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File: 1353450712480.jpg (593.35 KB, 1287x1600, 158254__UNOPT__safe_book_cover…)

Azusa!fG2qnvpWXU 1255

Uh, should we be worried that FiMfic.net will get a cease and desist from Little Brown? It's not like they have anything to lose by suing away. Getting us mad won't hurt their sales, but leaving FiMfic up might. I'm sure that there are plenty of kids who visit that site and most of the stuff that gets posted is at least of the same quality as the books Little Brown will be selling.

http://www.equestriadaily.com/2012/11/little-brown-books-covers-and-more.html

Anonymous 1256

First…
Oh god those things look strange to me.
Second…
Haven't the cease and desists we've seen thus far been for for-profit operations like White-Dove, selling products for profit that can legitimately be said to impact Hasbro's intellectual property?

1257

I'm pretty sure fanfiction falls under fair use. Admittedly, I'm not an expert on copyright laws.

Azusa!fG2qnvpWXU 1258

>>1256
No, there was the MTG/MLP crossover; that was nonprofit.

>>1257
Fair use is only a safe harbor. They can still sue you. And it's not like Knightly can just go: "Fair use, your honor!" and the case will be dismissed just like that.

Anonymous 1259

>>1258
Did the MTG/MLP crossover get their desist order from Hasbro or from Wizards? And what exactly were they doing?

1260

>>1258

Again, I'm not a lawyer, but from what I understand, yes, you can. Assuming the court rules that what Knightly does actually falls under fair use (which would be a pretty hard case to argue against, considering the nature of the site) then no one can really "sue" him, or fimfic.

1261

>>1260

Bullshit. We have no protection, ever. They can hand Knighty a cease and desist, and he can either nuke fimfic or he can fight it, go to court, and risk losing.

Which he will. You severely overestimate the force of "the rules" when forced with the power of a good lawyer.

Azusa!fG2qnvpWXU 1262

>>1260
>Again, I'm not a lawyer,
Clearly we need to find a brony who's studied law and is willing to tell us how this all works.

1263

>>1261

Entirely possible, I'm sure Hasbro has some of the most skilled lawyers alive at their fingertips (not quite Disney or cigarette-business level, but whatever).

To my knowledge, no one has ever challenged a cease-and-desist from an author before, which either points to the creators (of the fan-products) being respecful, or just knowing that they couldn't win, depending on how cynical you feel today.

Anonymous 1264

To my knowledge, however, there has never been a case of not for profit fanfiction creators ever being forced to cease from displaying their writing due to action taken by the owners of the original creators of the content/intellectual property owner. And fanfiction has now about 2 decades of internet life, covering every conceivable intellectual property; books, movies, television, bands, songs, celebrities, etc, from companies ranging from Disney, Hasbro, Lucasfilm, Microsoft, Nintendo, etc etc. It's interesting to discuss, but I hardly feel it's a legitimate possibility.

1266

>>1264

While I can't recall any company doing so, I know of individual authors who have asked fanfictions of their works to not be available at places like fanfiction(dot)net.

This is obviously all about hypotheticals. I doubt Hasbro would ask what pretty much boils down to free advertisement to be taken down. And I v-e-r-y much doubt Little Brown has any authority to do so.

1267

>>1263

Yes. If you're dealing with someone as hardcore as Disney or a cigarette company, there are no rules. Laws mean nothing, if Congress gets them made, which is pretty much never, because Congress is people who get elected by corporations.

Nothing short of a nationwide cultural shift (see: smoking) can change this. We exist, and always will, by the grace of Hasbro. Not just FimFic but ponychan, Fighting Is Magic, MandoPony, everything.

Azusa!fG2qnvpWXU 1268

>>1266
Except Little Brown has their fingers in this, too. They're the ones who have much to lose by FiMfic,net's existence on the internet.

1269

File: 1353454707716.jpg (39.29 KB, 281x400, 6a00d8341d764753ef0133ed87a2e0…)

>>1267

>pic


>>1268

Except Little Brown has no right or authority—even vague such—to ask anyone to put anything MLP related down, since they don't own the copyright. The copyright belongs to Hasbro. All Little Brown has is Hasbro's permission to publish this line of MLP related books. Nothing more, nothing less.

Azusa!fG2qnvpWXU 1270

>>1269
>implying they need authority to send FiMfic a cease and desist.

1271

First of all, won't happen. My Little Pony sales are up almost 180% since Friendship is Magic was released. Attribute that to what you will, but to say that they won't care about losing our money is laughable.

My non-lawyer opinion says that a case would not be entirely one-sided. Shutting down Fimfiction would probably be easier than claiming infringement from individual stories, though. I could see it devolving into a YouTube-like state of DMCA claims.

I would be interested in hearing an actual lawyer's thoughts. Jurisdiction is an issue there, but we know at least where Fimfiction is situated (San Francisco).
This post was edited by its author on .

Anonymous 1272

>>1270
They actually do.

You *can* send whatever you want to whoever you want - but they don't have the authority to actually get it enforced.

Ion-Sturm 1276

>Celebrated artist Mary Jane begins
>Dat cover
Oh lordy I hope that isn't the actual art style for the book because it's fucking ugly as shit.
When there are plenty of fanfic writers and artists that would kill for the chance to make official FiM merch and would do so for dirt cheap (in relation), I don't know why they would bother with this drivel.

>>1259
The MTG/MLP thing was lifting elements directly from the card game and the pictures for them were just screenshots from the show. It was wholesale plagiarization of two different IPs, both of which were owned by Hasbro (Wizards is a subsidary of Hasbro. The more you know).
Friendship, it would appear…
( •_•) ( •_•)>⌐■-■ (⌐■_■)
…is not Magic.
YEAAAAHHHHHHH

Azusa!fG2qnvpWXU 1277

>>1271
Yes, toy sales are up. But Little Brown won't see a dime of that money. They might see FiMfic as eating into their profits and get the site sent to the moon.

Or do you mean to say that you are planning on purchasing their books when they're released this spring?

1279

>>1277
They will certainly get more sales because of the fandom. People will buy it just to say they own it. See: http://www.youtube.com/watch?v=0Qkyt1wXNlI

You're absolutely disconnected from reality if you think that fanfiction would hurt their sales.

Not to mention that Little Brown getting all sue-happy about this would be like welovefine suing people for selling MLP shirts (that aren't their designs). They don't own the IP. They're licensed to use it. Big difference.
This post was edited by its author on .

Ion-Sturm 1280

>>1277
The books are clearly targeting younger kids. I highly doubt FimFiction eats up much of that consumer base. Plus, it's going to be the art (bleh) that will be the main selling point; the words are just there to give context to pretty pink princess ponies prancing about. If they tried to attack FimFiction there would be a huge backlash with almost no, if any, gains. You're not being very observant about this whole thing.

1284

Discussion with Azu has lead me to http://www.chillingeffects.org/fanfic/

It's an interesting read written by practicing lawyers. The site altogether has a lot of good information on this kind of thing. I suggest anyone engaging in this conversation read it.

Eustatian!Wings60m9. 1308

These are the folks who publish Twilight. Seeing what they tolerate from that fandom - up to and including a shitty fapfic topping the New York Times bestseller charts - I cannot imagine that we have anything to worry about.

Azusa!fG2qnvpWXU 1310

File: 1353516886192.jpg (29.66 KB, 551x549, conspiracy-keanu.jpg)

>>1308
Hmm… when you put it that way…

Though on the other hoof, one of the theories to why 50 Shades was published was because they threatened a lawsuit, so…

1329

You know what?

They've known about us since S1.

Why would they send a cease-and-desist after such books are primed and ready to go?

Why would they nail Friendship: The Gathering but leave us alone?

No way are we in trouble. We should all sit back, relax, and read our clopfics until we get news that they're planning a grown-up version of MLP aimed at teenagers. Then maybe we can panic.

1376

>Why would they nail Friendship: The Gathering but leave us alone?

Part of it was how close F:TG was to actual Magic. On top of that, I think F:TG had plans for printing and distribution. (At least, that's what I recall.)

1436

>>1376

Yeah, I figured that. It's okay though; they had some obnoxiously terrible decisions.

No matter how much fun it would be to determine a system for creating "booster packs" of random cards, then using them for a draft…

Anyway, what I'm saying is that the standard procedure would be to issue FimFic a cease and desist as soon as they're pretty sure they want to do something that would be redundant with FimFic.


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