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By CARLOS PEDRAZA | OCTOBER 17, 2020 | 15 MIN. READ
 
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1. CBS Settlement Revealed as Jenkins Adds Fraud to Peters Suit
Also:
2. Disclosure seems to confirm fundraising, merchandising violations by Peters
3. ‘Troll Hunters’ transcripts reveal dark plots by Peters and online henchmen

4. Ex-directors' proposed documentary tops $11,000 in first day to expose Peters

1. Fraud Added to Jenkins' Counterclaim with Revelation of CBS Settlement

Image/Casey Marshall
Fraud. In a Georgia state court filing Friday, ex-Axanar director Paul Jenkins added fraud to his list of counterclaims against Alec Peters, based on Peters' repeated breaches of the 2017 copyright infringement settlement between him and CBS/Paramount.
  • Peters' violations. In the amended counterclaim, Jenkins writes, "Alec Peters has intentionally violated a number of terms in the settlement agreement with CBS" (listed below).
  • Confidential no more. Jenkins asserts that the settlement, whose terms have never previously been disclosed, proves that Peters defrauded him by inducing him to participate in a project in clear breach of a legal settlement.
  • 'Fraudulently induced.' The counterclaim recounts that Peters "made a number of verbal and other misrepresentations to Paul Jenkins and others regarding the CBS settlement," with respect to activities Peters is permitted to or prohibited from doing.
    • Missed opportunities. Jenkins asserts that Peters' misrepresentations induced him to pass up on other, paying projects in favor of his unpaid role with Axanar. Jenkins is seeking unspecified damages.
Go Deeper »
Download the legal documents in Peters v. Jenkins.
You can read these lawsuit filings:
  • Jenkins Amended Answer and Counterclaims  6.3 MB PDF
  • Peters v. Jenkins Amended Legal Complaint  582K PDF
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2. Disclosure of CBS Settlement Reveals Ongoing Fundraising, Merchandising Violations by Alec Peters

AXA-MERCHANDISE has been an important element of Alec Peters' fundraising despite being prohibited by the CBS settlement. Image/Jenkins counterclaim

Retribution. Ex-Axanar director Paul Jenkins' latest legal filing blows the lid off the secret CBS settlement behind which producer Alec Peters has "intentionally" engaged in what appear to be multiple prohibited activities:
  • Use of 'Star Trek' marks. The CBS settlement, in Section 5.3, prohibits Peters from using "'Star Trek' or any confusingly similar mark" in "any promotions, marketing, banners, postcards, blog, panels or festivals involving 'Axanar' in any medium.
    • Fonts, logos, designs. The settlement also prohibits Peters from using any "confusingly similar Star Trek font, lettering, logos or designs … with any title, subtitle or promotional material.
VIOLATION Alec Peters' use of the "Axanar star logo" in instances like his money-making YouTube livestreams violates his settlement with CBS. Image/Ares Studios YouTube channel
  • Restricted Axanar logo use. The settlement allows Peters to use the "Axanar star logo" itself in just two ways.
    1. In the short film, Prelude to Axanar.
    2. In just the two Axanar short films permitted by the settlement.
    • Nowhere else. The settlement requires Peters to "cease all [other] use of this logo."
  • Merchandise. Jenkins cites Section 5.9 of the CBS settlement's prohibition of any merchandising by Peters.
“Defendants may not themselves, or authorize, induce or license others (directly or indirectly) to create, manufacture or distribute any merchandise that is tied to Star Trek, or based on, related to, confusingly similar or derivative of Star Trek … to exploit or raise money for Prelude to Axanar, the permitted Axanar [short films] or [Peters' proposed Axanar] Documentary.”
    • ‘Axanar swag.’ Peters runs the Ares Studios Store, which include products labeled "Axanar Swag."
    • Separate company. Peters has claimed the store, run by what he describes as a separate legal entity, is not bound by the settlement with Axanar Productions. Trouble is, the settlement also applies to Peters as an individual; he is the CEO of both Axanar Productions and Ares Studios.
    • Paying himself. As we reported October 13, Peters admitted diverting revenue from merchandise sales to himself. Though he has since deleted that YouTube video, AxaMonitor obtained a copy.
  • Paying cast and crew. The counterclaim also states that Peters violates Section 5.6 of the settlement, which stipulates, "Neither [now-former director] Robert Meyer Burnett, nor Peters, or anyone else on the production team of the [Axanar short films] will be compensated for any services in connection with the making of the [films]."
    • Peters admits in his suit against Jenkins that "Axanar incurs hard costs in the range of tens of thousands of dollars for paid cast and crew, costumes, equipment, supplies, utilities, etc." [Amended legal complaint ¶11]
    • Burnett 'loans.' That passage may explain why Peters now characterizes payments he previously made to Burnett as "loans" rather than compensation.
PROHIBITED FUNDRAISING Flouting Axanar's CBS settlement, Peters engages in public fundraising to pay for Axanar Lite, the two permitted shorts. Image/Ares Digital
  • Public fundraising. One of the things we've always known is that Peters is prohibited by the settlement from public fundraising. With the confidential agreement's disclosure we now know the extent to which he has flouted the settlement.
    • Section 5.16 of the CBS agreement states Peters "will not publicly fundraise for the [Axanar shorts], nor accept any publicly raised funds from others through crowdfunding websites … or any other public websites [including] axanarproductions.com or other third-party websites, or any social media accounts, including … posting on Facebook pages [public or private]."
    • Ares Digital, Peters' custom fundraising platform (pictured above), satisfies the settlement's definition of "defendants' websites." The agreement also prohibits "all statements, requests, postings, solicitations or requests to donate … from all public websites," including Peters' own. [Amended Answer and Counterclaim ¶91]
  • Prohibited actors. We've also previously reported the settlement limited Peters' use of actors who have ever previously worked on Star Trek to those who appeared in Prelude. Jenkins' counterclaim includes an instance in which Peters violated that prohibition:
JAMES LEW has worked on Star Trek professionally, rendering him ineligible for Peters to employ on Axanar Lite. Image/Jenkins Amended Answer and Counterclaim
  • Disparaging CBS. The counterclaim alleges Peters has also violated the settlement's prohibition against him disparaging CBS (Section 3), such as "publicly stating … he is making 'real' Star Trek, that CBS is hurting fans by preventing him from making Axanar as a full-length film and that CBS does not support its fans." [Amended Answer and Counterclaim ¶98]
Download the full settlement in the CBS/Paramount lawsuit against Alec Peters and Axanar Productions (2017):
  • Confidential Settlement and Release Agreement  87K PDF
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3. ‘Troll Hunters’ Transcripts Reveal Dark Plots by Peters and His Online Henchmen

TROLL HUNTING A private message group in Facebook called Axanar Troll Hunters is an ongoing forum for Alec Peters and his fiercest supporters to discuss taking down those who oppose them. Image/Jenkins Answer and Counterclaim
Taking aim at opponents. A trove of transcripts from a private group message forum on Facebook reveal ongoing discussions and planning to embarrass and silence Alec Peters' enemies.
  • Revelations. Some of those transcripts appear as exhibits in ex-Axanar director Paul Jenkins' answer to Alec Peters' defamation lawsuit against him.
    • Targeting Sandy Greenberg. Greenberg is a former Axanar financial supporter who is now a vocal and longtime critic of Peters' activities. Peters led a spirited discussion in which the Troll Hunters discussed various ways to attack Greenberg, especially trying to get him fired by his employer in the United Kingdom.
    • Involving Intrepid producer. The Troll Hunters also discuss enlisting the help of Nick Cook, producer of the Starship Intrepid series of fan films, in finding a U.K. attorney to help attack Greenberg, even though Cook has often condemned Peters' online activities.
    • Troll Hunters' targets. AxaMonitor has also obtained months' worth of Troll Hunters transcripts in which they plan attacks and counterattacks against many Axanar critics, including AxaMonitor Facebook group admin Shawn O'Halloran, journalist Michael Hinman and AxaMonitor editor Carlos Pedraza.
    • Troll Hunters roster. Among those who appear in the transcripts submitted as evidence by Jenkins, in addition to ringleader Peters, are some of his fiercest supporters, including Jeff Craig, Fan Film Factor blogger Jonathan Lane, Colin Krapp, Jon Tessler, and Reece Watkins.
    • Additional members. In other transcripts obtained by AxaMonitor, other Troll Hunters include blogger Dave "Hubcap" Heagney Jr., Barney L Cornett and Axanar graphic designer Alexander Richardson.
  • Jenkins' admonitions. Jenkins was invited to the private message forum to address his concerns with the Troll Hunters' activities by Peters' former livestream producer, John "Stoggy" Strekis.
  • Moderating influences shut down. The transcripts show that Lane's repeated efforts get his fellow Troll Hunters to moderate their activities were attacked by Peters, as shown in this exchange:
Lane: Did Sandy [Greenberg] steal your social security number? This looks like the exact opposite of what Paul [Jenkins] said not to do.

Peters: Too bad. Fuck this guy. He is going down.

Lane: How is he going down?

Peters: Dude, back off. Really, I'm so sick of you being Mr. Negative. If you don't like what I'm doing, just keep quiet. I am sick of this asshole attacking me for 5 years. Since nothing all you experts like [former PR director] Mike Bawden has done to shut people up, and only when I have been aggressive, like with [Axanar set builder] Dean [Newbury] and [journalist Michael] Hinman, have they shut up. Maybe I know something you don't.
  • No ‘pussy-footing.’ When Lane encourages Peters to get some rest before carrying out his plans against Greenberg, Peters lashes out at Lane's wife, a California attorney, and at Lane's speaking "truth to power":
“This pussy-footing, be nice approach your wife takes hasn't done shit to shut them up. … These assholes will only shut up when it costs them not to.”
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4. Ex-Axanar Directors' Proposed Documentary Tops $11,000 in First Day from Supporters

Axanar's three former directors have raised more than $10,000 in just one day to produce a documentary exposing Alec Peters.
Crowdsourcing progress. Since AxaMonitor's report yesterday that the three directors Alec Peters has driven away over the years have banded together to produce a documentary, they've raised more than $11,000.

Contributions. The trio is raising money for a documentary, Lords of their Realm, which focuses on "toxic über-fan Alec Peters," at the website, battleforaxanar.com.
  • At press time, donations totaled $11,170.
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Coming Tomorrow

Sunday's AxaMonitor Daily focuses on the detailed evidence Paul Jenkins has added to his counterclaims against Alec Peters defamation lawsuit. If you're not already subscribed to AxaMonitor Daily, you can sign up here.

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