I...really don't get why Paramount is settling this, except for perhaps PR reasons right around when a new Trek film and series are being released. Even so, I don't get why they'd back off of this. It really does seem like it'll just encourage other people to try the same thing.
Here’s my thinking on it. However well-intentioned, JJ kind of put the studio’s back up against the wall in a big way with his public statement. I don’t think he intended to but he did. And the studio’s mobility is now very limited- - and there’s no way they are going to come out and say he misspoke or was wrong because the last thing they want to do is alienate JJ, especially after the blockbuster year he had.
To wit; JJ
never said CBS/Paramount was “dropping the suit”. He just said it would “go away”” And he never said Axanar specifically would be allowed to be made; he just stated that generally fans would be allowed to make movies. His quote, to be precise, was
it will be announced that this is going away and the fans will be able to do their productions.”
However, the Axafans and even the general media started putting words in his mouth and proclaimed that JJ said that the lawsuit will be “dropped” and “Axanar will be made”.
Most of us know there is a huge difference between “dropping” a suit and “settling” a suit. “Dropping” means the plaintiff basically says “whoops - I’ll withdraw my complaint and let’s pretend I never filed it.” “Settled” means the parties negotiate some agreement on terms to resolve their grievances and hopefully avoid the expense of trial and the risk of liability that comes with it.
CBS’ own statement says only “We are pleased to confirm we are in settlement discussions”. They do not say they are dropping the suit, and the fact that they are still using the word “settle” means that CBS is still viewing their case as strong enough that they expect to exact some concessions from Axanar in exchange for eventually dismissing the complaint. We don’t know what those concessions will be – but this leaves open the possibility that Axanar will not agree to them, and there will be no settlement. (For example, CBS could say – and it would be consistent with JJ’s statement – that, while fans
generally get to keep creating fan-films,
Axanar doesn’t because they went too far into the “bootleg cottage industry.” Or they could say Axanar can be made, but it now needs to be a 20-minute film, and no feature-length fan films will be permitted.)
And you know what – the fact that CBS is in “settlement talks” with Axanar is nothing new or unusual – because both parties were
ordered by the court (as are all litigants are in federal court) in May to engage in settlement discussions as part of the trial schedule. Even if JJ or Justin Lin had never said “boo”, the parties would
still be in court-ordered settlement discussions today.
And that’s where JJ unwittingly screwed the studios. Though everything he says is “loosey-goosey layman talk”, it’s still absolutely consistent with CBS redoubling its efforts to force Axanar to settle rather than go to trial. But because it could
also be construed as “me and Justin got CBS to agree to drop the suit”, CBS’ hands are really tied now and JJ unwittingly handed a lot of leverage to Axanar. If CBS makes a demand Axanar doesn’t like, Axanar just says “nope – let’s go to trial”. And if CBS goes to trial,10,000 Axanar donors and countless otherwise-reputable website who mis-reported that the suit was being dropped will squeal that “CBS lied” or “CBS betrayed JJ.”
Even Axanar’s lawyers are playing on this. Axanar filed its Answer today, and they (disingenuously) specifically cite JJ’s statement that “the lawsuit will be going away” as some sort of evidence that the lawsuit was supposed to have been dropped already.
Nevertheless, despite these public comments, the present action remains pending, and Defendants are currently left with uncertainty as to how Axanar may proceed with its film to fulfill the wishes of thousands of fans who have contributed.
Which just means that, if CBS continues to press what is an overwhelmingly good case in their favor, they are going to be put between a real rock and hard place – press for their rights (and make one of their most valued assets, JJ Abrams, look like an ill-informed fool) or give in to avoid damaging their relationship with one of the most profitable directors of the past few years?