HIGHLA-L Digest - 14 Jul 2001 (#2001-198)

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      There are 12 messages totalling 595 lines in this issue.
      
      Topics of the day:
      
        1. K/S, sociology and other stuff (Was: ATTN: All Fan Fic writers) (4)
        2. ATTN: All Fan Fic writers (3)
        3. HIGHLA-L Digest - 14 Jul 2001 - Special issue (#2001-197)
        4. K/S,             sociology and other stuff (Was: ATTN: All Fan Fic
           writers) (2)
        5. Morality
        6. K/S,              sociology and other stuff (Was: ATTN: All Fan Fic
           writers)
      
      ----------------------------------------------------------------------
      
      Date:    Sat, 14 Jul 2001 19:22:22 -0400
      From:    Sandy Fields <diamonique@earthlink.net>
      Subject: Re: K/S, sociology and other stuff (Was: ATTN: All Fan Fic writers)
      
      At 06:54 PM 07/14/01, Marina Bailey wrote:
      
      >I'm with you on that, Sandy. But it's easy to get them confused, because
      >a lot of people simply state that they don't like slash, and a lot of
      >fans (myself included) are so used to being told that we shouldn't like
      >it, write it or read it that we assume that people who say they don't
      >like slash are trying to make us stop writing/reading/liking it.
      
      I assumed that was the reason for it; and it's quite understandable.  Maybe
      if we all tried to pay closer attention to what each individual is actually
      saying in their posts, and try to only respond to that individual's words
      or point of view... it would make these discussions a little easier for all
      of us.
      
      
      >However, I know for a fact that Wendy doesn't like slash on other
      >grounds. So I feel I can argue with her about it.
      >
      >Does that make sense?
      
      Yep!  It makes a lot of sense!
      
      >Someone else said (and it might not be the case here) that it's often
      >the slash-haters who bring it up. WHY would they do that?? In the
      >hope that the actor will be shocked and disassociate himself from
      >the slash fans?
      
      I think it's probably in the hope that the actor would publicly slide with
      them (the slash-haters) and thereby somehow validate their
      position.  Doesn't make much sense to me, but there ya go!
      
      And I also remember a fanfic writer who handed Jim Byrnes a fanzine at a
      con.  I don't remember whether it was slash or not, but I do recall that it
      was erotica and it was based on the Joe Dawson character.  Jim wasn't
      shocked or surprised by it... but most of the fans were
      shocked/surprised/pissed off at this person for giving him the fanzine,
      especially since many of the writers had not given their permission for
      such a 'presentation'.  I'm sure some of the old-timers here will remember
      what I'm referring to.
      
      -- Sandy (who dislikes slash for the same reasons as Wendy)
      
      ------------------------------
      
      Date:    Sat, 14 Jul 2001 19:29:52 EDT
      From:    Bizarro7@aol.com
      Subject: Re: ATTN: All Fan Fic writers
      
      In a message dated 7/14/01 9:51:42 AM Eastern Daylight Time, Dotiran@aol.com
      writes:
      
      << Those philosphers and theologians who reject moral relativism [which is a
       broader topic than "morality"] believe that although all 50 of us in the room
       will see perhaps a different side/part/angle on that 2 ton elephant in the
       room --so that none of us may see the entire picture,-- nonetheless there IS
       an elephant, a truth there, "objectively" present and it can eventually be
       known. >>
      
      Well then, by that definition, we are in complete agreement on this
      particular point. I have no problem with the concept (if I'm understanding
      you properly) that all of those individual, very different perceptions of a
      reality may hint at a universal truth. My only *problem* is when one group
      declares that universal truth to be of a particular nature, and that everyone
      else's conclusion is not only wrong, but that questioning or opposing that
      perception is going to send you straight to damnation.
      
      To give a frivolous metaphor, there may be one 'team' of people who believe
      that the only REAL form of Jello is Strawberry Jello. No other forms of Jello
      brand gelatin can accurately be accepted as real Jello. And if you pick
      another brand of gelatin, so much the worse!
      
      The parallel, of course, is an invisible diety. If you belong to a particular
      'flavor' of organized religion with the zeal of some fundamentalists, any
      other 'flavor' (sect, denomination, intensity) of that popular organized
      religion is a false, twisted abomination, and not 'real'. And heaven forbid
      if you belong to a different religion!
      
      Now, extend the metaphor a little further. You declare that the only one,
      true Jello is Strawberry Jello, and you tell everyone at every opportunity
      that if they do not change their opinion to your way of thinking, they are
      going straight to hell. In fact, the leaders of your country believe as you
      do. They tell you the country neighboring yours are Lime Jello fans, and they
      organize an army, declare a crusade or war,  and march on the neighbors. Any
      casualties are justified because these infidels like Lime Jello...or even
      *shudder* pudding! Subhuman. Damned. Not sure what flavor of jello a
      particular village likes? Kill em all, says your spiritual leader, and let
      god sort 'em out. So what if there's no material proof that Strawberry Jello
      is the only real one? You *believe*, and your faith is enough.
      
      Jello, of course, is not spirituality. Religion is monumentally more serious
      and important than a dessert. But the logic is exactly the same. To someone
      who is having Strawberry Jello legislated into the laws of their country,
      told that Strawberry Jello is the only way and that any other choice is
      immoral, the whole thing becomes intrusive.
      
      (Me, I'm a ladyfingers fan, myself...)
      
      ------------------------------
      
      Date:    Sat, 14 Jul 2001 18:24:16 -0500
      From:    Gina Shaw <ginadc@ix.netcom.com>
      Subject: Re: HIGHLA-L Digest - 14 Jul 2001 - Special issue (#2001-197)
      
      Annie:
      ><< > Personally, I don't consider myself judged by any sort of universal
      >"truth"
      
      Dotiran:
      > Then we better hope you are right :)
      >  >>
      
      Annie again:
      >Actually, no. The only person who has to worry about whether or not I am
      >"right" is *me*. And that suits me just fine. I don't need anyone else to
      >bother their head over whether or not my version of reality, morality and
      >truth fits theirs. Thanks for the thought, though. ;-)
      
      :: applause :: I am utterly flummoxed by people who seem to think that a)
      there is only one right and true set of "moral" principles (usually, I
      would note, handed down by a religious faith and held to be unavailable to
      those who do not practice religion); b) they have personally found that one
      right and true set of "moral" principles, c) I should adhere to those same
      "moral" principles, and d) it is their business whether I do or not.
      
      And I would disagree with Nina that DM is necessarily utterly and strictly
      moral--or at least that he did not believe in a certain degree of moral
      relativism. (In a desperate attempt to keep this at least marginally on
      topic.) Yes, he had his own rather strict moral code--though he seemed to
      violate it fairly often. He was strict on some things, such as honor and
      responsibility for one's actions, and he was often a lot stricter with
      *himself* than he was with others. Sometimes he was inconsistent. Sometimes
      he realized he was wrong. But as much as he tried to convince various
      people like Annie Devlin, Amanda, Richie, Methos, et al. to see the world
      his way, neither did he judge them as being "less moral" than he. Frankly,
      the whole Highlander world seemed often to be about those shades of gray
      that someone (was it Annie?) was talking about earlier, and learning not to
      look at the world in absolutes. Living hundreds or thousands of years seems
      to teach that lesson.
      
      Gina (who's had plenty of people tell her she's going to ... that place,
      and has decided that they must all have visited already themselves to be so
      sure of the entry requirements)
      
      ------------------------------
      
      Date:    Sun, 15 Jul 2001 00:36:01 +0100
      From:    Jette Goldie <jette@blueyonder.co.uk>
      Subject: Re: ATTN: All Fan Fic writers
      
      John says
      > Making the assumption that there aren't any guests attending the Reunion
      Con
      > who will be mortally offended by the LACK of slash questions,
      
      Nah, Rich and Max ain't coming, are they?  ;-)
      
      Jette
      (Richard Ridings Choral Society)
      Glory may be fleeting, but obscurity is forever!
      bosslady@scotlandmail.com
      http://www.jette.pwp.blueyonder.co.uk/fanfic.html
      
      ------------------------------
      
      Date:    Sun, 15 Jul 2001 00:38:30 +0100
      From:    Jette Goldie <jette@blueyonder.co.uk>
      Subject: Re: K/S,
               sociology and other stuff (Was: ATTN: All Fan Fic writers)
      
      Marina
      > Someone else said (and it might not be the case here) that it's often
      > the slash-haters who bring it up.
      
      Definately NOT in this case - she was a slash fan who wanted
      some kind of "confirmation".
      
      Jette  (was there)
      Glory may be fleeting, but obscurity is forever!
      bosslady@scotlandmail.com
      http://www.jette.pwp.blueyonder.co.uk/fanfic.html
      
      ------------------------------
      
      Date:    Sun, 15 Jul 2001 00:43:06 +0100
      From:    Jette Goldie <jette@blueyonder.co.uk>
      Subject: Re: K/S,
               sociology and other stuff (Was: ATTN: All Fan Fic writers)
      
      Sandy
      
      > And I also remember a fanfic writer who handed Jim Byrnes a fanzine at a
      > con.  I don't remember whether it was slash or not, but I do recall that
      it
      > was erotica and it was based on the Joe Dawson character.  Jim wasn't
      > shocked or surprised by it... but most of the fans were
      > shocked/surprised/pissed off at this person for giving him the fanzine,
      > especially since many of the writers had not given their permission for
      > such a 'presentation'.  I'm sure some of the old-timers here will remember
      > what I'm referring to.
      
      It was mostly het with one slash story - Methos/Joe.
      
      ("Backstage Pass" was the name of the 'zine)(thankfully I missed
      the submission deadline, so there's nothing by me in it <g>)
      
      Jette
      Glory may be fleeting, but obscurity is forever!
      bosslady@scotlandmail.com
      http://www.jette.pwp.blueyonder.co.uk/fanfic.html
      
      ------------------------------
      
      Date:    Sat, 14 Jul 2001 19:57:45 EDT
      From:    Bizarro7@aol.com
      Subject: Re: K/S, sociology and other stuff (Was: ATTN: All Fan Fic writers)
      
      In a message dated 7/14/01 2:50:11 PM Eastern Daylight Time,
      lloschin@sprynet.com writes:
      
      << "Marina Bailey" <fdd-tmar@NETACTIVE.CO.ZA>
      
       > >I can think of one HL actor who was totally thrown off guard by the
       > >discovery of slash..and he wasn't any 18 year old kid.
       >
       > Who? Who?? (You can tell me - it won't affect my slashy-fan-ness one
       bit.)
      
       No big secret here that Valentine Pelka was quite unhappy.  He is a
       very religious and conservative person.
      
       And, of course, he'd never have been the wiser if some idiot "fan"
       hadn't asked him about it during a Q&A. >>
      
      Glad you brought this up. The fan in question brought it up because they were
      notoriously anti-slash and wanted to bring it to the actor's attention. They
      had appointed themselves his moral watchdog or something, and were probably
      expecting a biscuit. I know there are other circumstances, but in every
      instance I've ever heard of where a fan brought the existence of slash to the
      attention of an actor, it was the same story; they were hoping to elicit the
      same outrage at the stuff that they felt, and thought it would bring them
      some 'brownie points' from the object of their affection.
      
      Leah CWPack
      
      ------------------------------
      
      Date:    Sat, 14 Jul 2001 20:04:32 EDT
      From:    Bizarro7@aol.com
      Subject: Re: Morality
      
      In a message dated 7/14/01 4:41:36 PM Eastern Daylight Time, Dotiran@aol.com
      writes:
      
      << Ashton7@aol.com writes:
      
       > Personally, I don't consider myself judged by any sort of universal
      "truth">
      
      
       >>Then we better hope you are right :)<<
      
      The only real point of difference here, Rottie, is reflected in your choice
      of one single word: "We."
      
      Simply put, my philosophy is "Please feel free to regard me as hopelessly
      hellbound. It's not contageous. Now let's change the subject."
      
      Leah CWPack
      
      ------------------------------
      
      Date:    Sat, 14 Jul 2001 20:06:36 EDT
      From:    Bizarro7@aol.com
      Subject: Re: K/S, sociology and other stuff (Was: ATTN: All Fan Fic writers)
      
      In a message dated 7/14/01 6:54:55 PM Eastern Daylight Time,
      fdd-tmar@netactive.co.za writes:
      
      << I remember someone talking about how David Gerrold (I think) was
       disgusted by slash and persisted in holding up slashy pictures (or was
       it reading from slashy zines, something like that) at conventions
       despite pleas from fans that they didn't want it discussed, and that
       there were children present. Somehow, I don't think he got much sympathy
       for his 'cause' that way. >>
      
      Ah, David Gerrold. All the charm and modesty of Harlan Ellison with one
      quarter of the talent.
      
      Memories.
      
      Leah CWPack
      
      ------------------------------
      
      Date:    Sun, 15 Jul 2001 01:06:32 +0100
      From:    "John Mosby (B)" <a.j.mosby@btinternet.com>
      Subject: Re: K/S,
               sociology and other stuff (Was: ATTN: All Fan Fic writers)
      
      Actually, it was brought up first by a member of the Chronciles audience who
      was a slash fan.
      
      I've no idea whether subsequent mentions were by fans or 'moral watchdogs'.
      
      John
      
      ----- Original Message -----
      From: <Bizarro7@aol.com>
      To: <HIGHLA-L@LISTS.PSU.EDU>
      Sent: Sunday, July 15, 2001 12:57 AM
      Subject: Re: [HL] K/S, sociology and other stuff (Was: ATTN: All Fan Fic
      writers)
      
      
      > In a message dated 7/14/01 2:50:11 PM Eastern Daylight Time,
      > lloschin@sprynet.com writes:
      >
      > << "Marina Bailey" <fdd-tmar@NETACTIVE.CO.ZA>
      >
      >  > >I can think of one HL actor who was totally thrown off guard by the
      >  > >discovery of slash..and he wasn't any 18 year old kid.
      >  >
      >  > Who? Who?? (You can tell me - it won't affect my slashy-fan-ness one
      >  bit.)
      >
      >  No big secret here that Valentine Pelka was quite unhappy.  He is a
      >  very religious and conservative person.
      >
      >  And, of course, he'd never have been the wiser if some idiot "fan"
      >  hadn't asked him about it during a Q&A. >>
      >
      > Glad you brought this up. The fan in question brought it up because they
      were
      > notoriously anti-slash and wanted to bring it to the actor's attention.
      They
      > had appointed themselves his moral watchdog or something, and were
      probably
      > expecting a biscuit. I know there are other circumstances, but in every
      > instance I've ever heard of where a fan brought the existence of slash to
      the
      > attention of an actor, it was the same story; they were hoping to elicit
      the
      > same outrage at the stuff that they felt, and thought it would bring them
      > some 'brownie points' from the object of their affection.
      >
      > Leah CWPack
      
      ------------------------------
      
      Date:    Sat, 14 Jul 2001 14:45:08 -1000
      From:    Geiger <geiger@maui.net>
      Subject: Re: ATTN: All Fan Fic writers
      
      me before--
      > >>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? <<
      
      Jo--
      > You can find the entirety of the copyright law here:
      > http://www.loc.gov/copyright/title17/ SNIP
      > 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
      
      No, no, no.  I asked YOU to discuss Fair Use as applied to fanfic.
      Regurgitating 3 websites is not at all the same thing.  I was hoping for
      some original thought on the issue.  Of course, original thought is HARD,
      just like creating one's own fictional universe & populating it w/ original
      characters is HARD.  It's much easier to glom onto someone else's hard work
      & creativity & just use that.
      
      Just to get you started, here's the Fair Use provision from the govt. site
      above--
      >>>§ 107. Limitations on exclusive rights: Fair use38
      Notwithstanding the provisions of sections 106 and 106A, the fair use of a
      copyrighted work, including such use by reproduction in copies or
      phonorecords or by any other means specified by that section, for purposes
      such as criticism, comment, news reporting, teaching (including multiple
      copies for classroom use), scholarship, or research, is not an infringement
      of copyright. In determining whether the use made of a work in any
      particular case is a fair use the factors to be considered shall include-
      (1) the purpose and character of the use, including whether such use is of a
      commercial nature or is for nonprofit educational purposes;
      (2) the nature of the copyrighted work;
      (3) the amount and substantiality of the portion used in relation to the
      copyrighted work as a whole; and
      (4) the effect of the use upon the potential market for or value of the
      copyrighted work.
      The fact that a work is unpublished shall not itself bar a finding of fair
      use if such finding is made upon consideration of all the above factors.>>>
      
      The law states pretty baldly the very few circumstances that can equal Fair
      Use--"criticism, comment, news reporting, teaching (including multiple
      copies for classroom use), scholarship, or research."  Which, exactly, of
      those does fanfic fall under?
      --Criticism?--nope
      --Comment?--nope
      --news reporting?--nope
      --teaching?--nope
      --scholarship?--nope
      --research?--nope
      Oops--out of options.  But, I'm eager to hear YOUR views & interpretations
      on this.
      
      
      Jo--
      > could
      > you provide us with citations to relevant case law
      > showing that fan fiction is excluded from the Fair Use
      > clause?
      
      Sorry, so far no fanfic writer has been stupid enough to force a case.  Of
      course, that could change at any time.  The Internet is quite likely to
      force franchise owners to be more zealous in protecting their rights.
      
      
      > Could you also provide for us proof of
      > economic damage caused by fan fiction?
      
      Copyright & trademark rights are not predicated on economic damage.  They
      grant exclusive rights on distribution, regardless of money changing hands.
      
      But, if even ONE fanfic reader decided she loves fanfic so much she prefers
      it to the licensed HL products & so no longer buys the licensed HL novels,
      tapes, etc. or goes to see the licensed movie (such as, say, because RR is a
      bit taller in fanfic than in the post-season 5 licensed offerings), then
      you've got economic damage to the franchise owner.
      
      
      Gina--
      >>>And I would disagree with Nina that DM is necessarily utterly and
      strictly
      moral--or at least that he did not believe in a certain degree of moral
      relativism. (In a desperate attempt to keep this at least marginally on
      topic.) Yes, he had his own rather strict moral code--though he seemed to
      violate it fairly often. He was strict on some things, such as honor and
      responsibility for one's actions, and he was often a lot stricter with
      *himself* than he was with others. Sometimes he was inconsistent. Sometimes
      he realized he was wrong. But as much as he tried to convince various
      people like Annie Devlin, Amanda, Richie, Methos, et al. to see the world
      his way, neither did he judge them as being "less moral" than he. Frankly,
      the whole Highlander world seemed often to be about those shades of gray
      SNIP>>>
      
      DM changed his mind, looked at different aspects, etc. but he ALWAYS made
      moral judgments & acted on them.  Sure, he was sometimes wrong, even in his
      own later view; the times changed & so did he.  As to Methos, DM's decision
      in the end to "forgive" him his Horsemen days was as much grounded in
      morality as his early shock & outrage were.  DM never accepted Amanda's
      behavior as morally sound--not in hundreds of years.  There's nothing in
      DM's character or the HL universe in general promoting the "it's fun &
      you're mean" or "what IS morality, really?" view that fanfic supporters have
      been touting here lately.
      
      
      Marina (about what Wendy wrote)--
      > Wendy wrote: (Not a 100% believer in the concept of "if you don't like it,
      don't look".)
      >Could you explain that a bit more? Cause I don't think I get it.
      
      I'm sure Wendy will respond for herself, but the problem I have w/ the "if
      you don't like it, don't look" excuse is that the franchise owners, actors,
      etc. don't HAVE that option.  Even if they never look at fanfic/slash
      (again), they still know it's out there, & they are entitled to believe it
      undermines their ownership rights or careers.
      
      
      John--
      >>>Making the assumption that there aren't any guests attending the Reunion
      Con
      who will be mortally offended by the LACK of slash questions, then who cares
      about the people who would want to ask slash questions knowing that some
      guests WILL be offended and who now can't?>>>
      
      I don't WANT slash questions asked at cons--ick.  But, Lynn said--"Yes, we
      have several common-sense limitations that we hope will make the experience
      better for everyone."  Now, that's obviously not the case, since
      pro-slash-askers will NOT have a better experience it this rule restricts
      them.  Do I care about them?  No, but Lynn goofed, & it's my job to watch
      her.  (She would be so disappointed if I didn't.)
      
      Also, I find it hypocritical to sweep fanfic/slash under the rug at cons,
      because it bothers the GOH so very much, if (& it seems to, judging from
      comments here) that makes the fans in favor of it feel better about it all.
      I just don't think doing something surreptitiously makes it right.  And
      doing something "surreptitiously" ON THE INTERNET is just nuts.
      
      Nina
      geiger@maui.net
      
      ------------------------------
      
      Date:    Sat, 14 Jul 2001 14:55:56 -1000
      From:    Geiger <geiger@maui.net>
      Subject: Re: K/S, sociology and other stuff (Was: ATTN: All Fan Fic writers)
      
      Lynn--
      >  No big secret here that Valentine Pelka was quite unhappy.  He is a
      >  very religious and conservative person.
      
      Um--why do you assume that's relevant to his reaction to slash?  As opposed
      to professional concerns, or others things totally?
      
      Lynn--
      >And, of course, he'd never have been the wiser if some idiot "fan"
      >hadn't asked him about it during a Q&A.
      
      Yet, whatever it is about slash that bothers him would still exist, even if
      he had remained ignorant.  If my hubby's cheating on me--I need to know,
      though being told wouldn't be pleasant for anyone & all sorts of problems
      might ensue.  I'd hope not to be told publicly, but I'd hope to be told.
      
      Leah (about the above)--
      > Glad you brought this up. The fan in question brought it up because they
      were
      > notoriously anti-slash and wanted to bring it to the actor's attention.
      
      Jette (ditto)--
      >Definately NOT in this case - she was a slash fan who wanted
      > some kind of "confirmation".
      
      John (ditto)--
      >Actually, it was brought up first by a member of the Chronciles audience
      who
      >was a slash fan.
      
      Interesting disagreement....
      
      Annie & then Marina--
      > he just wanted it
      >clear that if the fans thought about it that way, it was in *their* minds
      and
      >not what was intended to be portrayed *on the screen*. I think that most
      fans
      >"get" that concept, even the ones who love slash the most.
      
      >Exactly! That's it! Slash fans *know* that slash is in the eye of
      >the beholder.
      
      Really?  Because that's not what I've gathered from previous slash
      "discussions."  Those in favor of it always tended to force the view that it
      was _there_ on screen (always trotting out the same few scenes) for anyone
      not too stupid &/or homophobic to see it.  So, that's not the case?  Slash
      writers are making it all up?
      
      Nina
      geiger@maui.net
      
      ------------------------------
      
      End of HIGHLA-L Digest - 14 Jul 2001 (#2001-198)
      ************************************************
      
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