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CONLANG  January 2017, Week 2

CONLANG January 2017, Week 2

Subject:

Re: Axanar / Klingon language case update

From:

Sai <[log in to unmask]>

Reply-To:

Constructed Languages List <[log in to unmask]>

Date:

Wed, 11 Jan 2017 06:13:50 -0700

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (84 lines)

… er http://conlang.org/axanar/#updates.

https coming soon.

On Wed, Jan 11, 2017 at 6:13 AM, Sai <[log in to unmask]> wrote:
> Hello all.
>
> I've not been posting updates as the trial goes on, but this seems
> like the time to do so.
>
> Full statement (with opening paragraph in Klingon, for reasons
> explained therein):
>
> <https://conlang.org/axanar/#updates>
>
>
> Summary:
>
> Paramount claimed to own a copyright to the Klingon language itself
> and anything anyone might ever say in it. (We say they don't because
> nobody can own a language.)
>
> We filed a hilarious amicus that gained international attention.
>
> Paramount backed down.
>
> The court has ruled on motion to dismiss and summary judgment, both
> times avoiding having to reach the Klingon language issue, but
> expressing skepticism that it can be copyrighted.
>
> Very recently, Paramount backed down further, and the court ruled that
> no evidence about Klingon can be introduced to the jury. (See Axanar's
> motion in limine [MIL] #4, and Paramount's opposition, both at link
> above.)
>
> While we didn't get a definitive ruling on the copyrightability of
> Klingon, that was unlikely. What we did successfully do was defense:
> we prevented negative precedent that could have happened had we not
> participated.
>
> As of their last filing, Paramount was down to only wanting to claim
> that using Klingon was a point of similarity in Axanar, and now
> they're not allowed to even do that because of the MIL being granted.
>
> Paramount does still claim to own Klingon, but they're no longer
> actually asserting that claim, at least in this case, because it's not
> necessary to the case (which is mainly about "substantial similarity",
> i.e. the overall Trek look & feel).
>
> We'll continue to monitor the case but don't expect any further
> activity of concern to us, at least at the trial level. Appeals (by
> the parties, not us) might bring it up again; TBD.
>
> As far as we're concerned, for now at least, we won what we wanted.
>
>
> Outside of the in-court defensive effect, it's had a pretty large
> impact on US IP lawyers. Apparently our brief is starting to be used
> in IP law classes; it's been read very widely; virtually all lawyers
> (other than Paramount's) who've read it and posted about it have
> agreed with our position.
>
> That means it's probably even more unlikely anyone will bring this to
> court again. Hopefully they'll know about our brief, be convinced that
> it's a frivolous claim to make that will draw strong opposition and a
> lot of press, and therefore won't even try.
>
> But… if there ever is another case that implicates conlang legal
> issues, please do let us know. ;-)
>
> Meantime, please read the statement @ link above, and if you haven't,
> do read the amicus brief (also @ link).
>
> It is seriously hilarious. The humor and use of Klingon are both
> intentional, for the reasons explained in the statement.
>
>
> If you have any questions, feel free to ask. I am the official LCS
> contact / spokesperson on this matter, but <[log in to unmask]> goes to
> both me & the core LCS officers, and is more long-term.
>
> Fiat lingua,
> Sai

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