If and when a jury finally sits down to decide a copyright infringement suit case against a so-called “independent” Star Trek fan-film – they’ll have a very simple job.
Are Star Trek: Axanar and other related shorts substantially similar to Star Trek itself? If the answer is yes, then CBS Studios and Paramount Pictures will score a complete victory after a federal judge rejected nearly all the defense offered by Axanar Productions and its principal Alec Peters.
R. Gary Klausner issued his order Tuesday, but was finally made public Wednesday, popping in Star Trek Easter eggs like famous Vulcan sayings, and even names of Star Trek episodes like “A Private Little War” and “The Way to Eden.”
Essentially, Klausner denied both sides their motions for summary judgment, meaning that unless there’s a settlement in the next few weeks, the Axanar case goes in front of a jury at the end of the month. However, in doing so, the judge gutted just about anything Axanar’s attorneys could use to defend the fan-film, leaving just the substantial similarity decision to the jury.