load it, check it, quick - rewrite it

[furiosity]

0001 - A reminder! Don't Like Don't Read is only a logical and reasonable defence if the person hasn't actually read it already or had ample warning they wouldn't like it but read it anyway (i.e. "don't complain about Mpreg in a fic if there's a clear label on the header" = reasonable. "if you don't like Mpreg, don't read it!" when NO labels are

Comments

[tray_la_la]

I generally do not feel that fannishness and money are a good mix in any situation

selling fan works for profit seems to be a big issue in fandom, which inevitably comes up every time some sort of commercial endeavor is pursued by one among us. yet - and this is only just occurring to me now, due to my fandom-centricity, i suppose - there is so much fannish stuff sold for profit outside of fandom, seemingly without consequence or contemplation. for example, i've recently become dangerously obsessed with etsy, on which there are hundreds of shops selling hp related stuff, all for profit. i may be wrong, but i imagine none of these people fuss over cr infringement. granted, we have the benefit of communication en masse, which leads to a sort of community ethics-building and self-policing. but it could be that fandomers, to differing degrees, internalize the respect for original creators you expressed. *shrugs* i don't have an actual point, lol. just that whether or not any of us ever incur liability for our fanworks, it's probably a very good thing we engage in these kinds of of self-reflexive deliberations.

in terms of isp safe harbors, an isp can't be sued by a cr owner for users' infringements so long as they are not interfering with a owner's technological protection measures, and kick off any repeat infringers. do you know on what grounds creators have sued under the dcma? i've only ever heard of it being in reference to access/use of the original works protected by tpms. the parody one in particular seems alarming.

[furiosity]

Crafts are not an exception, I don't think -- Etsy is a fairly new thing in Internet years, and it will get hit just like Zazzle got hit; the legal machines just usually take some time to get all their ducks in a row, pardon the cliche -- that the Etsy sellers don't give a shit doesn't mean they aren't going to get served with C&D (I heard on Regretsy that Twilight merch sellers are starting to get theirs already, though that's admittedly a rumour). The fannish multiverse has been through a lot of legal shit long before JKR ever thought of Harry Potter so maybe it's also like... a collective unconscious thing or something. :D

I don't think creators themselves have sued under DMCA for fanworks specifically (though I'm sure Anne Rice has tried); I was just referring to the climate under which ISPs seem to operate: most will comply even though they may not have to, because they don't want to piss off the big companies. They get a takedown notice (usually for original works, as you say) and they act. Under these circumstances, if JKR decided to send out the legal basset hounds, ficcers would just find their accounts suspended left and right -- and I do not trust LJ (for example) to investigate, not after what they did during Strikethrough 2007.

I think the parody one was a dude making fun of... some book series. I don't think it was HP or Twilight. *headscratch* I really should put this shit in my bookmarks when I come across it. I will try to Google it after I finish with tonight's Snitch!

[tray_la_la]

lol, yes, i also tend to forget fandom existed long before hp/my involvement in it. :P and i really need to keep up with fannish related things: i had no idea about zazzle or anything like that.

i'm all abuzz with dmca questions now! :) i'd be tempted to email my prof if he weren't spending the second half of the semester in israel. or if it wouldn't be terribly self-implicating. although i think he's a secret fan. my final was based on hp fanfic, and he even played a clip of the potter puppet pals in class, lol.