Source: becker&mayer
When Marc Randazza, a highly respected first amendment lawyer and one of my lawyers in the lawsuit by Enigma Software, told me about a case he had worked on I knew I had to write about it. Even though I am about month late, the creativity and downright ingenuity of Marc's firm's work needs to be shared.
It all started when CBS and Paramount sued the producers of the fan-funded Star Trek film Axanar for copyright infringement. This complaint, also claimed that they owned the copyright to the fictional languages created in the series. The Language Creation Society, Marc Randazza, and Alex Shepard strongly disagree that any language, even constructed ones like Klingon, should be allowed to be copyrighted and filed an amicus brief to support this.
This brief argues:
Klingon gave Star Trek characters convincing dialogue. But, it broke its chains and took on a life of its own – a life that the Copyright Act has no power to control. Klingon, like any other spoken language, provides tools and a system for expressing ideas. No one has a monopoly over these things, effectively prohibiting anyone from communicating in a language without the creator’s permission.
- Amicus Brief
Ultimately, the court decided to not allow the brief to be used and dismissed it without prejudice. This means that the court stated that though it cannot be used as part of Axanar's motion to dismiss, it could possibly be used in the future.
While the filed brief is a serious legal document, what I found remarkable was the way Klingon was used within it. To show that Klingon is a living and usable language, the brief uses Klingon phrases, words, and their translations throughout the document.
For example, when the brief argues that allowing Paramount to claim copyright would kill a living language, the brief uses the Klingon phrase "pity the warrior that kills all his enemies" to illustrate this point.
By far the most entertaining bit was when they associate the looming threat of legal action for those who use the Klingon language as the ancient Klingon artifact called the Sword of Kahless.
Allowing this Sword of Kahless to hang over anyone who wishes to speak or write in Klingon does not serve the purpose of the Copyright and Patent Clause, and instead robs the world of valuable expressive works.
- Source:Amicus Brief
For those who are interested in learning a bit more about how motions are used during a lawsuit and want to do so in an entertaining way, I thoroughly suggest you read the Language Creation Society's Amicus Brief.
Comments
Angoid - 8 years ago
Could it be said then that the Sword of Damocles hangs over the Klingon language and also the Sword of Kahless?
Lawrence Abrams - 8 years ago
It could indeed :) From what I have read JJ Abrams has gotten involved and stated that Paramount will most likely drop the lawsuit. Will have to see what will happen.
What I found amazing was how Marc utilized Klingon in his motion to the Judge. Very clever.
TheJokerz - 8 years ago
Nice find! Thank you for sharing!
MusicalMagpie - 8 years ago
One could argue that a constructed language such as Klingon - created by linguist Marc Okrand for CBS and Paramount - is a copyrighted entity. This begs the question: how does a language get started? At what point does Pinocchio surpass Gepetto's original concept to become a "real live boy"? Certainly, Klingon has taken on a life of its own, and boldly gone where no Okrand has gone before. A legal restriction on the development of this language would rob the world of Klingon versions of Monty Python catch phrases such as upDujHomwIj luteb gharghmey (my hovercraft is full of eels). http://www.omniglot.com/language/phrases/klingon.php
vilhavekktesla - 8 years ago
And the Lord of the Rings for that sake :) Sometimes even big entities need to be put back on the ground to understand the implications of what they are about to do. If Paramount are clever they underrstand where this might lead and actually publish an apology to thos accused for the infringement, and the ruels, and laws might be updated to prevent others from doing the same. Often it is not until you meet the right opponent you understand what you are doing, and I agree thanks for sharing and eyopeners are needed more than once in a while. I can think of many other cases where the lack of open eys causes trouble and loss of human lives, but I won't post any here, at least not now :)