From the Axamonitor website, with thanks to File 770 for pointing me to the latest developments.

While a Federal judge denied summary judgment January 4, 2017, to both sides in the Axanar copyright infringement lawsuit, he dealt a major blow to the defendants’ hope to use fair use as a defense in the case.

The 15-page decision moved the case forward to its scheduled January 31 trial date, striking out a central part of the defendants’ case. While Klausner found Axanar was indeed substantially similar to Star Trek using an extrinsic test, despite the defense’s protestations to the contrary, he left to the jury the intrinsic, or subjective, decision over whether the “total concept and feel of [Axanar and Star Trek works were] substantially similar.”¹⁾

The extrinsic test Klausner used examines “specific expressive elements: the plot, themes, dialogue, mood, setting, pace, characters, and sequence of events in the two works to determine if articulable similarities exist.“²⁾

Here, Klausner wrote, the “Defendants [producer Alec Peters and Axanar Productions] intentionally use elements from the Star Trek Copyrighted Works to create works that stay true to Star Trek canon down to excruciating details. Defendants even touted that ‘Axanar feels like Star Trek.’”³⁾