elfwreck:olderthannetfic: kimberlyeab:athingofvikings:olderthannetfic:lanninglurksnomore:olderthanne
elfwreck:olderthannetfic: kimberlyeab:athingofvikings:olderthannetfic:lanninglurksnomore:olderthannetfic:*cackling*If OTW weren’t around, this wouldn’t be “scaremongering”: It would be the inescapable status quo. The people who believe this crap are the anti-vaxxers of fandom. Oh god. They kind of are, aren’t they? I’d go bigger and just say that they’re the conservatives/reactionaries of fandom–or, to frame it differently, this is how conservative and authoritarian ideologies express themselves in the context of Fandom. my opinion on AO3 is that it’s an important asset but i still find it scummy that they’ll ask for money but when their users try to ask for money they slam them with their non-monetization rules.Like Anne Rice is dead and this isn’t the 90s anymore, people are making money from fandom please catch up with the times. I think you’ve misunderstood:AO3 was built by a bunch of us with our free donated labor for the purpose of being a space free from commercial spam.It’s not a public service. It was built by us to house the type of fandom culture we liked.People who want to do fandom differently, including making money, are welcome to go build their own site with their own money or their own donated labor. AO3 does not forbid commercial links because they think fans making money from fanworks is immoral but them making money (to run the damn site) is fine.AO3 forbids commercial links because they are making a very specific claim about the legality of fanworks, and that claim is about noncommercial fanworks.They’re not saying that commercialized fanworks are against the law. They’re just not prepared to host them–nor defend them in court.In case people missed it: The OTW will not honor DMCA takedown orders that are basically, “I own X work and that’s a fanfic of it, and that’s copyright infringement so make it go away.” The OTW says, lolnope, we don’t think that’s copyright infringement. If you disagree, sue us.The OTW says: Disney - we will not remove explicit Mandalorian fanfic. Rowling, Warner Bros - we will not remove trans Harry Potter fanfic. Gabaldon - we are not removing Outlander fanfic no matter how much you think it’s illegal or a personal violation. Yarbro, if someone puts “The Adventure of the Gentleman in Black” on AO3, you will need to actually take it to trial to (try to) get it removed; none of this C&D order followed by fans caving because they can’t afford a lawyer.…So far, nobody has sued them. (This is, in my mind, the strongest proof we have that fanfic is not copyright infringement. In 13 years, not a single person or company has scrounged up a lawyer and filed a lawsuit against AO3/the OTW for hosting fanworks.)But they’re not willing to put themselves on the line for commercial works. Those get considered differently in copyright law. They’re not always infringing - there’s a whole history of parody books & songs to prove that - but the OTW is not dealing with them.The OTW does not care if fans are making money. The OTW cares if fans making money interfere with its legal defense of its archive. If you are not a copyright lawyer, your opinion about the situation is not going to be considered. -- source link