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ApolloImperium

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Posts posted by ApolloImperium

  1. Actually - I'm not. It's foolish to think that someone who owns and operates the 2nd largest fan fiction website on the internet would be ignorant of copyright laws. Not only have I had discussions with various legal sources, I did my own research prior to consulting with them. Your arguments hold no water.

    Please also note, that as you are intent on infringing on EL James' copyright, your information including IP address data has been sent to both her and her editor along with copies of what was posted to this site and our removal of it.

    I wish you luck with your faulty arguments if and when they decide to send you a C&D letter :)

    I'd say happy writing, but it is apparent that you much prefer taking someone elses work in it's entirety as opposed to creating something of your own.

  2. Okay deary - First off, DG is my right hand woman; it is a cold day in hell when her and I aren't on the same page, but you can't get any higher than me - I own the site. Since your ignorance of copyright law is amazing, let us have a little lesson:

    Fan Fiction is considered to be a transformative or derivative work which by the US Copyright Act defines as:

    A “derivative work” is a work based upon one or more pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a “derivative work”.

    17 U.S.C. § 103(b) states:

    The copyright in a compilation or derivative work extends only to the material contributed by the author of such work, as distinguished from the preexisting material employed in the work, and does not imply any exclusive right in the preexisting material. The copyright in such work is independent of, and does not affect or enlarge the scope, duration, ownership, or subsistence of, any copyright protection in the preexisting material.

    They further more defined it further in a later publication (US Copyright Office Circular 14: Derivative Works)

    A typical example of a derivative work received for registration in the Copyright Office is one that is primarily a new work but incorporates some previously published material. This previously published material makes the work a derivative work under the copyright law. To be copyrightable, a derivative work must be different enough from the original to be regarded as a "new work" or must contain a substantial amount of new material. Making minor changes or additions of little substance to a preexisting work will not qualify the work as a new version for copyright purposes. The new material must be original and copyrightable in itself. Titles, short phrases, and format, for example, are not copyrightable.

    Therefore, a legal case can be made that fan fiction can be copyrighted so long as there is a large amount of new material.

    To apply it to this particular instance, EL James used only the character's names and descriptions, creating her own characterizations, settings, plot and world, which can be regarded as a substantial amount of new material.

    While to date, there has been no formal testing of this in court to the very end, Salinger v. Colting is an excellent example. While there was initially an injunction from the District Court, the Appellate court reversed the injunction and sent it back down for the 'fair use' and transformative work doctrine to be reapplied. Unfortunately for those of us waiting to see how this would ultimately be determined, the parties settled out of court and it was never fully tested in a court of law.

    That being said, Master of the Universe is not public domain and you may not post it (or the same story with names changed) on AFF. The story was a product of her imagination that while she changed names to create a original work, is hers in its entirety - Both versions.

    We have removed your posting of the story from our site and it may not be republished.

  3. The only thing from a story content aspect that is not allowed on the site is real person fiction about someone under the age of 18 for legal reasons. Beyond that, so long as it is properly tagged, anything is allowed. We understand that not all content is going to appeal to everyone which is why it's so important that things are tagged correctly so that people can avoid clicking on a story that may involve themes that they would not be interested in reading.

  4. Guest - I will admit, it was a hard thing to have to do as I've only had to remove people for plagiarism, trolling or because they were underage. As you can see, we gave her chance after chance after chance, but there has to be a time when you put your foot down.

    I respect her as an author and sad that she couldn't see fit to abide by the rules, I hope that all works out well with her in the future!

  5. I apologize, however due to repeated ToS violations and warnings, the user has been removed from the site. Please note that she has been on AFF since 2006, has been contacted several times, and the staff has had several conversations with her in regards to the previous ToS violations.

    There are to date:

    • 5 documented instances of unauthorized advertising, starting 07/2010
    • 5 documented instances of review demands, starting 07/2010
    • 1 unauthorized poll in story

    After the last instance in August of 2011, she was suspended for a period of 2 weeks at which point she was advised that this was her last warning. She was made aware that the next ToS violation would result in her removal from the site.

    It was brought to our attention recently that she was editing a story to bump it up in the chronological listing on the update page to advertise the fact that she was leaving AFF. After careful review, it was determined that the report was indeed correct.

    While we wish her well in her future writing endeavors, bumping a story with no actual update at the expense of other Author's who have actually posted new content is not acceptable and a violation of our ToS. We stand by our ToS and our warnings - As such she was removed.

  6. Please ensure you read the note at the top of any of the search forums:

    If you know the piece of fiction that someone is searching for is removed from the site, but you retained a personal copy, please do not pass the story around. If the story is taken down either by the Author or Moderator staff there is a reason behind it that must be respected.

    Your post has been edited accordingly.

  7. It's one of those continuity things - You're writing in a British fandom, so it is appropriate to use the correct terms to be accurate with how the characters speak. Now can you write it with just American slang and terminology? Of course, always an option as well! I do however agree with Rogue, I would prefer on or another.

  8. I apologize, however due to repeated ToS violations and warnings, the user has been removed from the site. Please note that she has been on AFF since 2006, has been contacted several times, and the staff has had several conversations with her in regards to the previous ToS violations.

    There are to date:

    • 5 documented instances of unauthorized advertising, starting 07/2010
    • 5 documented instances of review damands, starting 07/2010
    • 1 unauthorized poll in story

    After the last instance in August of 2011, she was suspended for a period of 2 weeks at which point she was advised that this was her last warning. She was made aware that the next ToS violation would result in her removal from the site.

    It was brought to our attention recently that she was editing a story to bump it up in the chronological listing on the update page to advertise the fact that she was leaving AFF. After careful review, it was determined that the report was indeed correct.

    While we wish her well in her future writing endeavors, bumping a story with no actual update at the expense of other Author's who have actually posted new content is not acceptable and a violation of our ToS. We stand by our ToS and our warnings - As such she was removed.

  9. I will quote Lisbet Adair from the other thread because I think it sums this up perfectly!

    It was pretty clear earlier this year, when I looked at joining, what their TOS were; this is why I came across to AFF and joined that.

    Sure, you could take a punt on them changing their rules to incorporate MA, but you backed the wrong horse, and this is where you ended up.

    No sympathy for anyone who broke their rules and is now whinging because they couldn't stick "adult fan fiction" into Google.

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