Slash Fans Take Note

[Haggridd]

--- In HPFGU-OTChatter at y..., rainy_lilac at y... wrote:
> 
> 
> I persoanlly think that WB will be making a major mistake if they 
> target slash while leaving the rest of HP fanfic alone. 
> 
> I agree: what is the big deal? Porn... Pffft! Such tight-assed 
> virgins! I would think that WB's lawyers would have more important 
> things to do with there time. It is not like anyone is making money 
> off of this. Isn't that a rather important distinction?
> 
> A question for the lawyers:
> 
> If fanfic writers are explicitly NOT making a profit or seeking to 
> commercially exploit WB's trademark, how much damage can these 
> lawyers do? Can they really shut down fanfiction? Do they have any 
> idea what toothpaste they are squeezing out of the tube by even 
> trying? 
> 
> Is fanfic the sort of thing that would be protected by the First 
> Amendment? How is writing a story about the HP characters different 
> from, say, writing an essay expressing ones opinion about them? Or 
> debating on HP4GU about whether or not Sirius is gay? Also, can
they 
> really targety some fanfic but not all?
> 
> I am very curious.
> 
> 
> --Suzanne
> 
You are all missing the point.  WB has purchased the rights to the 
characters.  A case can be made that slash and the reaction to it 
lowers the value of the property, irrespective of whether or not the 
fanfic author is making money off it.  It is analogous to Napster and 
the MP3 music.  FYI, Napster lost big-time! The corporations who
owned 
the properties won hands down.  It is not a first amendment issue. 
It 
is copyright law.

Haggridd