaneous teleportation across space.
  • Floating blue dots representing space, rejecting CBS' claim that the visual expression is a common one in science fiction, pointing to The Expanse as a recent example.
  • The crude representation of a tardigrade in Abdin's game, compared to the realistic depiction in Discovery, doesn't mean the Trek creators didn't copy it.
  • Uniforms and spacesuits in Tardigrades that are similar to those depicted in Discovery.
Alleged manufactured evidence: Abdin refutes CBS' allegation in its motion to dismiss that he "manufactured similarities":
  • Didn't fabricate gay relationships: In an affidavit attached to his pleading, Abdin does concede he erred in his legal complaint because he "inadvertently mixed up" two male characters in a homosexual relationship but it's evident the game depicts a gay relationship that CBS ignores. "Nothing has been fabricated," he says.
  • Glory holes and 'out of touch': Abdin criticized CBS' insensitivity to gay culture because it didn't recognize that a bathroom encounter between two of Abdin's characters in fact demonstrated they had a homosexual relationship like that copied by Discovery.
  • Spliced video clips CBS alleges were edited together to create relationships that doesn't exist were only done to demonstrate the similarity to Abdin's "body of work."
Not giving up on Netflix: Abdin's pleading also isn't willing to let Netflix off the hook for its benefitting from CBS' infringement of Tardigrades.

Awarding attorneys' fees: Abdin's attorneys also don't concede they aren't eligible to be paid from damages assessed by the court should Abdin win his case, even though the same law that disqualifies him from seeking statutory damages also makes his case ineligible to recover attorneys' fees as damages.

Bottom line: Motions to dismiss are based only on points of law not of fact, so this phase of the case is a battle of legal case citations to be considered by the judge in deciding whether the case can proceed. Her decision could come later this month.
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2. AxaMonitor Institutes New Fact-Checking System

Let's try it out!
THE MUDDS Popular but scurrilous Star Trek adversary Harry Mudd serves as the icon for judging the truthfulness of claims by those on whom AxaMonitor reports.

Quicker news: In our effort to report factually and efficiently, AxaMonitor is using icons to communicate our judgment of the truthfulness of statements we report on.
  • Based on the rarely truthful character, Harry Mudd, our assessment uses a sliding scale of one to four Mudds to let readers know just how far off the mark of truth a speaker may be.
  • The Mudds earned by newsmakers will be featured both on AxaMonitor Daily and on articles on the AxaMonitor site.
Pinnochio icon
  • The Mudds are based on a system used by the Washington Post in its fact-checking reporting. The Post uses "Pinnochios" to express its assessment.
  • A full rundown of criteria we'll use for our judgments is provided in this AxaMonitor article.
Let's give it a spin: Here's a statement posted by Axanar producer Alec Peters in the Fan Film Forum Facebook group this week about former Axanar director Robert Meyer Burnett, whom he's suing for upwards of $50,000.

Fact Check
LITIGATING IN PUBLIC This is one of several recent Facebook posts by Alec Peters commenting on the case he's bringing against former Axanar director Robert Meyer Burnett.

"Any moron would take this deal": Alec Peters has in fact made a settlement offer to former Axanar director Robert Meyer Burnett, which he has described as a "sweetheart deal."
  • Loan forgiveness: The proposal appears to forgive more than $31,000 in loans Peter claims to have made to the former Axanar director.
  • Producing 'Origins': Peters also offers to forgive asking back $5,000 Burnett was allegedly paid to produce an Axanar behind-the-scenes featurette called "Origins."
  • 'Stolen' equipment: The settlement offer also says Burnett doesn't have to give back equipment allegedly owned by Axanar Productions.
  • Returning digital assets: Peters says all he wants in return are all Axanar's digital assets (such as film footage) Burnett possesses.
  • Burnett turned down the offer and had his lawyer refuse the settlement and allege potential employment claims Burnett can bring against Peters. Therefore:
  • Peters files suit against Burnett in Georgia state court on February 18.
What's true?  Here's what we know:
  • The settlement language doesn't expressly release Burnett from any of the financial claims Peters makes, according to a Georgia attorney we consulted. He says the offer is "a setup" that would allow Peters to sue Burnett again for the same claims.
  • No evidence of theft: Peters directly says Burnett stole equipment but no evidence of that appears in his legal complaint.
  • Giving up authorship: Peters doesn't simply want hard drives back. The proposal requires Burnett to give up any claim of authorship or copyright for work he created. Peters produces no evidence this work was made for hire.
  • No deal, says Burnett's attorney, and stop defaming and threatening my client.
  • Reversing the order of events: Peters is not telling the truth when he says he filed suit after Burnett turned down the settlement. Burnett's lawyer responded to Peters' suit on March 1 — 12 days after Peters filed suit.
  • Stuck in limbo: Burnett's attorney replied to a copy of Peters' legal complaint available online but Burnett has yet to be served almost three weeks later. The suit goes nowhere until he's served papers.
  • Jurisdiction problem: Peters sidesteps the important issue of how he can sue Burnett in Georgia when his former colleague lives in California.
Muddying the truth: How many Mudds do Peters' claims get? At least some part of what he posted on Facebook is true, but there's a lot he leaves out, obfuscates and doesn't fully explain.

Two Mudds

(about our rating scale)

Send us facts to check using our feedback form.
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Short Takes: Mignogna con appearance sparks boycott. Patreon rebound doesn't improve Ares' long-term prospects.

Vic Mignogna backlash continues: Star Trek Continues star and anime actor Vic Mignogna is one of the targets of a boycott effort for Houston's Anime Matsuri con in June.
  • Sexual harassment allegations have been made against Mignogna and the event's organizer, John Leigh.
  • The Boycott Anime Matsuri movement is trying to convince people from the anime and cosplay communities not to attend the event, citing the kinds of allegations reported in the Houston Press against Leigh.
  • Mignogna has been disinvited from many such conventions but not all. Meanwhile, a vocal movement is supporting him against an alleged witch hunt.
  • A GoFundMe effort to pay for his legal expenses raising $106,177.
  • That conflict has spilled over into such communities as Axanar, where some of producer Alec Peters' supporters have quit because of his vitriolic campaign against Mignogna, his longtime fan film rival.
More from Bounding Into Comics »
LONG TERM Axanar's Ares Studios Patreon growth continues its downward slide. Click image to view graphs full size.

Axanar Patreon update: The campaign has made up ground lost in the wake of Alec Peters' run-in with former Axanar supporter and influential YouTuber MechaRandom42, and a drop-off of patrons at the beginning of the month after they were charged their monthly pledge.

But what's the state of the effort to get fans to pay for the rent and upkeep of Peters' suburban Georgia warehouse?
  • Two weeks erased: The hit the Patreon took erased two weeks of progress.
  • Over the $1,800 hump: This week, the campaign reached $1,849, with 203 donors.
  • Long-term, however, prospects are dimming, as the charts above demonstrate.
  • Down: Average daily growth in donors, which has slid to 4.1 from 9.4 at the beginning of February, a 56 percent drop.
  • Down: Average daily growth in pledges, at $83 a day on February 1, has tumbled to $38, a 54 percent slide.
  • AxaMonitor's donor projection has also decreased. Two weeks ago, we projected more than 275 donors by April 1. That number is now down to about 235, a 15 percent drop.
  • Our projected monthly pledges is also down. Two weeks ago, our April 1 projection stood at $2,500. Today, it's just above $2,250. That monthly difference works out to $3,000 a year. That's a decrease of about 10 percent.
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In Case You Missed It …

Art by Screen Rant
This week's Star Trek: Discovery broke tradition by using footage from a previous Trek series to illuminate the context of its own episode. So says Screen Rant, though I'd argue "Trials and Tribble-ations" counts.

Rising Democratic star loves Star Trek: Stacey Abrams narrowly lost the Georgia governor's race last year but she won the hearts of fellow Democrats, going on to give the party's response to Trump's State of the Union address. Turns out she's a Trekkie. Big time. She admires Picard but thinks Janeway is the best. She also loves Star Trek: Discovery. The New York Times reports.

William Shatner says he loves the increasing diversity in science fiction, pointing to the launch of the upcoming Picard show, to be directed by a woman, Hanelle Culpepper, for the first time in the franchise's half-century history. Also, he's in love with Elon Musk. He dishes with the Daily Mail.

Can the new Twilight Zone's cast be too good? The upcoming reboot of the venerable scifi anthology series by CBS All Access sports an ever-growing cast of well known and talented names. From io9.

Toxic fans sandbag Captain Marvel? The new Marvel movie's star, Brie Larson, pissed off some white guys and they appear to be retaliating by posting negative reviews on Rotten Tomatoes just hours after the film's Thursday night early premiere — 58,000 of them, suspicious because that's more reviews than Avengers: Infinity War received in its entire run, points out the Daily Wire. Meanwhile, Rotten Tomatoes has deleted many of those reviews, observes CosmicBook.news. And Larson may cry all the way to the bank as the film's weekend box office is looking pretty great.

Update now, for Chrissakes! Use Google Chrome as your go-to browser? Update now, says Google, because it's super-vulnerable right now to hack attack. From BGR.com. Presented as a geek public service.
 
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We're on Super Geeks and Discovery Review Show, Mycelial Network News

Join AxaMonitor editor Carlos Pedraza every week on the Super Geeks podcast on Subspace Radio, Mondays  at 7 p.m. PST/10 p.m. EST, and on Mycelial Network News, the Super Geeks Star Trek: Discovery reaction show. 

Miss the shows live? Check YouTube for recorded episodes. Super Geeks and MNN are hosted by George Silsby, and feature Shawn O'Halloran, Sunseahl, Raul 
Padron and guests like Star Trek authors Dayton Ward and Dave Galanter
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