HIGHLA-L Digest - 13 Jul 2001 (#2001-195)

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      There are 11 messages totalling 480 lines in this issue.
      
      Topics of the day:
      
        1. OT: Do not go gently....
        2. HL Store (2)
        3. Belated ADMIN: Endgame Spoiler lifetime is over
        4. Wendy's The List Weasel new bar ?
        5. ATTN: All Fan Fic writers (6)
      
      ----------------------------------------------------------------------
      
      Date:    Fri, 13 Jul 2001 18:28:46 +0100
      From:    "John Mosby (B)" <a.j.mosby@btinternet.com>
      Subject: Re: OT: Do not go gently....
      
      Hmmmm. Two messages mixed up there. Sorry. Friday 3th and all that!
      
      *sigh* (tm)
      
      ----- Original Message -----
      From: "John Mosby (B)" <a.j.mosby@BTINTERNET.COM>
      To: <HIGHLA-L@LISTS.PSU.EDU>
      Sent: Friday, July 13, 2001 5:32 PM
      Subject: Re: [HL] OT: Do not go gently....
      
      
      > Sorry. Brainfart.
      >
      > (Still recovering from Nocturnal ) ;)
      >
      >
      > I mean on the Saturday night! We spoke on the Friday
      > ----- Original Message -----
      > From: "Elaine Nicol" <ElaineN@compuserve.com>
      > To: <HIGHLA-L@LISTS.PSU.EDU>
      > Sent: Friday, July 13, 2001 12:36 PM
      > Subject: Re: [HL] OT: Do not go gently....
      >
      >
      > > >> I WAS at Nocturnal. Dang. Which vampire/Darla/Dru were you?
      > >
      > > :)
      > > John <<
      > >
      > > I know you were, we spoke for long enough.   You just weren't there when
      > > that conversation came up.
      > >
      > >  >> (went as a journalist....scary) <<
      > >
      > >  I spent most of that con with journalists which is even more
      scary...<EG>
      > >
      > > Elaine.
      
      ------------------------------
      
      Date:    Fri, 13 Jul 2001 13:35:24 EDT
      From:    Ashton7@aol.com
      Subject: Re: HL Store
      
      In a message dated 7/13/01 10:55:53 AM Eastern Daylight Time,
      lloschin@sprynet.com writes:
      
      << No, the official HL store will not be at Reunion.  Holzheimer's will
       be there and they are the Store's licensee, and can get hold of many
       of their items.   If you are interested in something in particular I
       recommend contacting them ahead of time as they don't bring every item
       to every con, but can probably bring something in particular upon >>
      
      Also, there is a company that sells Highlander merchandise on Ebay. They are
      not the Highlander Store. I bought a couple of older catalog items from them
      a couple of months ago and they seemed very reliable. I received the
      merchandise very quickly. So, it doesn't hurt to search on Ebay for some of
      the items. I also paid a lot less than the catalog price for the items.
      
      Annie CWPack
      
      ------------------------------
      
      Date:    Fri, 13 Jul 2001 18:12:59 +0100
      From:    Jette Goldie <jette@blueyonder.co.uk>
      Subject: Re: Belated ADMIN: Endgame Spoiler lifetime is over
      
      > It just dawned on me that I never ended the Spoiler lifetime on
      > "Highlander: Endgame". Sorry. I do believe that it has been released
      > in most if not all of the countries of people who belong to this list
      > and that ten months should definitely have covered it for most
      > people. The last release that the Internet Movie Database shows was in
      > Lithuania on May 25th.
      
      But not in Britain.  Lithuania but not Britain - and not
      the Netherlands either from what I'm told by my Dutch
      friends.
      
      Jette
      Glory may be fleeting, but obscurity is forever!
      bosslady@scotlandmail.com
      http://www.jette.pwp.blueyonder.co.uk/fanfic.html
      
      ------------------------------
      
      Date:    Fri, 13 Jul 2001 16:03:24 -0400
      From:    "Terry L. Howard" <howardtl@muohio.edu>
      Subject: Wendy's The List Weasel new bar ?
      
      While looking at a What on Earth catalog, www.whatonearthcatalog.com, I
      found a sweatshirt for the "3 Ferrets bar &  Grill in Cornwall, England. I
      couldn't help but wonder what  Wendy been up to in the UK.
      
      
      
      Terry L. Howard
      MCIS Network Operation Center
      113 Hoyt Hall
      
      "I had a great idea this morning, but I didn't like it."
      - movie mogul Samuel Goldwyn
      
      ------------------------------
      
      Date:    Fri, 13 Jul 2001 11:48:31 -1000
      From:    Geiger <geiger@maui.net>
      Subject: Re: HL Store
      
      Annie--
      > Also, there is a company that sells Highlander merchandise on Ebay. They
      are
      > not the Highlander Store. I bought a couple of older catalog items from
      them
      > a couple of months ago and they seemed very reliable. I received the
      > merchandise very quickly. So, it doesn't hurt to search on Ebay for some
      of
      > the items. I also paid a lot less than the catalog price for the items.
      
      That's Closeout Store.  As the name implies--they mostly sell stuff that
      won't be in the HL:Store catalogs anymore.  But, they also sell some basics
      that are not being discontinued.  I've had great results buying from them,
      too.
      
      In fact, I'll likely never buy from the HL:Store again.  EBAY in general has
      scads of HL stuff; if you check regularly & are willing to wait a bit, just
      about anything you could want will show up there, usually at a good price &
      in mint condition.  And, you can also find the odd & wonderful item of your
      HL dreams, that would NEVER be sold anyplace else....  The best part--no HL:
      Store nightmares.
      
      Nina
      geiger@maui.net
      
      ------------------------------
      
      Date:    Fri, 13 Jul 2001 18:03:26 -0400
      From:    KLZ <zklee@patriot.net>
      Subject: Re: ATTN: All Fan Fic writers
      
      >
      > << The only thing I can get from this argument is that parents should
      >  not let their kids surf the Net unsupervised. I have a 13 year-old
      >  cousin whose father still will not let her use the Net, even if her
      >  18 year-old brother is with her. Of course, this is a different
      >  argument. People always want society to do their jobs for them. "It's
      >  not the fault of lazy parents that their kid saw porn on the Net, no,
      >  porn is evil and people shouldn't show it!" >>
      >
      
      Hah.  Whippersnappers.  These kids today don't know from rules.
      Why, in *MY* day, we had advice books that advised a young lady
      to never ride in a carriage without a male relative, and
      recommended that, if the carriage were crowded, that she sit on a
      good thick catalog.
      
      :::: looking around at Listees who are staring strangely ::::
      
      Ahem.
      
      Usually, you can't display outright porn on the street or on TV
      where kids can see it easily.  You have to exert some effort to
      go into a movie theater, subscribe to "adult" TV channels, etc.
      A kid certainly might sneak in, but the intention of various
      ordinances seems to be that it's not right out there where people
      can stumble over it accidently.
      
      Many adult sites have an agreement that you have to read and
      agree with; I would imagine it's recorded somewhere.  I don't
      know if that's common practice.  The SPAM that I get in my AOL
      mailbox - sometimes the subject headers are borderline obscene in
      themselves.
      
      I don't think that's it's unreasonable to ask that people who
      build porn sites have at least the same amount of safeguard as
      porn businesses must have against accidental access.
      
      
      ZK (Hill.  Rocks. Uphill. Both ways. huge snowdrifts. Didn't
      complain.)(Drinks at the 3 ferrets pub on Wendy!)(:::: clutching
      Stargate SG-1 Entire Season 1 DVD's tightly and gloating ::::)
      
      ------------------------------
      
      Date:    Fri, 13 Jul 2001 12:35:59 -1000
      From:    Geiger <geiger@maui.net>
      Subject: Re: ATTN: All Fan Fic writers
      
      Lynn--
      
      > Bill is definitely aware of the web boards and what's said on them.
      
      Ok, so speaketh Lynn.  That doesn't really help much w/ the point at hand.
      If you've spoken w/ BP about this, how DOES he feel about fanfic?  About
      slash?  In relation to DPP's franchise rights, his personal tastes, fan
      relations, etc.?
      
      And, are there limitations on the Q&A sessions at Reunion?  Specifically,
      are questions on fanfic/slash allowed?  If not, is that due to requests from
      the GOHs, or per your personal sensibilities?
      
      Nina
      geiger@maui.net
      
      ------------------------------
      
      Date:    Fri, 13 Jul 2001 22:39:38 GMT
      From:    angelmyst@ntsource.com
      Subject: Re: ATTN: All Fan Fic writers
      
      At 06:03 PM 7/13/2001 -0400, ZK wrote:
      
      Usually, you can't display outright porn on the street or
      on TV
      where kids can see it easily.  You have to exert some
      effort to
      go into a movie theater, subscribe to "adult" TV channels,
      etc.
      A kid certainly might sneak in, but the intention of various
      ordinances seems to be that it's not right out there where
      people
      can stumble over it accidently.
      
      I don't think that's it's unreasonable to ask that people
      who
      build porn sites have at least the same amount of safeguard
      as
      porn businesses must have against accidental access.
      
      It's not unreasonable to ask this, but in terms of
      safeguarding our children against accidental viewing of
      porn such as subscribing to special adult channels and
      such, this is not the case in all countries from what I
      understand.  And the internet is all over the world not
      just a US comodity.
      
      >From talking to a great many people residing in countries
      other than the United States they find it amazing that
      human sexuality is regarded as such a horrible thing to be
      kept from our children but yet we allow the nightly news to
      show people being killed, dead bodies and violence.
      
      As the parent of an 11 year old daughter I feel that it is
      not societies job to police what she sees on the internet
      and what she does.  I take an active role as a parent in
      teaching her right from wrong and good from bad, I
      supervise her time on the internet.  And if she does happen
      across a porn site along the way, we have had them pop up
      just from doing searchs for mp3's,   well thats the way it
      is.  I would much rather her see that by accident than
      having her watch a film clip of a man shot down on the
      street.
      
      Just my 2 cents
      
      Kat
      
      ------------------------------
      
      Date:    Fri, 13 Jul 2001 12:55:53 -1000
      From:    Geiger <geiger@maui.net>
      Subject: Re: ATTN: All Fan Fic writers
      
      Trilby--
      > I think that all of us who write acknowledge know that it's illegal
      > and, to some degree, immoral.
      
      Thank you.  Maybe you & Diana should chat.
      
      >But I see it, by and large, as a
      > "victimless crime".
      
      As do the perpetrators of many crimes, I'd guess--though they do things
      you'd much rather weren't done to you.   Guess I'd be more convinced if we
      had the franchise owners, the actors, etc. say THEY think fanfic/slash is a
      victimless crime.
      
      > Another example:  I do drive over the speed limit as long as I'm
      > careful and the traffic will allow it, and I think I won't get caught.  I
      > know it's illegal.  I know it's to some degree immoral to knowingly
      > break the law.  I just don't happen to feel one bit guilty over it,
      > because nobody's getting hurt.
      > If I were to crash and (God forbid) injure another person and/or their
      > car while I'm speeding, than I deserve whatever punishment is
      > meted out to me, because I caused harm to come to another
      > person.
      
      But, if you kill someone while speeding, the dead person will still be dead.
      Your being punished after the fact won't change that & so won't right the
      wrong.  Similarly, skating along breaking any law or moral code just because
      it's fun & your friends are doing it & you probably won't get caught isn't
      really the point.  It's wrong, regardless, & you can't predict exactly WHAT
      will come of that or necessarily fix the results.
      
      >   -------------------  Trilby (who didn't quite realize how immoral she
      > could be till she started writing about breaking the rules and not
      > caring.  *G*)
      
      Well, now you know.
      
      
      Jo--
      > I believe my use is covered by the Fair Use provision.
      
      Ok, since I'm SURE your belief is based on something more than having heard
      that phrase bandied about & liking its ring, could you provide us w/ a
      summary of the Fair Use doctrine in the copyright/trademark context
      (origins, extent, limitations, etc.) & apply that to fanfic, please?
      
      
      Diana--
      >>>A valid argument on legality might at least make me
      think twice, but an argument based on morality?>>>
      
      The legal arguments HAVE been made here.  Copyright & trademark laws protect
      things like the HL universe from infringement by others, unless the use fits
      into certain narrow exceptions.  Fanfic doesn't.  It infringes on the legal
      rights of DPP.  It's illegal to distribute it.  Several fanfic writers have
      acknowledged that here--they just don't care.
      
      >>>Please.  I'll save my morality for _real_ issues like
      hate crimes and child abuse, and let others worry
      about the minutia.>>>
      
      Well, since you aren't (I assume) perpetrating hate crimes or abusing
      children, I'd think you could spare a look at the morality of what you ARE
      doing.
      
      Nina
      geiger@maui.net
      
      ------------------------------
      
      Date:    Fri, 13 Jul 2001 16:19:01 -0700
      From:    Lynn <lloschin@sprynet.com>
      Subject: Re: ATTN: All Fan Fic writers
      
      From: Geiger <geiger@MAUI.NET>
      
      >Lynn--
      >
      >> Bill is definitely aware of the web boards and what's said
      on them.
      >
      >Ok, so speaketh Lynn.
      
      Okay, I guess I'm lying, since you say so. Whatever.
      
      >That doesn't really help much w/
      >the point at hand.
      
      Sure it does.  He told me he knows what's posted on the boards,
      in fact, he knew about specific discussions on individual boards.
       Therefore it makes sense that he knows there is an *entire*
      board devoted to "chain stories."  I have no idea if he's ever
      looked at them (I doubt it) but I'd be very surprised if he doesn't
      even know that board exists.  You do have to navigate the menu
      that lists all the boards to get to specific ones.
      
      >And, are there limitations on the Q&A sessions at >Reunion?
      
      
      Yes, we have several common-sense limitations that we hope will
      make the experience better for everyone.
      
      >Specifically,
      >are questions on fanfic/slash allowed?
      
      It's posted on the web site, but the answer is no, it's not allowed,
      nor has it been allowed at any convention I'm aware of in the
      past few years.
      
      >If not, is that due to requests from
      >the GOHs, or per your personal sensibilities?
      
      Neither -- it hasn't come up with any of the guests, and my sensibilities
      don't have anything to do with it.  My experience from being
      on the staff at a number of conventions and from attending many
      others is that questions about fanfic are not welcome by at least
      some of the guests, and like questions about the guests' personal
      lives, are best avoided.
      
      Lynn
      (yeah, I know, Leah, I know...)
      
      ------------------------------
      
      Date:    Fri, 13 Jul 2001 18:28:38 -0700
      From:    J Raumo <jraumo@yahoo.com>
      Subject: Re: ATTN: All Fan Fic writers
      
      Nina writes:
      
      >>Ok, since I'm SURE your belief is based on something
      more than having heard that phrase bandied about &
      liking its ring, could you provide us w/ a summary of
      the Fair Use doctrine in the copyright/trademark
      context (origins, extent, limitations, etc.) & apply
      that to fanfic, please? <<
      
      I believe I've already done that but in the interests
      of civility I'd be glad to do so again.
      
      You can find the entirety of the copyright law here:
      
      http://www.loc.gov/copyright/title17/
      
      Fair use is detailed in section 107 of Chapter 1.
      
      A good summary of Fair Use and how it applies to fan
      fiction is at:
      
      http://users.erols.com/tushnet/law/fanficarticle.html
      
      Marina provided another good summary of how Fair Use
      applies to fan fiction.   It can be found at:
      
      http://www.geocities.com/cc_ssd/copyright.html
      
      
      Nina writes:
      
      >>Copyright & trademark laws protect things like the
      HL universe from infringement by others, unless the
      use fits into certain narrow exceptions. Fanfic
      doesn't. It infringes on the legal rights of DPP. It's
      illegal to distribute it. <<
      
      This is your opinion.   Now since I'm sure that your
      opinion is based on something more than having heard
      the phrases bandied about and liking their ring could
      you provide us with citations to relevant case law
      showing that fan fiction is excluded from the Fair Use
      clause?  Could you also provide for us proof of
      economic damage caused by fan fiction?
      
      
      Jo Raumo
      
      
      
      
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      ------------------------------
      
      End of HIGHLA-L Digest - 13 Jul 2001 (#2001-195)
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