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Feb. 13th, 2005 11:33 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
cleolindaSome guy is selling other people's fanfiction? I mean, it's bad enough that he's SELLING FANFICTION, but it's NOT EVEN HIS. If you're in the Star Trek or X-Files fandoms particularly, you may want to go take a look at this. Several people on LJ have spotted their own work already. (Note: my link goes to the journal of someone who lays the problem out in more detail. I didn't visit the offending link myself, but apparently the guy is selling slash, so probably not safe for work.)
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Date: 2005-02-14 05:35 am (UTC)no subject
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Date: 2005-02-14 05:48 am (UTC)[Request-URI Too Large
The requested URL's length exceeds the capacity limit for this server.
request failed: URI too long]
Anyone know if this a problem with LJ or my computer?
Though somehow, even just from the heading, I'm not surprised... -_-'
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Date: 2005-02-14 05:51 am (UTC)(no subject)
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Date: 2005-02-14 05:48 am (UTC)no subject
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Date: 2005-02-14 06:15 am (UTC)I mentioned this to my husband, and he shrugged and said that this kind of thing has been going on for years and that sites like this one go up and down all the time. Depressing.
The site owner is just a bottom feeder who's found a nice comfy niche selling fanfic and fan art to people who are too ignorant to know they can get it for free on the Web.
(no subject)
From:no subject
Date: 2005-02-14 11:23 am (UTC)While what he's doing is illegal, so is the act of creating this fanfic in the first place. Unless permission has been granted by the copyright holder of the original work, fanfic constitutes an unlawful derivative work, a copyright violation. Just as selling the fanfic does.
So the fanfic writers have literally no legal recourse. The legal doctrine of dirty hands prevents them from even bringing suit.
Note that I detest current modern IP laws, so I'm not saying this in *defense* of them, but so far as I can tell, if you write this guy nasty letters and he says "Screw you!", I'm not sure what you can do about it without resorting to extralegal machinations.
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From:no subject
Date: 2005-02-14 06:34 am (UTC)no subject
Date: 2005-02-14 06:41 am (UTC)Seriously, there's got to be a way to stop that guy.
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Date: 2005-02-14 06:43 am (UTC)That's just...gah. He's got balls, I'll give him that. Unfortunately, he doesn't have a brain to go with them.
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Date: 2005-02-14 07:04 am (UTC)no subject
Date: 2005-02-14 08:03 am (UTC)(no subject)
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From:Ah yes - we can't save the fan fics
From:Re: Ah yes - we can't save the fan fics
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Date: 2005-02-14 02:21 pm (UTC)no subject
Date: 2005-02-14 02:29 pm (UTC)Good.
The author (or rather, the rightsholder) has won far too often.
What most people miss about copyright law, and all IP law for that matter, is that the whole Constitutional justification for it has nothing to do with making the author happy. The purpose of IP law is to "promote the progress of science and the useful arts"; securing for a limited time to authors and inventors the exlusive rights to their creations is simply a means to an end, not an end itself. In other words, the purpose of these laws must be to benefit society as a whole, and not simply the authors.
It's pretty clear that modern IP law has been continually remade and rewritten to favor authors and creators and that the progress of science and the useful arts has taken a rather distant back seat. Current copyright and patent laws serve more to stifle innovation and lock down ideas than they do to stimulate innovation and creativity.
The dubious legal standing of fanfic is only one example of that.
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From:The site itself is extremely tame
Date: 2005-02-14 02:29 pm (UTC)But he did have a "gallery" which contained badgers, Renoir, and of course nudie shots.
Thank you for posting this. I have one friend in Australia who's a heavy slasher. I would recommend looking anyway since there are no pop ups or photos (except in the gallery). It's very quick to throw things into your "cart". It's a nightmare manuevering through to see if I recognize anyone's stuff (because I don't read slash fic).
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Date: 2005-02-14 02:31 pm (UTC)That's what your book will be, in a way. And there are fan zines and such. The concept itself is not so horrible. It's that the fanfic authors aren't getting credit or compensation. It's stuff like this that is going to make a lot of creators rethink their "out of sight, out of mind" policy, and that's sad.
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Date: 2005-02-14 02:35 pm (UTC)(no subject)
From:no subject
Date: 2005-02-14 04:16 pm (UTC)no subject
Date: 2005-02-14 06:04 pm (UTC)You have received a Valentine...
Date: 2005-02-14 07:14 pm (UTC)Hey girl, you always make me smile, soI hope this makes you smile.
Love from Cupid xx
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Date: 2005-02-15 03:29 am (UTC)Thanks for that post, by the way.