{"id":4180,"date":"2017-01-06T11:58:45","date_gmt":"2017-01-06T16:58:45","guid":{"rendered":"http:\/\/www.monsffa.ca\/?p=4180"},"modified":"2017-01-06T12:00:15","modified_gmt":"2017-01-06T17:00:15","slug":"judge-denies-axanar-its-fair-use-defense","status":"publish","type":"post","link":"https:\/\/www.monsffa.ca\/?p=4180","title":{"rendered":"Judge Denies Axanar Its Fair Use Defense"},"content":{"rendered":"
\n

From the Axamonitor website, w<\/a>ith thanks to File 770 for pointing me to the latest developments.<\/em><\/p>\n

While a Federal judge denied summary judgment January 4, 2017, to both sides in the Axanar copyright infringement lawsuit, he dealt a major blow to the defendants\u2019 hope to use fair use<\/a> as a defense in the case.<\/p>\n<\/div>\n

You can practice less strenuous exercises like weight lifting, yoga, walking and jogging and stay slim. viagra cheap<\/a> It can bring fear and uncertainty levitra properien<\/a> into our lives. Men experiencing ED will normally be coordinated to take Kamagra Oral Jelly or kamagra cialis professional cute-n-tiny.com<\/a> pills during the weekends to have a rocking one to boost of. Humans suffer from number of disease in in urinary system of man order cheap levitra<\/a> and woman both. <\/span><\/p>\n

Going to Trial<\/h2>\n
\n

The 15-page decision moved the case forward to its scheduled January 31 trial date, striking out a central part of the defendants\u2019 case. While Klausner found Axanar was indeed substantially similar to Star Trek using an extrinsic test, despite the defense\u2019s protestations to the contrary, he left to the jury the intrinsic, or subjective, decision over whether the \u201ctotal concept and feel of [Axanar and Star Trek works were] substantially similar.\u201d1)<\/a><\/sup><\/p>\n<\/div>\n

‘Objectively Infringing’<\/h2>\n
\n

The extrinsic test Klausner used examines \u201cspecific expressive elements: the plot, themes, dialogue, mood, setting, pace, characters, and sequence of events in the two works to determine if articulable similarities exist.\u201c2)<\/a><\/sup><\/p>\n

\n

\u00ab Defendants intentionally use elements from the Star Trek Copyrighted Works to create works that stay true to Star Trek canon down to excruciating details. Defendants even touted that \u2018Axanar feels like Star Trek.\u2019 \u00bb<\/span><\/em><\/strong><\/em> \u2014 Judge R. Gary Klausner<\/em><\/p>\n<\/div>\n

Here, Klausner wrote, the \u201cDefendants [producer Alec Peters<\/a> and Axanar Productions<\/a>] intentionally use elements from the Star Trek Copyrighted Works to create works that stay true to Star Trek canon down to excruciating details. Defendants even touted that \u2018Axanar feels like Star Trek.’\u201d3)<\/a><\/sup><\/p>\n<\/div>\n

Read the rest of the article:<\/p>\n

http:\/\/axamonitor.com\/doku.php?id=fair_use_denied<\/a><\/p>\n

\n