The Fandom vs Six Apart trainwreck

[matgb]

Briefly, for obvious reasons I've been busy and not following too closely last few days, but on the most recent news I concur win demiurgent (Eric Burns of websnark). I've said a few times here and elsewhere that while the law itself in the US is fairly clear, there are grey areas that will need a test case; where does the boundary lie? One thing I'm sure of, Eric:

Six Apart doesn't want this to be a test case. But I promise you fanfiction communities really don't want this as a test case.

Because while 6A may have broken Californian consumer law (really, not my field), doing this:

They stated that they had received a number of complaints, and that they were contacting Six Apart to try and act as a liason between the unhappy consumers and the company. He did say that he would be contacting me, should Six Apart fail to respond, and that they may need me to provide further information "for legal action against this company by our office on behalf of the consumers".

Almost certainly going to cause more trouble than it solves. Legal spotlight, front and centre, on Lj & 6A. Therefore to include child porn allegations, copyright infringements, etc. The CA AG may not go that way, but it'll get publicity, and other lawyers.

Read the comments of that IJ post; the person who's started it has NO IDEA that this could cause other issues. Houston? We have a problem...

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Lovely lunch now finished, back to work...

Comments

[liz-marcs.livejournal.com]

Aaaaaa-men. I'm in the so stupid it burns camp when it comes to that letter.

Given the current legal climate in the U.S. where even legitimate uses of copyrighted material (i.e., fair use) is getting constantly squeezed, I don't want to imagine what could happen if someone looked too closely at fandom, because there's no guarantee we could win. And you know people would focus on the real underbelly parts of it.

[matgb]

Aye, reading through so much of the commentary, and the massive sense of entitlement/ "we-are-doing-no-wrong" attitude is amazing—I pretty much believe that fandom should be able to do what it likes in a non-profit manner, but the law disagrees. Ah well.

Someone, soon, is going to get their fingers burnt, then some of the screechy monkeys will see just why 6A is being (overly) cautious. If 6A could just keep a consistent PR approach they might do so much better as well.

(catching up on older comments, been busy)

[innerbrat]

Oh, fandom.

*hides*

[dainul.livejournal.com]

Is there something written below "fictional" in your icon? I'm not certainly whether or not I'm imagining things.

[innerbrat]

Yes, there is, in fact the word "PVNC" written underneath.

You get pointsif you can identify the fandom and the annual wank to which is refers.

[matgb]

I can; can I have points too?

Oh, wait, I know because you told me ages ago. That's not cheating is it?

[miss-s-b.livejournal.com]

As in fabricati diem, pvnc?

I didn't NEED anyone to tell me that one ;)

Mmmmmmmmmmmm Vimes...

[innerbrat]

The icon as a whole, dear.

[miss-s-b.livejournal.com]

Oh well, no points for me, then...

[matgb]

It's from Night Watch, and the annual "we must wear lilacs" fuss in Pratchett fandom, people really missing the point of the whole "were you there" aspect.

I only really know this because Debi mentions it every year, but the icons are about.

[miss-s-b.livejournal.com]

I knew it was from Night Watch, but I didn't realise that fandom was that stupid...

[staceyuk.livejournal.com]

Ditto. Ouch.

[miss-s-b.livejournal.com]

Yeah, I'm with you on the immense stupidity of this.

And, as for lunch, glad you enjoyed it. Lasagne for tea?

[el-staplador.livejournal.com]

Bloody hell. My brain was dead before, but now it's six feet under with a wooden stake through its heart.

Ahem...

*attempts to separate metaphors*

*fails*

Oh well, never mind.

[matgb]

Mixing metaphors is always good if people get the point. but yeah, brain dead doesn't seem to describe these people accurately (see Liz' comment above for more). Gah!

[davidnm.livejournal.com]

So, this thing just seems to get worse at every turn, doesn't it? Customer protection laws may have been broken (obviously not legal) through not allowing the depiction of pederasty (the latter thing also not legal). I can feel a Doctor Who quote coming on - 'it'll be enough to keep the lawyers busy for centuries!'

Oh well - given my general attitude to these things I should probably go and get popcorn!

[matgb]

I should probably go and get popcorn!

Aye; since this comment, the account that made the complaint has been deleted (or suspended, not sure).

It's just, well, scary. Bunch of idiots wondering around all over the place.

[stillcarl.livejournal.com]

If 6A have broken consumer protection laws then they'll sensibly settle out of court over the matter - by either reverting the TOS to what it was before they broke those laws or by offering a refund to those who bought permanent accounts and such in good faith.

As to the damage fandom might suffer if it does go to court? Well I wouldn't worry too much - it's only fandom who takes fandom remotely seriously. :-)

[stillcarl.livejournal.com]

Followup of sorts...

From here: http://community.livejournal.com/lj_biz/242136.html

One last note: This new process might have changed the way that two members were recently permanently suspended without warning. In respect to their privacy, we aren't going to get into details of any individual suspensions. But you should know we are reaching out to these people and that our conversations with them and with you have helped shape the new policy changes.

Which sounds very like fandom's won.

[matgb]

Well, sense may have prevailed—hard to say who's won, but pretty sure LJ is still losing.

You heard they've already cancelled the Pepsi sponsored stuff? Not sure why yet...

[stillcarl.livejournal.com]

I didn't know there was Pepsi sponsored stuff till you mentioned it! (Just searched and read about the V Gifts and styles.)

As a place to care about, LJ's beyond hope now. It's been a fine example of how to kill a community by using adverts though!

[mapp.livejournal.com]

Bless the drama-llamas. It's like a soap-opera, but it contains internet law suits, fandoms, revisionism and failing to realise that clicking "I agree to the Terms and Services" means just that.

Is it wrong that I want to just point and laugh?

[matgb]

Well, there is the bit that the terms of service may be illegal (and LJ has broken them over the Pepsi thing), but yeah, pretty much, laughter in this case is good.