News of Note

  • Links Roundup for 13 April 2011

    By .allison morris on Wednesday, 13 April 2011 - 1:03pm
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    We're highlighting links of interest to fans and OTW supporters — today, we've found two new initiatives that may yield interesting results:

    • The Digital Media Consumption Manifesto is an international effort to offer media producers a solution to digital piracy by suggesting a set of industry standards including transparent pricing, simultaneous international distribution, accessibility options, and freedom from DRM, in exchange for a commitment to purchase rather than pirate from consumers. Many globe-spanning fandoms would breathe a sigh of relief at an alternative to file-sharing that included simultaneous international releases, and we know a few vidders who would be relieved at the end of DRM.

      The Manifesto is also interesting in light of the recent brief issued by the London School of Economics criticizing the UK's Digital Economy Act. Ars Technica posted an analysis of the brief pulling out the main points, including the statement that providing user-friendly ways to download media legally is a more effective strategy for enforcing copyright than heavy-handed regulation. The full text of the brief can be read here: Creative Destruction and Copyright Protection: Regulatory Responses to File-sharing.

    • The Future of Art Project, which originated in the Open Zone section of Transmediale 2011 (the Open Zone was described as “a social experiment with different social territories that are occupied by artists and media activists”) espouses an open-philosophy model and transmedia approaches that sound a lot like many fandom cultures to us, and their micro-grant may prove relevant to fanartists working with new and innovative technology.

    We want your suggestions! If you know of an essay, video, article, event, or link you think we should know about you can submit it in three easy ways: comment on the most recent Link Roundup on transformativeworks.org, LJ, or DW, tag a link with "for:otw_news" on Delicious or give @OTW_News a shoutout on Twitter. Links are welcome in all languages!

    Submitting a link doesn't guarantee that it will be included in a roundup post, and inclusion of a link doesn't mean that it is endorsed by the OTW.

  • Let me tell you a story.

    By .Megan Westerby on Wednesday, 30 March 2011 - 2:44am
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    To support the March Drive we asked a few members of our community to write a guest blog about their views on the Organization for Transformative Works. Thank you to Kass for her fairytale origin story on the history of the OTW; fandom's strength is our differences in background and perception. Share yours: write a fairytale, an adventure, a quest, a song. Add your fannish progenitors, your views; share it, pass it along. Help us to build our stories.

    Let me tell you a story.

    Since the beginning of time, fans like us have been making fanworks with our own two hands and sharing them with each other. In our earliest history, we scrawled our art and stories on cave walls. Then we wrote them in cuneiform. Then we wrote stories to explain scripture to ourselves and each other in creative ways. Then came Shakespeare, Arthur Conan Doyle, Star Trek, Professionals, and eventually a wild profusion of books, movies, anime, manga, role-playing games, celebrities, and more. Fans love what we love, and in sharing that love, we build castles in the air which we can inhabit together. So it has always been.

    Once upon a time, back in the year 2007, two sorcerers came up with an evil plan: although they were not part of fandom, and had no love for the fans who made fanworks, they would create a multifandom archive and lure fans to share stories there. They built an archive and left a trail of candy across the internet to entice fans to come in. "This represents the coming of age of fan fiction!" they brayed. They hoped to make millions of dollars by exploiting the creativity of fans.

    This made some fans uneasy. Fans gathered, over email and chat, in living rooms and hotel ballrooms, to discuss what ought to be done.

    One fan said, "we are sitting quietly by the fireside, creating piles and piles of content around us, and other people are going to look at that and see an opportunity. And they are going to end up creating the front doors that new fanfic writers walk through, unless we stand up and build our OWN front door."

    In the hallowed halls of our internet gathering places, in our wolfhealls and floating castles, fans began to talk about creating an archive which would be built by fans, for fans. An archive where no ads would flash. An archive which would be a home for fanfiction of all kinds and varieties.

    The sorcerers of FanLib couldn't defeat us. We were too smart to eat their pomegranate seeds and become trapped in the labyrinth of their proprietary content mechanism forever.

    Quickly the conversation grew. And, because fans are notorious for our creativity, people began to suggest even more mythical possibilities of which they had dreamed. What if fans had access to an online archive that wouldn't back down at the merest hint of a lawsuit or change policies at the whim of an advertiser? What if we could create a wiki where we could record our own histories in accordance with our value of preserving many voices and many narratives? What if we could teach each other to code, and become more powerful in our own rights even as we worked together? What if, instead of letting decades of our history be rewritten, fannish creators and consumers celebrated our past and shared it with the wider community?

    And lo, a project was born.

    Out of the many hundreds of fans who volunteered to help make our dream real, seven were chosen as companions, the fellowship of the fanarchive project. These stout-hearted explorers pondered and discussed and argued and came up with the name the Organization for Transformative Works, because it is the magic of transformation which makes a fairy tale a fairy tale -- and which makes fans, fans.

    Those first board members braved the wilds of nonprofit incorporation, fighting armies of paperwork with the slashes of their mighty pens. They drafted a mission statement, and then tamed the dragons of internet domain name registration. The dragons, now friendly, opened up their lairs of loot and from amidst the piles of glittering URLs the first board of the OTW selected a sparkling domain name which would be ours alone.

    Through the remainder of 2007 and all of 2008, the fans of the newly-named OTW boldly went where no fans had gone before. We launched a journal, a wiki, a blog, a multi-lingual website. We planted a beanstalk and nurtured it to help it grow all the way to the skies. We raised money and purchased two survers of our very own, which we promptly crowned with lolcats as is the custom among many of our people. In 2009, the Archive of Our Own -- that first dream which had been spun back in the dark days when the sorcers of FanLib roamed the land -- entered open beta.

    Fans, like many magical creatures, have a well-known love for shiny things. The fans of the OTW launched a Vidding History project, to preserve and protect the history of the fannish tradition of making vids -- one of our shiniest fannish creations. Fans from the merry OTW band testified at the DMCA Hearings on Noncommercial Remix at the Library of Congress in Washington, DC in an attempt to protect the legality of vidding.

    But different fans have different loves. Some fans love the labyrinthine intricacies of legal argument, and with their help, the OTW co-sponsored the 6th annual IP/Gender Symposium at American University Washington College of Law on the theme of Female Fan Cultures and Intellectual Property. Some fans thrive on the collaborative nature of wiki editing, and those fans gravitated toward Fanlore, settling in to help hash out questions of image policy and plural point of view.

    Some in the OTW mourned to think of the ephemeral nature of printed fanzines. We live now in the magical era of the internet, which means that many fans now find fanfiction online -- and the endless creativity in decades' worth of fanzines is in danger of being lost! So the OTW founded the Fan Culture Preservation Project in partnership with the University of Iowa to preserve zines and other analog artifacts of fannish culture.

    When our trusty servers began to shake under the load of our many and varied fanworks, we purchased more servers to fly alongside them. We began to host Yuletide, the rare fandom fanfic exchange which takes place each December. Brave tag wranglers rolled up their sleeves and plunged in to the wild waters of the Archive of Our Own, organizing tags and fuzzy wuzzles into delightfully ordered categories.

    In 2010, the OTW established an International Outreach committee, because we wanted to invite fans worldwide to help shape our future. We participated in all manner of conferences and gatherings, from Digital Media and Learning to Re/Mixed to Escapade. Our intrepid journal editors released a special issue of our journal, this time dedicated to Supernatural. We began to craft a roadmap for a proposed journey through the unknown wilderness of vidding resource sites, and vowed to someday build a Torrent of Our Own.

    We celebrated with wild whoops and a cascade of confetti when the Library of Congress granted noncommercial remixers (like fan vidders) an exemption to the Digital Millennium Copyright Act which had served as a moat preventing vidders from openly seeking the footage we need.

    We began to draft a Fair Use Curriculum Project so that we could, like Hogwarts' school of witchcraft and wizardry, teach schoolchildren how to wield the wand of fair use, that magical principle which is so near and dear to our work.

    We even ventured into the fire swamp of our first contested election, and found it to be far more delightful than we had dared to imagine (we're thinking of building a vacation home there. Or at least, returning there again this coming November; it's a very pleasant time of year.)

    At the end of 2010 we climbed the beanstalk we had planted, and retrieved all kinds of treatures: we brought Fanlore out of beta -- we hosted Yuletide a second time, for almost two thousand participants -- and then we dove headlong into the new year.

    And now? The tale of the OTW is neverending. We continue building our fannish infrastructure to be ever more strong and more beautiful. When our trusty servers grow tired, and need new patches so that they don't fall apart in flight like Serenity, we'll raise money for new ones. Every three years, we'll defend that DMCA exemption so that the vidders among us can continue to rip source proudly and without fear. Our quest continues: we're ever in search of each other, finding fans and offering them support, sheltering the treasure of their hands and hearts, preserving their loves and their history -- and yours, too.

    The fellowship of the OTW is still going strong. Together, we can boldly go wherever we can dream. Won't you join our merry band?

  • Fanfiction is fanfiction. Have fun.

    By .Megan Westerby on Tuesday, 29 March 2011 - 1:55pm
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    To support the March Drive we asked a few members of our community to write a guest blog about their views on the OTW. Thank you to Jim Hines for contributing this post!

    I’ve participated in many discussions about fanfiction, on my blog and elsewhere, and many times I walk away knowing less than I did going into the conversation. I’m no longer entirely certain I even know what fanfic is. My goblin books were very much a reaction to and satire of common fantasy tropes. I even threw in some Lord of the Rings jokes. Was that fanfic? What about my current series, which teams up Cinderella, Snow White, and Sleeping Beauty? Am I writing fairy tale fanfic?

    I don’t know. One person whose opinions I respect said the distinction that matters is the legal one, and the old fairy tales are public domain. Fair enough. On the other hand, if I were to take a well-known genius from a show like, oh let’s say Criminal Minds, and turn him into a zombie, would that be fanfiction? Only if I failed to sufficiently file off the serial numbers, I suspect. (Coincidentally, my story “In the Line of Duty” recently came out in the anthology Zombiesque. I’m just saying...) But I have a hard time delineating any clear boundary between fanfiction and other, more "acceptable" derivative work.

    I was speaking to another author at World Fantasy Con, and we were talking about Yoda’s fight scene in Attack of the Clones. The scene I like to call “Green Popcorn.” Both of us had mentally rewritten that scene. (For me, it was Yoda using his mastery of the force to simply crush his opponent’s lightsaber hilt.) We did it because we loved that character, and thought he deserved something better, a fight scene worthy of the Muppet we loved from Empire Strikes Back.

    Don’t get me wrong. If I were to find someone selling Goblin King, an unauthorized sequel to Jim Hines’ Goblin War, I’d sic my publisher on them in a heartbeat. I’m rather protective of the career that helps to keep my family fed. But at the same time, I want people to wonder what happens next. I want them to care about the characters, to feel invested in their stories. And having been inspired plenty of times by reading or watching other people's stories, who am I to judge where people draw their own inspiration from?

    I’ve seen the whole spectrum of opinions, from “Fanfiction is the Devil’s Prose!” to “Fanfiction is so much better than that commercial dreck.” I don’t buy either view. Fanfiction is fanfiction. Some is brilliant. Some is abysmal. Fanfic authors sometimes get criticized for not writing commercially, but that makes as little sense as criticizing a fantasy author for not writing fortune cookies. For most of us, we write what we love, and we do it because we love it.

    I do know that my publisher is uncomfortable with fanfiction. I can understand and respect that, given a rather messy legal situation they ran into years ago (and if your knowledge of that situation is anything like mine was, I can tell you the truth was messier).

    For myself, I originally asked people not to write fanfiction of my work, but I changed that stance a while back. These days, my attitude is, “Have fun. Just don’t sell it, and please don’t be offended that, for a number of reasons, I prefer not to know about it.”

    There’s an awful lot I don’t know. But I know this much. From time to time, Google Alerts will pull up a link to a fan-written story about Snow and Talia, or a piece of goblin artwork someone posted on their web site, and it makes me smile. Even though I don't click through to read the story. Because I love these characters too.

  • March 2011 Drive: The Archive of Our Own

    By .Megan Westerby on Tuesday, 29 March 2011 - 1:05am
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    At the Archive of Our Own, we have lots of opportunities to witness the transformative power of fandom. The Archive is full of the evidence of fannish creativity, with over 152,000 works in 8,219 fandoms at this writing. You can explore the world of the supernatural with works about zombies, vampires, and witches; look into your favourite characters' souls with works about telepathy or spirit animals; or chill out with works on swimming, board games, or tea. We're still developing our support for multimedia, but you can already find fanart, fanvids, and filk through the Archive. (Optimus Prime compels us to add there is also Transformers.)

    The wonderful energy and creativity of fandom is also expressed in the Archive itself. All those weird and wonderful tags are managed by our awesome team of tag wranglers, who work in the wrangulator to order them all. Our brilliant coders, testers, and designers keep on honing old features and adding new ones, while our dedicated Support team keeps on making sure that users are able to enjoy those features.

    With all that energy and change, it's been a busy 6 months for the AO3! We upgraded the site's framework to Rails 3 — a massive undertaking which required us to overhaul ALL the code! We introduced CSS styling for works — a long-requested feature — added options to leave "kudos" and share works via HTML c&p or Twitter, introduced video embedding, and made more improvements to challenges and collections. Last but not least, we bought some new servers! (Names to be announced shortly — as voted for by you!)

    All of this extreme awesomeness is made possible through the generosity of fans, who donate their time to work on the Archive and their money to pay for our servers, hosting costs, organisation tools, and all the other things we need. The AO3 is funded via our parent, the Organization for Transformative Works — if you can, we invite you to give time, donate, spread the word, or become a member during this month’s membership drive! There is much more awesome to come: we're working on fanart and multimedia, subscriptions, translations, and much, much more, and we know that there is a whole wonderful fannish world beyond the Archive which may need a home. Give now to help ensure we can continue telling cool stories and transforming the AO3!

    Optimus Prime with OTW logo in place of his head: 23-29 March 201 OTW Membership Drive

    Optimus Prime says repost this graphic by copying the text below the image and pasting it into your journal or website!

  • The OTW Says: You're Not Alone

    By .Megan Westerby on Sunday, 27 March 2011 - 11:03pm
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    To support the March Drive we asked a few members of our community to write a guest blog about their views on the OTW. Thank you to Cecilia Tan for contributing this post!

    I'm not good at staying in the closet. Pretty much my whole life is about not letting myself be shamed by society into hiding who I am or what I do. In my earliest life, that meant I never hid the fact that I was "into" science fiction and fantasy. In my childhood, thing like Star Trek were only for the nerdiest of nerds. Then along came Star Wars and it gradually started to change.

    Later, it was my sexuality that society didn't want to hear about. In college I came out as bisexual, later as kinky, and later than that as polyamorous. All things that various segments of society say one shouldn't be or do. However it has been a steady march over the past two decades of activism on my part and that of others towards greater and greater acceptance of "alternative lifestyles." I live in a state where same-sex marriage is legal and where what was once an entirely underground, private BDSM scene now supports events where thousands of people show up. Things are gradually changing.

    But I put myself in a closet of a type in 2006 when I started putting my Harry Potter fanfic online. I've been a professional fiction writer for twenty years now, and much of what I've written is explicitly erotic. In particular I'm known for being a kind of pioneer in mixing sf/fantasy and erotica. But when I started putting my fanfic online (which I'd been writing for a while "on the side"), for the first time in my life, I used a pseudonym. Granted, it wasn't a very difficult pseudonym to crack: "Ravenna C. Tan" has "C. Tan" right there in it, no? Yet you'd be amazed how many people "find out" that I'm Ravenna C. Tan and are utterly amazed themselves. The very fact that people assume that there's no way Ravenna could be me only proves my point, that fanfic isn't something that "pro" writers are supposed to do. Or, if they do, they're not supposed to ADMIT it. That's what makes it a closet.

    Once I started thinking of it as a closet, I couldn't stand to stay in it any longer. If what I've stood for as an activist all my life is truth of self-expression, especially the freedom to express how we love, then the freedom to express how we love a book or a film has to count, too! So I linked my two Livejournals. I started speaking on fanfic panels at the science fiction conventions I traditionally speak at. I started using my real name without fear.

    A huge part of being empowered to take that step, though, was the Organization for Transformative Works. In the same way that gay rights organizations help empower people to come out, and groups like the New England Leather Alliance help people to embrace their kinky side, the OTW showed me that I wasn't alone. I wasn't nuts for wanting to write fanfic for a hobby when writing fiction is my day job. (What, like ballerinas aren't allowed to dance at weddings or go to dance clubs?) Flying the fanfic flag was something to be proud of.

    Now I'm trying to pay it forward. I've gained so much by playing in other people's sandboxes: fun, validation, a place to develop and grow as a writer, community, great friends, feedback, and did I mention fun? It's only fair that I encourage others to play in my sandboxes, too. I originally joined the OTW under my fanfic pseudonym. I recently re-joined under my real name, Cecilia Tan, and declared my own original fiction open for ficcing. Thanks, OTW! Keep busting down the closet doors!

  • Links Roundup for 23 March 2011

    By .allison morris on Wednesday, 23 March 2011 - 12:08pm
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    We've got a bumper crop of recent news items that are of interest to fans — a victory for fair use, a refreshingly positive take on fanworks and popular entertainment, and the reversal of a wrongful takedown.

    • Copyright troll Righthaven achieves spectacular "fair use" loss
      Ars Technica reports that Righthaven, known for their indiscriminate lawsuits on behalf of rights owners, lost a recent case when a federal judge ruled that the reproduction of an entire news article by a non-profit group was fair use. Righthaven follows a business model that relies on scare tactics, skipping over the cease and desist step entirely in favor of the spectre of a potentially costly lawsuit. Their gamble that targets will pay to settle out of court didn't pay off this time, and may actually and ironically have strengthened fair use in the US.
    • 5 Reasons Pop Culture Is Run by Fan-Fiction
      Cracked.com puts fanfiction into context, and presents a refreshingly positive spin on the topic, looking at the history, range, and omnipresence of fanworks. Hypocrisy is a theme of the article, as it points out again and again that there's little that divides many oft-mocked fannish tropes from oft-used (and highly successful) entertainment staples.
    • How I Fought a YouTube Takedown and (Eventually) Won
      When Anita Sarkeesian's remix video critiquing sexism in video games was removed by YouTube not for copyright violation, but for an unexplained Terms of Service violation, she googled, tweeted, and sought help. The tale of the takedown's reversal is a heartening example of a victory over wrongful removal of content, but the time, effort, and expert help she needed to overturn the miscategorization of her fanwork as spam is sobering.

    We want your suggestions! If you know of an essay, video, article, event, or link you think we should know about you can submit it in three easy ways: comment on the most recent Link Roundup on transformativeworks.org, LJ, or DW, tag a link with "for:otw_news" on Delicious or give @OTW_News a shoutout on Twitter. Links are welcome in all languages!

    Submitting a link doesn't guarantee that it will be included in a roundup post, and inclusion of a link doesn't mean that it is endorsed by the OTW.

  • Links Roundup for 17 March 2011

    By .allison morris on Thursday, 17 March 2011 - 6:28pm
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    We're highlighting two recent news items that are of interest to fans — one encouraging, and one less so.

    • White House wants new copyright law crackdown
    • The White House has issued a white paper from the office of the U.S. Intellectual Property Enforcement Coordinator, Victoria Espinel, proposing new digital intellectual property laws. Included in the proposals is making "illegal streaming" of audio or video a federal felony, paired with an expansion of wiretapping powers that would allow enforcement agencies to eavesdrop on private communications in order to investigate suspected copyright violations, something previously only allowed for serious crimes, such as suspected terrorism and use of weapons of mass destruction.

      The report also advocates for new U.S. law that would "clarify that infringement by streaming, or by means of other similar new technology, is a felony in appropriate circumstances," a broad directive, the future implications of which are difficult to predict. As CNet noted, "The term 'fair use' does not appear anywhere in the report."

      If you'd like to read the entire 20-page report, it can be viewed as a pdf here.

    • The Ada Initiative
    • The Ada Initiative, named for Ada Lovelace, considered the world's first computer programmer, is a new non-profit organization to encourage women’s participation in FOSS, the free culture movement, and related initiatives. OTW Board member Francesca Coppa has joined their advisory board.

      As one of its first actions, the Initiative is conducting the Ada Initiative Census of women in open technology and culture. OTW members and supporters include a high ratio of women who are participants in open communities and are actively working to build those communities — including administrators of fannish wikis, OTW volunteers in all our projects, Dreamwidth developers, unconference organizers, and others. If you think this might be you, we encourage taking a moment to fill out the census to help guide the Initiative's work.

    We want your suggestions! If you know of an essay, video, article, event, or link you think we should know about you can submit it in three easy ways: comment on the most recent Link Roundup on transformativeworks.org, LJ, or DW, tag a link with "for:otw_news" on Delicious or give @OTW_News a shoutout on Twitter. Links are welcome in all languages!

    Submitting a link doesn't guarantee that it will be included in a roundup post, and inclusion of a link doesn't mean that it is endorsed by the OTW.

  • Still flying: Firefly fans' creativity transcends cancellation

    By Kristen Murphy on Friday, 11 March 2011 - 6:40pm
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    Actor Nathan Fillion, who played Capt. Malcolm Reynolds in the 2002 television series Firefly and its sequel film, Serenity, said in a recent interview: "If I got $300 million from the California Lottery, the first thing I would do is buy the rights to Firefly, make it on my own, and distribute it on the Internet." Following this remark, Firefly fans swiftly moved into action, launching a Web site and Facebook page to gauge fan support for funding a buyout. Almost 12,000 fans responded, pledging more than one million U.S. dollars total.

    Reactions to the movement were mixed. Some commentators speculated that a successful buyout could revolutionize the studio system of television production, while others expressed doubt that 20th Century Fox would be willing to part with the rights to Firefly regardless of how much money was pledged.

    The project has now halted, but the momentum it gained in only two weeks demonstrates the passion, creativity, and capacity for swift mobilization that are hallmarks of fandom. Yet it bears pointing out that a revival of Firefly — or any other cancelled series — is not necessary for fannish creativity to thrive. Firefly fandom is clearly alive and well. Browncoats: Redemption, a fan-produced Firefly film with proceeds benefiting charity, premiered in 2010 amid great excitement from fans. There are nearly 1,700 Firefly fanworks in the Archive of Our Own, and many more elsewhere on the Web. Such fannish interpretations will continue to be produced, for fun and for free, regardless of who owns the series' production rights or whether new episodes are being aired.

    The passion and creativity of fans transcends the bounds of cancellation. To paraphrase Mal Reynolds in Serenity, love is what keeps fandom in the air, and that love can endure decades after its source texts.

  • Ley de Derechos de Autor revisada sigue siendo fuente de preocupación para los fans españoles

    By .Helka Lantto on Wednesday, 9 March 2011 - 10:04am
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    Escrito por Tanaqui, con reportes adicionales por hele

    Los propietarios de sitios de fans acusados de infracción a los derechos de autor o a una marca comercial (trademark) pueden haber obtenido alguna protección adicional limitada en la versión más reciente de la nuevas leyes de propiedad intelectual de España, pero algunos grupos de defensa argumentan que la nueva ley es innecesariamente restrictiva y otros, que da origen a procedimientos engorrosos que no protegerán a los titulares de los derechos en cuestión.

    La Ley Sinde revisada, llamada así en honor a la Ministra de Cultura Ángeles González-Sinde, fue pasada al Senado español en Febrero, y será remitida a la otra cámara española, el Congreso de Diputados, en marzo. Bajo la nueva Ley--una sección de la más amplia Ley de Economía Sostenible – las solicitudes de aquellos que tienen los Derechos de Autor para que sitios de web o páginas individuales sean bajadas deberán ser sometidas a una revisión judicial antes de que los ISPs (proveedores de servicios de Internet) puedan actuar.

    La ley ha sido promulgada en el contexto del Paquete Telecom aprobado por el Parlamento Europeo en noviembre de 2009 y bajo la presión ejercida por la embajada de los Estados Unidos en España, como fue revelado a través de cables publicados por wikileaks. La misma González-Sinde ha sido acusada de tener un conflicto de intereses, habiendo trabajado como guionista y directora antes de ser nombrada Ministra de Cultura.

    Mientras que la mayoría de las objeciones a la ley se han enfocado en el intercambio de archivos, la ley en sí simplemente se refiere a los “derechos de propiedad intelectual”, lo que significa que un amplio espectro de las actividades de los fans, incluyendo arte, vids, fanfic y podfic podrían estar en peligro bajo ella. Más aún, las revisiones a la Ley Sinde ni siquiera pueden proporcionar la protección limitada que pretenden ofrecer a los sitios mantenidos desde España en dominios .com. Las autoridades de Estados Unidos han recientemente tomado control sobre el dominio Rojadirecta.com [NT: en inglés], derribando el sitio Rojadirecta en forma absoluta, a pesar de que las actividades de Rojadirecta habían sido declaradas legales luego de una prolongada batalla en las cortes españolas.

  • La révision de la loi sur le copyright continue d'inquiéter les fans espagnols

    By .Helka Lantto on Wednesday, 9 March 2011 - 10:01am
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    Écrit par Tanaqui, avec le concours de hele.

    (Remarque: la majorité des liens mènent vers des pages en espagnol.)

    Les propriétaires de sites de fans espagnols accusés de violation de copyright pourraient avoir obtenu davantage de protection, même si elle reste limitée, grâce à la nouvelle version de la nouvelle loi espagnole sur la propriété intellectuelle; mais certains groupes contestent, argumentant que la nouvelle loi est inutilement restrictive et d'autres que cela crée des procédures interminables qui ne protègeront pas les propriétaires des droits.

    La version révisée de la Loi Sinde, nommée ainsi en l'honneur de la ministre de la Culture Ángeles González-Sinde, a été passée au Sénat espagnol en février, et elle doit maintenant retourner à l'autre chambre du système législatif espagnol, le Congrès des Députés. Sous la nouvelle loi - une section de la plus vaste Ley de Economia Sostenible - les demandes pour la fermeture de sites ou de pages individuelles, soumises par les propriétaires des droits, doivent maintenant être présentées pour un examen judiciaire avant que les fournisseurs d'accès à Internet puissent agir.

    La loi a été décrétée sur fond du Paquet Télécom, passé par le Parlement Européen en novembre 2009 and sous pression exercée par l'ambassade américaine en Espagne, comme il a été prouvé par des révélations publiées par Wikileaks. González-Sinde a elle-même été accusée de conflit d'intérêt, ayant travaillé comme scénariste et réalisatrice avant d'occuper son poste de ministre de la Culture.

    Si la majorité des objections à la nouvelle loi a été centrée sur la question du partage de fichiers, la loi même réfère simplement aux “derechos de propiedad intelectual” ou droits de propriété intellectuelle, incluant ainsi un large panel d'activités de fans, y compris des créations graphiques, vidéos, fanfictions et podfictions, comme cibles potentielles. Par ailleurs, les révisions de la loi Sinde pourraient même ne pas offrir les protections limitées qu'elles proposent pour les sites gérés depuis l'Espagne sur des domaines .com. Les autorités américaines ont récemment pris contrôle du domaine Rojadirecta.com, fermant le site de Rojadirecta de manière effective, malgré le résultat d'une bataille juridique en Espagne, ayant finalement décrété les activités de Rojadirecta légales.

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