Travis Butler Wrote:

The 'officially' aware was one part I wasn't sure of; whether the author
seeing fanfics on a newsgroup or an FTP archive would be considered
'awareness' that would force the author to defend the copyright. I know
JMS plays this very cautiously on the net groups, and has dropped out of
groups when there was a chance of seeing story ideas.

This brings up another issue...

The reason that JMS often drops out of newsgroups/ML's/etc that might
feature Babylon 5 Fanfiction is twofold.

Number one, he can maintain his deniability, and from a legal standpoint in
that vein, JMS tends to err on the side of caution.

This is the BASIS of the SECOND, and MOST important reason.  JMS got his
start writing for television... he has done scripts for countless shows,
including lots of cop shows, and the New Twilight Zone, just to name a
couple.

Now the scriptwriting indistry is one which breeds more that a small amount
of paranoia.  A LOT of people can get similar ideas at the same time, and
work them into scripts.  More than a few time consuming and *expensive*
lawsuits are a result of one writer seeing a script that resembles an idea
that HE pitched to the producers, and was turned down.  Of course, they
must be stealing his idea.

Sometimes, they DO steal someone's idea, and the resultant lawsuits are
expensive and ugly.

Sometimes, they DON'T steal the idea, they just got a similar one from
someone else, and the resultant lawsuits are expensive and ugly.

See a pattern forming here?

Joe (JMS) is justifiably worried that if he is KNOWN to read these
newsgroups, that John Q Bab5Fan will see the plot to the last fanfic he
posted in an upcoming episode, and sue JMS (!) for stealing the idea!

Don't laugh!  It HAS happened! (not with B5, but the court cases in LA are
FULL of examples.)

And, the sad truth is, there are few people that can compete with rabid
fanfic authors for density when it comes to story ideas.  [Someone else had
this idea too?  HA!  This is a *completely* original idea!  How DARE you
imply...]

So it is easy to see why JMS would run like bloody hell away from these
groups.  He is a wise man, who has learned (some things) from experience.
(not that he doesn't have a long way to go, just like everyone else! ^_^)



And if an author DOES see fan fiction on a newsgroup, or the web etcetera,
that does NOT threaten the validity of the copyright - it is post facto.
The author can even comment on the piece if they like, since their
discovery was after the fact of creation and distribution, and there is
obviously no profit motive involved.  They CAN still sue if they wish to,
but they are not REQUIRED to do so.


Hope that helps.  (See?)  Zen *CAN* shut up before he hits the 10K mark!

True... I was just trying to point out that it was used as a defence and
it didn't work.

Nope!  It sure didn't! ^_^

Eeeeeepppp!  Zen has just noticed how long this... this dissertation has
gotten.

Gomen nasai!  Zen is sorry for rambling!

(Yeeesh! - Zen's a wordy bastard...)

Gomen ne!

Zen will shut up now.

Zen the Heretic-

Heyo, Zen! Welcome to Lecturer's Anonymous. Here, pull up a chair and sit
down.

(Where did you think I *got* this nickname, anyway?

Well, this was *one* of the reasons, at least. Ace being another.)

Ace R00LZ!  Nitro Nine Forever!  (Though, Zen always had a soft spot for
Zoe Herriot....)


Zen the Heretic-