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	psychofangirl 2003-12-20 04:44 am UTC (link)
	OH MY GOD! SHE IS SO RIGHT!!! I MUST STOP WRITING FANFIC!! Psh. yea, right. Heh. (Reply to this)(Thread)

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dana, 2003-12-20 04:53 am UTC

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seventy_three, 2003-12-20 05:09 am UTC

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dana, 2003-12-20 05:28 am UTC

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smo, 2003-12-20 06:20 am UTC

	eljuno 2003-12-20 04:46 am UTC (link)
	Hah! MY current fanfic infringes on no such copyrights! Goes back to trying to think of new and interesting ways to get indie musicians in bed together... (Reply to this)

	elfy 2003-12-20 04:52 am UTC (link)
	Seriously, fanfic writers are not CEOs, they’re part-time temp workers from Indianapolis who live with seven cats. Pfft. What a load of bollocks. I live in Australia, am a full time uni student, work part-time, have ONE cat and still find time to breach copyright. (Reply to this)(Thread)

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dana, 2003-12-20 04:57 am UTC

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elfy, 2003-12-20 05:04 am UTC

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elfy, 2003-12-20 05:33 am UTC

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dana, 2003-12-20 05:15 am UTC

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elfy, 2003-12-20 05:18 am UTC

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dana, 2003-12-20 05:39 am UTC

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elfy, 2003-12-20 08:59 am UTC

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eljuno, 2003-12-20 04:59 am UTC

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elfy, 2003-12-20 05:06 am UTC

Oh no! - (Anonymous), 2003-12-20 05:18 am UTC

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elfy, 2003-12-20 05:29 am UTC

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musette, 2003-12-20 10:17 am UTC

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elfy, 2003-12-20 11:16 am UTC

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musette, 2003-12-20 11:50 am UTC

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romanesque, 2003-12-20 03:09 pm UTC

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singe, 2003-12-20 05:56 am UTC

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ironymaiden, 2003-12-21 12:23 am UTC

... - (Anonymous), 2003-12-21 09:42 am UTC

*sniff* -

fuzzytowers, 2003-12-22 06:16 am UTC

Re: *sniff* -

elfy, 2003-12-24 07:26 am UTC

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fiatincantatum, 2003-12-20 04:59 am UTC

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elfy, 2003-12-20 05:02 am UTC

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eljuno, 2003-12-20 05:03 am UTC

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crickets, 2003-12-20 07:59 am UTC

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cairea, 2003-12-20 10:07 am UTC

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ragnarok, 2003-12-20 03:19 pm UTC

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prettyamyrose, 2003-12-20 05:10 am UTC

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elfy, 2003-12-20 05:23 am UTC

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eljuno, 2003-12-20 05:27 am UTC

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elfy, 2003-12-20 05:37 am UTC

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psychofangirl, 2003-12-20 05:59 am UTC

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rann, 2003-12-20 06:41 am UTC

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nevadafighter, 2003-12-20 06:32 am UTC

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elfy, 2003-12-20 08:57 am UTC

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ladysorka, 2003-12-20 09:10 am UTC

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elfy, 2003-12-20 09:19 am UTC

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serai, 2003-12-20 10:14 am UTC

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elfy, 2003-12-20 11:17 am UTC

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mpoetess, 2003-12-20 11:29 am UTC

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elfy, 2003-12-20 11:56 am UTC

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monkeywrench, 2003-12-20 01:05 pm UTC

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smo, 2003-12-20 04:21 pm UTC

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monkeywrench, 2003-12-20 04:58 pm UTC

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smo, 2003-12-20 05:05 pm UTC

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monkeywrench, 2003-12-20 05:30 pm UTC

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smo, 2003-12-20 07:49 pm UTC

... - (Anonymous), 2003-12-21 06:14 pm UTC

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sorchar, 2003-12-20 03:30 pm UTC

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ecchaniz0r, 2003-12-20 06:36 pm UTC

	bohicamouse 2003-12-20 04:55 am UTC (link)
	Please, please stop raping author's sooouls right NOW! It doesn't matter that you'll never ever be prosecuted for it and some of them couldn't care less--it's WRONG, and I would know, because I'm a moral person, unlike YOU! I open doors for women dammit! Because it's right. (Reply to this)

photosinensis
2003-12-20 05:01 am UTC (link)

Um? Fair use laws, anyone? The law protects the actual verbage (and plots), but not characters. People like Anne Rice really don't have a legal leg to stand on when it comes to eliminating fanfic. Therefore, using another person's characters in a plot, as long as it isn't for money or other commercial purposes (the big part of the fair use laws), then it is legal.

Furthermore, most writers, including the referenced George Lucas, encourage fanfic writing. In fact, it is a known fact that J. K. Rowling has even read fan fiction based on her works, and has generally approved it, except smut writing, which she doesn't appreciate, but she can't stop.

As there is little chance of confusing fanfic with the real thing, trademark infringement and copyright infringement are non-issues.

Copyrights usually even say that no part of the work itself (legally interpreted as the actual verbage) may be reproduced, stored in an archival system, translated into another language, or otherwise distributed without the copyright owner's consent. Nowhere in there does it say characters are copyritten.

Fanfic is not copyright infringement by the law, and most people understand that. That's the real reason that nobody gets sued over copyright infringement. It has nothing to do with lack of money (again, the RIAA has gone after 12-year-olds who don't have money, so the arguement falls by the wayside), but lack of legal rights to persue fanfic writers. There is no commercial threat to the writers who produce the canons on which fanfic is based from fanfic, and therefore no grounds for a lawsuit.

If, for example, Anne Rice were to file a lawsuit against anyone she found writing fanfic based on her characters, the suit would be likely thrown out of court, as there is no economic damage (the primary purpose of the civil courts) present. Sure, copyright owners can send Cease and Desist orders if actual canon is quoted without proper acknowledgement (to a limited extent) or without permissions (in the case of photographs, and large quotations, such as MSTs based on the canons), or in the case of adult-themed fanfiction being availiable without some system of ensuring that minors do not access the adult content. That latter part is general law about adult content, not just fanfiction.

At least, that's my understanding of the copyright laws as they pertain to fanfic. Contact a lawyer whose expertice is in intellecutal property for a more professional response. They're far more qualified to argue the case than I am. I just try to know the laws pertaining to my hobbies.

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pyratejenni, 2003-12-20 05:18 am UTC

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psychofangirl, 2003-12-20 06:06 am UTC

Ah, that one. -

azurelunatic, 2003-12-21 10:29 pm UTC

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thebratqueen, 2003-12-20 07:41 am UTC

(no subject) - (Anonymous), 2003-12-20 12:25 pm UTC

Wee bone of contention: -

banal_o_rama, 2003-12-20 10:43 pm UTC

Re: Wee bone of contention: -

photosinensis, 2003-12-21 03:36 am UTC

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phosfate, 2003-12-22 07:58 pm UTC

	senor_pinata 2003-12-20 05:02 am UTC (link)
	I'm extremely amused by how the wankstress promises to prove that fic is both illegal and immoral, yet seems to think that by proving the former, she has proven the latter. And she seems so proud of it. Bitch, please. We don't care if it's illegal. (Reply to this)(Thread)

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smo, 2003-12-20 06:18 am UTC

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senor_pinata, 2003-12-20 06:36 am UTC

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smo, 2003-12-20 07:02 am UTC

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senor_pinata, 2003-12-20 07:10 am UTC

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smo, 2003-12-20 07:13 am UTC

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ecchaniz0r, 2003-12-20 06:38 pm UTC

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smo, 2003-12-20 07:50 pm UTC

He's a man, baby. - (Anonymous), 2003-12-22 05:07 pm UTC

	jfpbookworm 2003-12-20 05:03 am UTC (link)
	Okay, so the post explains why fanfic is illegal, but did anyone think to explain that something being illegal is not synonymous with it being morally wrong? (Reply to this)(Thread)

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oulangi, 2003-12-20 11:14 am UTC

oh - (Anonymous), 2003-12-21 06:29 pm UTC

at my livejournal, go read. - (Anonymous), 2003-12-22 05:10 pm UTC

sarajayechan
2003-12-20 05:15 am UTC (link)

Oh, JEEZ. -_-;;; The authors who are against fanfic have SPECIFICALLY SAID SO, so people don't write/post fanfic about their stuff anymore. Watase Yuu, Satoru Akahori, Sherwood Schwartz, Aaron Spelling...THEY haven't complained. And people ALWAYS credit the original creators when they write a fic. So it's not "comitting a crime" or "defiling someone's work" or whatever.

I'll let my icon do the rest of the talking for me.

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banal_o_rama, 2003-12-20 11:01 pm UTC

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sarajayechan, 2003-12-21 11:34 pm UTC

	Heh. enkogneatoh 2003-12-20 05:23 am UTC (link)
	Excuse me while I go into a corner and chortle. The top intellectual property attorneys and scholars in this country (and the world, for that matter) can't agree on whether fanfic is illegal (most put it into a legal gray area). Yet this person claims to know for a fact that it is? Heh. Heheheheheheh. (Reply to this)(Thread)

Re: Heh. -

rann, 2003-12-20 06:45 am UTC

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thebratqueen, 2003-12-20 07:33 am UTC

Count me in!

opera142
2003-12-20 05:32 am UTC (link)

"The United States has never really respected its artists. Let’s all work together to turn that around."

Let's.

Fanfic is like letting your dog crap in the original author's yard. It doesn't matter if you disclaimer the poop. IT'S STILL THERE and it makes the original author cry because original authors work really hard on their lawns and never, ever steal gardening tips or lawn ornaments or landscaping ideas from other original authors.

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Me too! Let's make a STAND! -

singe, 2003-12-20 05:54 am UTC

Re: Me too! Let's make a STAND! -

crickets, 2003-12-20 08:20 am UTC

Re: Me too! Let's make a STAND! -

elfy, 2003-12-20 08:53 am UTC

Re: Me too! Let's make a STAND! -

musette, 2003-12-20 10:23 am UTC

Re: Me too! Let's make a STAND! -

chash, 2003-12-20 01:41 pm UTC

Re: Me too! Let's make a STAND! -

panthea, 2003-12-20 04:12 pm UTC

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smo, 2003-12-20 04:23 pm UTC

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amasaglajax, 2003-12-21 10:09 am UTC

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smo, 2003-12-22 02:57 am UTC

Re: Me too! Let's make a STAND! - (Anonymous), 2003-12-23 09:00 pm UTC

Re: Count me in! - (Anonymous), 2003-12-20 06:25 am UTC

Re: Count me in! -

thebratqueen, 2003-12-20 07:34 am UTC

Re: Count me in! - (Anonymous), 2003-12-20 02:34 pm UTC

Re: Count me in! -

iczer6, 2003-12-20 07:35 pm UTC

Re: Count me in! -

virago, 2003-12-21 06:47 am UTC

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eris, 2003-12-21 09:04 am UTC

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virago, 2003-12-22 07:44 am UTC

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htrismegistus, 2003-12-22 08:31 am UTC

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eris, 2003-12-22 08:58 am UTC

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htrismegistus, 2003-12-24 08:23 am UTC

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iczer6, 2003-12-21 09:45 am UTC

... - (Anonymous), 2003-12-21 11:28 am UTC

	amand_r 2003-12-20 05:49 am UTC (link)
	I have come to the conclusion that this IS Anne Rice's seeeekrit journal. nod (Reply to this)(Thread)

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rikoshi, 2003-12-20 06:02 am UTC

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amand_r, 2003-12-20 06:22 am UTC

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rikoshi, 2003-12-20 06:30 am UTC

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amand_r, 2003-12-20 06:39 am UTC

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thebratqueen, 2003-12-20 07:36 am UTC

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amand_r, 2003-12-20 08:14 am UTC

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rowan, 2003-12-20 07:45 am UTC

mooncalf
2003-12-20 06:02 am UTC (link)

I have to wonder how this applies to, say, fanfic written about Japanese console games, where there is no 'author' but rather a creative team working a professional job to earn a steady paycheck, working in an atmosphere where fanworks are not only tolerated and expected but encouraged... and often sold for, you know, real money.

... holy shit! Someone stuck both my hands down my pants when I wasn't looking!

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eljuno, 2003-12-20 06:07 am UTC

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telesilla, 2003-12-20 06:23 am UTC

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telesilla, 2003-12-20 06:29 am UTC

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greekhoop, 2003-12-20 08:48 am UTC

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telesilla, 2003-12-20 09:03 am UTC

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smo, 2003-12-20 04:26 pm UTC

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smo, 2003-12-20 07:53 pm UTC

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rowan, 2003-12-20 07:44 am UTC

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mooncalf, 2003-12-20 07:49 am UTC

	darkrose 2003-12-20 06:20 am UTC (link)
	She's absolutely right. Fanfic based on someone else's characters is copyright infringement. It is illegal, and wrong. Vive le RPF! (Reply to this)(Thread)

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eljuno, 2003-12-20 06:21 am UTC

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telesilla, 2003-12-20 06:25 am UTC

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smo, 2003-12-20 07:04 am UTC

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smo, 2003-12-20 04:55 pm UTC

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redina, 2003-12-20 07:58 am UTC

	lots42 2003-12-20 06:31 am UTC (link)
	So who is going to be the first to write a fanfic about the article's author and send it to him/her/it (Reply to this)(Thread)

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rann, 2003-12-20 06:46 am UTC

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redhead, 2003-12-20 02:19 pm UTC

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rann, 2003-12-20 06:32 pm UTC

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redhead, 2003-12-20 07:40 pm UTC

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redhead, 2003-12-20 08:25 pm UTC

dunc
2003-12-20 06:38 am UTC (link)

You know, if Lucasfilm hadn't picked a lot of crappy hack authors to write their official fanfic (Kevin J. Anderson, are your ears burning?) I never would have gotten into fanfic in the first place.

[sarcasm]Should I sue LFL for failing to produce stories that please me? Isn't that THEIR job?[/sarcasm]

Please. If an author/corporate entity doesn't like fanfic, and they proclaim it's not allowed, then most fans are going to respect that. But if nothing is said, than it's not up to some random chick to stop it. She only suceeds in getting herself roundly mocked by people who've been dealing with these issues for years. Viva la wank!

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rann, 2003-12-20 06:47 am UTC

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dunc, 2003-12-20 08:42 pm UTC

	feenix 2003-12-20 06:58 am UTC (link)
	I don't care about the implications. All I want to know is where this Harry/Snape/Nimbus fic is that she references. (Reply to this)(Thread)

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chibicurmudgeon, 2003-12-20 07:21 am UTC

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kijikun, 2003-12-20 08:28 am UTC

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eljuno, 2003-12-20 08:54 am UTC

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texta, 2003-12-20 01:36 pm UTC

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franny, 2003-12-20 07:17 pm UTC

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maryavatar, 2003-12-21 02:54 am UTC

yadda
2003-12-20 07:01 am UTC (link)

I almost didn't get to the end. Tedious, yes. Brief? Not so much. But now I'm really glad I did: "However, much like Lenny in Of Mice and Men, the way in which [fanfic writers] express their love can be quite wrong and hurtful and damaging."

*sporfle* I love authors! I want to pet them and love them and write stories using their intellectual property and call them George!

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eljuno, 2003-12-20 07:51 am UTC

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yadda, 2003-12-20 03:41 pm UTC

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necronomist, 2003-12-20 09:00 pm UTC

	rowan 2003-12-20 07:41 am UTC (link)
	I would love to see this person's reaction to doujinshi. (Reply to this)(Thread)

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smo, 2003-12-20 04:35 pm UTC

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sam_chan, 2003-12-21 12:43 am UTC

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smo, 2003-12-22 03:06 am UTC

	rebeccasama 2003-12-20 08:03 am UTC (link)
	If they legalized murder, would you kill? I doubt it. Obviously a man who has never worked retail. (Reply to this)(Thread)

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eljuno, 2003-12-20 08:04 am UTC

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smo, 2003-12-20 08:21 am UTC

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serai, 2003-12-20 10:21 am UTC

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smo, 2003-12-20 04:34 pm UTC

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ecchaniz0r, 2003-12-20 07:23 pm UTC

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smo, 2003-12-20 07:57 pm UTC

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musette, 2003-12-21 04:43 am UTC

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musette, 2003-12-22 12:25 am UTC

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sorchar, 2003-12-20 03:55 pm UTC

(no subject) - (Anonymous), 2003-12-25 12:19 am UTC

	kijikun 2003-12-20 08:22 am UTC (link)
	Best quote from the comments: "Regarding legalization of murder, I've got a list and I'm only waiting for the laws to be revoked. Look out, Pauly Shore!" hehe (Reply to this)(Thread)

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darkrose, 2003-12-20 09:03 am UTC

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kijikun, 2003-12-20 09:08 am UTC

Heh. I need to throw my rant at this fool's head.

zannechaos
2003-12-20 09:28 am UTC (link)

You're Wasting Your Time.

Peter David. J. Michael Straczynski. John Byrne. Len Wein. Chris Claremont. Fabian Nicieza. Michael Okuda. Scott Lobdell. Christie Golden. Todd McFarlane. Timothy Vahn. Diane L. Carey. Kevin J. Anderson. Jeri Taylor. Keith DeCandido. Sean Williams. James Luceno. Joe Kelly. Kathy Tyers. Chris Golden. R. A. Salvatore. Michael A. Stackpole. Mary Jo Duffy. Barbara Hambly. A. C. Crispin. Terry Bisson. Alan Dean Foster. Garth Ennis. Joe Pruett. Les Martin. Fiona Avery. Easton Royce. Ben Mezrich. Ellen Steiber. Terry Bisson. Diane Duane.

What do all of these people have in common?

They are Fanfic Writers.

Want to know where to find their work? For Peter David, why don't you go to the comic store and pick up a copy of The Hulk? Keep an eye out for Todd McFarlane if you browse around Spider-Man comics. Joe Kelly and Chris Claremont wrote for X-Men titles. J. Michael Straczynski? After a successful television series named Babylon:5, he went on to write for The Amazing Spider-Man title.

Chris Claremont's also written Star Wars novels. Peter David? Try looking for Q-Squared or Q in Law in the Science Fiction/Star Trek book section at Barnes and Nobles. Maybe pick up Diane Duane's Dark Mirror while you're at it. Kathy Tiers? Timothy Zahn? Look over for the Star Wars novels. Some of those people up there wrote X-Files novels.

Did they create the characters? Of course not. Peter David didn't create The Hulk. McFarlane didn't create Spidey. Claremont didn't create Scott Summers. Stan Lee did. What does that make them? Fanfic writers. Paid for it, but still fanfic writers. After all, they're "piggybacking" on someone else's work.

=====
That's just the beginning.

(Reply to this)(Thread)

Re: Heh. I need to throw my rant at this fool's head. - (Anonymous), 2003-12-20 09:58 am UTC

Re: Heh. I need to throw my rant at this fool's head. -

zannechaos, 2003-12-20 10:05 am UTC

Re: Heh. I need to throw my rant at this fool's head. -

smo, 2003-12-20 04:30 pm UTC

Re: Heh. I need to throw my rant at this fool's head. -

shoiryu, 2003-12-20 05:49 pm UTC

Re: Heh. I need to throw my rant at this fool's head. -

iczer6, 2003-12-20 08:10 pm UTC

... - (Anonymous), 2003-12-21 12:56 am UTC

... -