heidi: (chess)

Today has been an absolutely magnificent perfect storm of things that are partially about fannish creativity and legal issues. Basically, within a fifteen minute time frame of my life today, I did an analysis of copyright language,  got a text that the ruling in the Google Books case was in and it was a massigve victory for Fair Use and transformative works in so many ways that can be analogized to fanfic, and *then* while I was sitting in my car tweeting about it, the Amazon delivery guy arrived with my copy of FIC: Why Fanfiction Is Taking Over the World (and if you haven't started Following FIC editor Anne Jamison on tumblr yet, today is the day to!).


Transformatives working... )
heidi: (JustMyType)
I know that some people believe that if TPTB (the powers that be) ask a fan to stop doing something, the fan(s) in question should immediately stop, no questions asked (except maybe to confirm that the request really came from TPTB and isn't a hoax).

Last week, Hasbro sued the guys who created Scrabulous as a Facebook app, claiming copyright and trademark infringement. So now, there's a lot of irate former Scrabulous users who are calling for a boycott of Hasbro, a return of Scrabulous, etc.

No, the situations aren't completely analogous, but there are similarities - the IP owner is upset about an action they view as infringing and asks the entity they believe infringing to stop and....

Do you think that the Scrabulous creators - who are fans of the Scrabble game (which is protected by copyright and trademark laws), who created something similar and yet with strong and obvious differences - should have removed their game as soon as Hasbro asked them to?

[Poll #1232503]

I'm really curious as to what people who have legal backgrounds would think and do, versus what lay-people would think and do, but I'm not really sure how to ask that in the poll without it getting very unwieldy.

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