Considering having a change of heart

I learned once, in the context of spirituality, to ask myself the question: “Is it possible that there is something i do not fully understand … the understanding of which could change everything?”

I think that could apply to this LJ/6A situation too. Having just read The terrible secret of Livejournal i think i have just realised something. I need a little more time to think about it, and the implications, but in a nutshell it says that Six Apart have done fandom a huge favour by not saying what’s legal and what’s illegal. I think one paragraph of the article sums it up very well:

The best thing Six Apart could do for fandom is basically what they did. They said “We will obey the law.” They have to say that. They didn’t say what the law actually entails, which means they didn’t admit to knowing what the law actually entails, and they didn’t force us all to have the very unfortunate discussion of how much fandom material is actually legal. They said “We will ban anyone we know is doing illegal things through Livejournal.” They also have to say that. They didn’t say how strongly they have to know you’re doing illegal things to warrant a ban. They didn’t say it – because it would be suicide – but they came as close as they possibly could to saying, “If you make sure we don’t see it, we’ll let you post what you want to post. And we’ll try hard not to look until we’re forced to.”

I still don’t think Six Apart handled the situation very well; permanently deleting was a bit much in my opinion, i don’t like the underhand removal of the strikethrough, i can’t believe it took them 5 days to even acknowledge they’d noticed something was going on … and i am still waiting for a public apology from burr86. Add to that all the other things i’ve disliked about LiveJournal over the years, and i am very happy to be out of it. But i have definitely softened my opinion of Six Apart since reading that article and considering what i did not fully understand.

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9 comments on “Considering having a change of heart

  1. *Facepalm* Fiction isn’t illegal. Two fictional teenagers having sex with each other isn’t illegal. They’re fictional characters; THEY AREN’T REAL! Fictional stuff like this is protected under the law cause it’s not real!

    *headdesk, hard*

  2. Well, that’s what i thought until i read the article. Which pointed out that a court of law isn’t full of fandomers, and they don’t think the same way as we do.

    I guess LJ/6A have to err on the side of caution, and have done so in the case of the two pictures which were reported. I certainly think that banning for life with no warning was ridiculously extreme (a simple “please would you remove this picture” would have sufficed) but at least i understand now a bit better why they have done what they’ve done.

  3. If there was a court case based on fanfiction made for noncommercial use it would be dropped in a heartbeat. It treads in the waters of copyright infringement but realistically noone would have a real case about it cause the person isn’t profitting from it.

    I read the article and it’s a bunch of overly hysterical BS.

    If fiction were so incredibly illegal both the US and the UK versions of Queer as Folk never would have aired on tv. In the US version, in the first episode of the first season, Brian (late 20’s) sleeps with Justin (who later admits to being only 17). Brian also describes a locker room shower scene where he sucks off his gym teacher when he was in high school. I’m pretty sure that would be illegal if it wasn’t a fictional story.

  4. Yeah, now i’m starting to agree with you. They’re treading a extremely fine line. And now i’m getting all worked up about those pro-ana comments and rachel plagiarising another user’s comments.

    You’re right about the QaF – and all the other published works that would be illegal if they weren’t fiction. So it must be the copyright that 6A are worried about. Grrr.

  5. I have a WordPress blog, but I don’t really care for their system, I find it rather cluttered and annoying. The more I use it the more I feel bombared with things.

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