Via fandom_lawyers, an interesting article by Julie Hilden, a FindLaw columnist, on the Organization for Transformative Works, a new fanfic/vid/art legal defense group:
I haven't had a chance to read all the links yet, but my first inclination is to go with the "don't rock the boat" crowd. Like Scalzi says, no matter what legal arguments you can make, the reality is that the big corporations have hordes of lawyers which they will send into action if they sense any real threat to their copyrights. No more turning a blind eye to fan efforts.
Actually, that's my conclusion: that OTW's claims will force the hand of the rightsholders, one way or the other, and I don't think the outcome's going to favor the fans.
And I'm trying to imagine, should OTW survive the inevitable pre-trial wankery and motions for summary judgment, just how our generally conservative, pro-property rights federal judiciary will receive their arguments. Not seeing a lot of love there, either.
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And I'm trying to imagine, should OTW survive the inevitable pre-trial wankery and motions for summary judgment, just how our generally conservative, pro-property rights federal judiciary will receive their arguments. Not seeing a lot of love there, either.
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