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for The Importance Of Public Domain

3/8/2006 c1 78WinterDeity
Keep it coming (like you wouldn't)! There are never enough negative essays about people who mutilate other people's work unfairly. By the way, great use of outside information!~Winter~
10/24/2005 c1 47Dave500
though i rarely vist the the story section so i don't know much about this, still this is a very good essaywell co9nstructed

thanks for reviewing my work
8/11/2005 c1 55The Watched
Fanfiction is fiction which uses one or more characters from a book, movie or TV show, or uses the same universe, technology etc...Basically, fanfiction is that which takes the idea of another writer and uses it to create a piece of fiction, which varies immensely in form and style from one piece to another: but if it is based on the idea of another writer (and we're not just talking inspiration, before anyone mentions it; we're talking the actual universe, characters etc.) then it is fanfiction.

And for the record, raptor's story was fanfiction. Why not post it on fanfiction.net, where he'll probably find a better audience for it? Unless of course he's just being stubborn by now...
7/7/2005 c1 Mbwun
Actually, I believe the use of the title "Star Wars" would be the only thing copyright law *would* allow raptor to do. In general, the actual titles are usually un-copyrightable (though the more distinct ones are generally avoided by publishers because they don't want to associate their author's works with another's). In particular, Lucas sued the US government back in the '80s to try to get Reagan to stop calling the Star Wars missile defense system "Star Wars," and was shot down (bad pun intended).

All material represented within the Star Wars films and spinoff books, comics, games, etc. (which, while not directly the spawn of George "I Raped Your Childhood With The Prequels" Lucas, are still ultimately copyright Lucasfilm, his company), including technology, alien races, characters, etc., is protected. So yeah, Raptor did infringe copyright law, and is still doing so, since even though he changed the title, his story is set in the Star Wars universe.

Now, Lucas has decided not to pursue legal action against fan fiction writers-though he did, at one point-but it is always his legal perogative.

Basically, your secondary meaning section is incorrect because you confuse brand names with story titles. They're completely different as far as copyrighting goes.

The arguments made over what is and isn't fan fiction rather frustrate me, as it seems blatantly obvious. Fan fiction is and always will be something set in the property of another, written without the explicit permission of that property's owner. Parody is something else entirely-and it almost never is actually set in the universe it parodies... rather, a very similar one. Look at the Scary Movie series.

Now, I will say again, while I have come to dislike Raptor himself based upon the comments he's been making (though he is hardly alone), he did not deserve and should not have recieved many of the comments he got. However, he was still in the wrong, and I still believe the FP admins should remove his fan fiction-based works.

This essay was better than the last on this subject, though still flawed. Oh, and I disagree with some of it, too. Next time, write everything in accordance with my opinions. And the prophecy.

~He Who Walks On All Fours

~He Who Walks On All Fours
6/29/2005 c1 33Tiefling
Interesting. You are being reasonable again, which is great (you had sunk to insult hurling with the second chapter of your last essay).

You put your points well in this essay. I agree that public domain is important.However, Star Wars is *not* public domain, the characters and the name still belong to George Lucas.

'Also, keep in mind, nobody on fictionpress has control over that stupid "copyright stamp" so it was never raptors intent to put one there.'

That is no excuse. If he had obeyed the rules of the sites and posted his story only on fanfiction.net where it belongs then his story would not have a copyright stamp on it. He is also aware that the stamp is there but has not removed his story, so he cannot even plead ignorance.

'Now, after reading that, think back to how many television shows, movies, books, and even street performers such as comedians and magicians have used brief references from other previously copyrighted material in their acts, etc.'

I believe that parodies are allowed (although for the purposes of the separation of fictionpress/fanfiction.net they belong on fanfiction.net) and that you can't get sued for them, though I haven't checked what the laws are here or in the US.

'...and George Lucas isn’t doing anything about it, do you honestly think he cares about Raptors story at all?'

The point isn't whether Lucas cares or not. Obviously many users of the site care, because we do not want to have to wade through loads of fan fiction when looking for original stories. If we wanted to read fanfiction, we'd go to a fanfiction site. Obviously the site admin wanted this separation too, or they wouldn't have bothered to create the second site.

Back before fictionpress was created people used to post original fiction, essays, lists etc. on fanfiction.net, which became very annoying for people who went there specifically looking for fanfiction, so the admin created fictionpress for people to post original stuff. When they went to the trouble of doing that for free I would think the least the members of both sites could do was respect their rules.

'The only things they do protect are his six movies,'

I don't think so. There are literally dozens of Star Wars novels, which are licenced by Lucasarts. Many of these are set after the events of the six movies, and may contain only some or none of the original characters, yet evidently they felt the need to copyright the use of the Star Wars universe.

'So if you want to keep your moral rights, don’t infringe on those of other.'

For the record, Raptor does not acknowledge the existance of anyone else's moral rights, as he has repeatedly stated that he can do 'whatever he wants' regardless what other people might want. This is basically saying that only he has rights and no one else does.
6/27/2005 c1 5A Very Disappointed Author
you (typewriterking) claim to have read my essay (The Importance of Public Domain) however I seriously doubt you took much time to actually read it.

And I quote:"And you’re wrong to claim raptor7435 is protected under European law. Yes, the quasi-socialistic legal code of France “protects freedom of expression” in such ways. Under the French legal code, if a flaky artist no longer “believes in his painting,” his “freedom of expression” trumps ownership laws; the chap that bought his squiggles can actually be forced to incinerate it under court order, should the flake demand it."

Now I don't understand where you feel I am citing European law, in fact, the references I use from my source are from usinfo.state.gov.

I repeat USinfo.state.govnot EUROinfo.state.gov

So I never said he was protected under anything european, or french for that matter. So I would appreciate some clarification on that, as well as the follwing citiations from your review of my essay:

1.Contrary to what European thinkers believe, the lawmakers of San Gabriel, California, this site’s physical domain, understand; THERE AIN’T NO SUCH THING AS A FREE LUNCH. (Thank you, Heinlein!) I have another log to throw on this fire: precedent exists within Star Wars fandom for “innovative” works such as raptor’s.

Once again a reference to a "european state of mind" however I am very much american and so is my source

2.You guys seem to have Gallic minds, demanding such “protection,” but this side of the pond, your argument is as outrageous as the recent ‘Kelo versus New London’ decision. As we’ve exhaustively explained in a diverse number of terms, you’re in essence claiming eminent domain over the good people that made this wonderful place possible.

Gallic minds? This side of the pond? 'Kelo vs New London'? I have a feeling your geography is offset.

and finally

3.Everyone that paraphrased Sturgeon's Law deserves a big shout-out. "Good call!"

nobody, in a single review of my piece, sited Sturgeon's law in any sense...please elaborate for me.

I guess, in closure, I'd just like to say that your review is a very loose rant, combined with a intent to flame my work. All in all, so far, you are the only person to think negativly of my work thus far. Also, keep in mind, nobody on fictionpress has control over that stupid "copyright stamp" so it was never raptors intent to put one there.

Im sending this to you in an email, because I do not accept anonymous reviews, and I want a response, but I am also posting this on FictionPress so my readers can see my response to what I feel is an misinformed, rude, and rather incoherent review.

Sincerely,A Very Disappointed Author
6/27/2005 c1 27Typewriter King
This whole public domain argument is moot because Raptor has his own copyright on the material. At the risk of facing a lame “hypocrisy!” charge, I’ll show you exactly what his copyright looks like:

“© Copyright 2004 raptor7435 (FictionPress ID:445208). All rights reserved. Distribution of any kind is prohibited without the written consent of raptor7435.”

Now, even following your belief that Star Wars is open domain, raptor7435 is undeniably reserving rights on something that doesn’t belong to him. That’s not really a legal argument, granted, but if I filed a copyright on some open source software, Linus Torvalds would think I’m being silly.

Indeed, it is silly. You see, even if I bought that argument that Lucas’s product is now open to distribution and alteration, GNU General Public License protections would still apply. What I mean is that he could make copies and derivatives for free, but couldn’t claim original ownership.

Yes, he’s said enough times that he never claimed it was his, but then, how can he account for this?

“© Copyright 2004 raptor7435 (FictionPress ID:445208). All rights reserved. Distribution of any kind is prohibited without the written consent of raptor7435.”

Do you understand what I’m typing? He’s claiming in plane print that he owns it!

Here’s your own definition of plagiarism (again, my telekinetic vitriol will kill anyone shouting “hypocrisy!” over my copy-and-pasting):

“PLAGIARISM - The false presentation of someone else's writing as one's own” plus a period. To end the sentence.

And you’re wrong to claim raptor7435 is protected under European law. Yes, the quasi-socialistic legal code of France “protects freedom of expression” in such ways. Under the French legal code, if a flaky artist no longer “believes in his painting,” his “freedom of expression” trumps ownership laws; the chap that bought his squiggles can actually be forced to incinerate it under court order, should the flake demand it.

You guys seem to have Gallic minds, demanding such “protection,” but this side of the pond, your argument is as outrageous as the recent ‘Kelo versus New London’ decision. As we’ve exhaustively explained in a diverse number of terms, you’re in essence claiming eminent domain over the good people that made this wonderful place possible.

Contrary to what European thinkers believe, the lawmakers of San Gabriel, California, this site’s physical domain, understand; THERE AIN’T NO SUCH THING AS A FREE LUNCH. (Thank you, Heinlein!) I have another log to throw on this fire: precedent exists within Star Wars fandom for “innovative” works such as raptor’s.

Subreality.com’s fan fiction glossary has this entry:

“ Extended Universe:

Refers to any Star Wars information derived from a source other than the films - books, comics, toy boxes, computer games, etc. Often abbreviated to EU or E/U.”

How you like them apples?

Good call on Mrs. Rice, Flames, and be sure to look into Lucas's battle against "Chanslash."

Everyone that paraphrased Sturgeon's Law deserves a big shout-out. "Good call!"

All the people that stood up for property rights deserves a bear hug from me! I thank all of you for standing up for the rights of a man you've never known. You are all true patriots under auniversal definition! Vaya con Dios!
6/27/2005 c1 31raptor7435
Hmm. Interesting. Personally, you shouldn't have to bring in outside sources to convince these people of this, but that's just me. "A small note - most of your examples were parody works. Parodies are protected under slightly different rules than specifically the public domain." How did that answer the question Flames? Sorry, couldn't resist pointing that out. I mean, if we don't make a big deal of out of everything then our existence is pointless, right? "I don't like it when people think they're special and better than anyone else." For the last time, I never said that. Show me where I said that? I don't think I'm better than anybody. And will you people give him a break? So he doesn't use his penname. Big deal. He still makes good points either way. And what is so ridiculous about my story staying on this site? You have a choice. Honestly, if quality matters more, then why does it matter where it goes? You people always seem to ignore that question. Good essay, Author. But I wouldn't try convincing any of these people. It's like talking to a wall covered in piss. Raptor.
6/27/2005 c1 28Darthen
Yeah, I admit I'm an asshole, but I was at least reasonable in the beggining, but now... Hells yeah! He started calling the readers unthinking zombie's and then I decided to post my "essay" Im an ass hole and proud of it, like Dennis Leary's song.

And the argument wasn't really about fanfiction vs. original fiction, not after the third chapter. He admited his work was fanfiction, but refused to put it in it's proper place because he had "a right to happiness." And really, I don't care if he keeps illegal fanfiction on here, I really don't, what I do mind is that he is defending it. I mean, come on. Now granted my "essay" was just plain jackassery but it had a valid point and the annalogy was increddibly accurate. He finally decided to let it die, and I say it's about damn time.

Oh, and I'd like to thank you for calling me an ass hole when I feel absolutely no ill will toward you, nor have I attacked you in any way shape or form, but thanks anyways.

This whole argument was a joke the second he posted his second chapter and called us imbeciles for following rules, so yeah, i acted like a jackass, but it was fun and his endless defense of rights that he really couldn't prove other than, 'it's my story, i can post it up your ass if i wanted to, because it's MY story...blah blah blah' I paraphrased, but hey, what do i care? Im an ass.

Now I will review your essay.

Now, if raptor had posted this essay instead of the whine-fest that is up now, he could have had a chance. You make an extremely sound argument. This is extremely good. I still don't think his star wars story should be on here, but this uses really good evidence to defend it decently. You make really good points that are hard to disprove or deny. You think about your arguments and you state them in quite an orderly fashion.

Good job.
6/27/2005 c1 6MrFlames
ZOMG!1 you actually used an outside source. Cheers, that protects you inherently from a flamesian flame.

However, you should draw out your own arguments a little bit more. While having expanded quotes are good, you need to present your own analysis of those quotes in more detail then you're doing here, for this to be an essay and not an excerpt from a dictionary. Oh, and there's the whole "don't use 'I' in semi-formal essays' thing which I agree with but can forgive.

And you seem to be dancing right along the fence at some points of the actual argument. "Now, if those people are making money off of it, and George Lucas isn’t doing anything about it, do you honestly think he cares about Raptors story at all?" A small note - most of your examples were parody works. Parodies are protected under slightly different rules than specifically the public domain. Hence why Darthen's parody of Raptor's essay isn't an inherently hypocritical piece of writin.

Also, you say "which every fanfiction actually is an acceptable form of." Gross overstatements are another trend you should avoid. Fanfiction HAS been removed from the internet at purely the author's (not of the fanfiction, of the original work) request. Ex: Anne Rice.

The one line that I really disagree with though, is "According to this fundamental rule, copyright laws do not protect George Lucas’s idea of Star Wars as a whole. The only things they do protect are his six movies, as individual expressions of the general idea we will categorize as “Star Wars”."

Expression of ideas, however, is not limited to the actual quotes of the movie, but from my understanding also protects what you could call, the nouns. "Star Wars" the name, "Light sabers", "Darth Vader" and "Emperor Palpatine" are all trademarks, and including them in your story (as Raptor did, from the first chapter) is, from my understanding, illegal.

Overall, however, this is without a doubt the best essay from the recent orgy of essays on the subject, even with my criticisms.
6/27/2005 c1 3Spawn2099
You know, you seem like a smart guy. So I'll tell you something I've been telling raptor: he can change his title, he can make 90% of his story original, but as long as he uses the galaxy of Star Wars, not to mention Darth Vader and the Emperor as characters, that is fanfiction.

Now if he were to discard Vader and Emperor, maybe make the concept of a lightsaber into something a bit different and such things like that, it can be original fiction.

I've heard of some cases where people begin work on a fanfiction and decide to change the characters and settings a bit, make it their own and come up with an original fiction. You can argue for raptors case all you want, but as long as he has those things in his story it is fanfiction and DOES NOT BELONG ON FICTIONPRESS!

He deserves no special privelage. Also one thing you should know is that there is nothing new under the sun. Original works are always inspired by something else. Heck, the stuff I'm working on is inspired by some of my favorite stories and movies. If you think about it, nothing is really original.

In that sense, I can see your point. But raptors story is still fanfiction no matter which way you twist it. Now, I did read a little bit of his story and I thought it wasn't that good. His writing style is really good and I like it, I will admit that.

But the story, the concept, I just don't really like it. Being a big Star Wars fan, I can be a bit biased about what I think is good for SW stories, but that's just my opinion. Others may like his ideas. Just because your not a SW fan and you enjoyed his story, that doesn't prove its not fanfiction by the way;)

Also, don't try to diss me or bring me down. I don't consider myself an author at all. I just consider myself a writer. The only reason I did what I did was because of the way raptor acted. I don't like it when people think they're special and better than anyone else.

He may not have outright said that but his actions and some of his choice of words ceartainly implied it and even you cannot deny that fact. If you think his story should stay then that's ridiculous.

One other thing, why are you such a wussy? I mean you change your penname so no one will review your works yet you went and did it to me. That's a very jerk move of you to do. If you don't like what I've said to raptor just look at what he's said to some of us and then try to justifuy it.

Anyway, hopefully this thing will blow over now and not a day too soon.

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