2012 is becoming the year of legislation and legal actions regarding Internet use. Earlier this year, proposed U.S. legislation known as SOPA and PIPA were shelved as a result of public outrage. Other actions were taken around the globe to protest ACTA, an international treaty still veiled in secrecy that also threatened to curtail the general public's activities and usage of online services.

The latest controversial piece of legislation on this front is the Cyber Intelligence Sharing and Protection Act (CISPA), which was introduced in the U.S. House of Representatives on November 30, 2011 and has just been passed. Numerous groups are opposed to the bill such as the Electronic Frontier Foundation, the American Library Association, Free Press, and Canadian Internet Policy. The bill is also opposed by various politicans from President Obama to Republican presidential candidate Ron Paul, but is supported by companies such as telecom carriers Verizon, U.S. Telecom, and Sprint, and tech companies such as Facebook, Symantec, IBM and Oracle. The U.S. Senate has its own version of the bill which was previously endorsed by the White House, so it's still unclear in what form the bill may pass the Senate and whether or not that might be signed by President Obama.

The Center for Democracy and Technology, which is opposed to CISPA, lists various problems with the legislation as it's currently drafted:

1) CISPA has a very broad, almost unlimited definition of the information that can be shared with government agencies and it supersedes all other privacy laws.
2) CISPA is likely to lead to expansion of the government’s role in the monitoring of private communications.
3) CISPA is likely to shift control of government cybersecurity efforts from civilian agencies to the military.
4) Once the information is shared with the government, it wouldn’t have to be used for cybersecurity, but could instead be used for other purposes.

Given the Internet's current infrastructure, anything that affects Internet traffic in the U.S. can have implications for Internet freedoms around the globe. While some in the U.S. have decided to protest CISPA by drowning legislators in personal content, those who oppose the bill can also take a more traditional approach.

A more encouraging story about online regulation has come from Australia, where their High Court refused to hold ISPs accountable for illegal downloading done through their services. The AFACT v. iiNet appeal was unanimously dismissed, with the court deciding against the case brought by movie companies including Australian branches of Hollywood studios Universal Pictures, Warner Bros. and 20th Century Fox.

Holding providers liable for content posted or transmitted through their service has been a common tactic by content creators, whether of films or music. During the past week YouTube lost a court case in Germany where it was sued for royalties, and the court decided it "had not done enough to stop copyrighted clips being posted." Such cases are likely to continue around the globe in an effort to stifle consumer posting and transmission of content that music and film industry associations consider to be in violation of their ownership rights.

Here's a roundup of legal issues stories that might be of interest to fans:

• Creators and copyright holders have various different types of engagement with fans, and these sometime end in conflict. A remix of Samuel Jackson's reading of "Go the Fuck to Sleep" posted on YouTube was taken down although the remixer "maintained that his creative works don’t violate copyright, thanks to exemptions in copyright law that allow for “transformative” uses of copyrighted material." And the basketball team the L.A. Clippers recently asked that their most recognizable fan stop using the name Clipper Darrell, which outraged many fans who noticed the team was perfectly happy to allow him the title when the team was doing poorly.
• An actor who briefly appeared in the U.S. show Community's Dr. Who spoof Inspector Spacetime sought fan funding for a six episode web-series based on the character/show premise. "Inspector Spacetime, has developed such a devoted internet following since it first showed up at the beginning of the fall season. So much so that it has its own Tumblr and history, which is as extensive as the show it’s spoofing." However, he recently explained that "Lawyers from Sony and NBC have contacted me demanding that I cease production" but asked that contributions continue. "Richey is now calling the project “Untitled Webseries About a Space Traveler Who Can Also Travel Through Time” but [is] otherwise going ahead as planned."
• The results of copyright struggles remain in debate, with some arguing that piracy is the natural result of producers' actions. Citing a recent study on the effect of the lag in movie release times worldwide and how it had a noticeable effect on the decrease of movie downloading, one blogger asks "If you’re in the U.S., is piracy less of an issue than it used to be depending on the particular media and market? If you’re overseas, do you find that it’s easier to get pirated copies online of things that take months, if ever, to come out where you are?"
• A blogger who posted Fan Fiction: Moral Rights v. Transformative Use cited the OTW's argument that fan fiction is "an act of transformative creation constituting fair use under 17 USC § 107" while examining the case of Diana Gabaldon and George R. R. Martin. He suggests Gabaldon "is trying to build a case...for an author’s moral rights." While the aspect of noncommerciality as a fair use factor is not mentioned, he argues that "much fan fiction originates from a more participatory impulse. Gabaldon and Martin ask why fanfic writers don’t just develop their own characters, or at least appropriate old characters in the public domain (Jane Eyre, for instance), but I think they’re not accounting for this impulse, a desire to participate actively in the culture."
• Copyright holders themselves may have trouble participating in the culture depending on what their work focuses on. PayPal has issued directives to online ebook retailers that is erasing particular forms of erotic content from the marketplace. "Smashwords founder Coker said that the rise of e-books has shifted more power in the book world to payment processors and banks. In the past, readers walked into a physical bookstore and could purchase a book with cash, leaving such companies out of the equation. "Electronic payments have become the oxygen of e-commerce and e-books, so PayPal, banks and credit card companies have enormous power," Coker said. "What right does a financial institution have to censor legal content? Authors are being caught in the middle.""

If you write fan fiction, are a Community, or Inspector Spacetime fan, or you remix content, why not write about it in Fanlore? Additions are welcome from all fans.

We want your suggestions! If you know of an essay, video, article, event, or link you think we should know about, comment on the most recent Links Roundup — on transformativeworks.org, LJ, or DW — 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.

Here's a roundup of stories on collaborative fan activity that might be of interest to fans:

• Comic Book Movie announced that ""The Batman" will be a FANMADE series released on the internet" and asked for suggestions from fans as to the animated movie's content.
• Soaps.com asks for contributions for fan fiction citing the many stalled storylines of cancelled soap series. "We’ve lost so many of our soap operas in the past few years. Fans are missing the soap characters they’ve grown accustomed to seeing each day over the years. With that in mind, Soaps.com decided to bring your beloved characters, and not so beloved characters back to life via Fan Fiction."
• Unleash the Fanboy announced that a new Star Wars fan film was "groundbreaking" because "a group of Spanish-speaking fanboys made a Star Wars themed flick about two lovers…who happen to be stormtroopers."
• The MarySue posted about how a fan film had topped the annual recommendations made by those in the entertainment industry. "Much like The Black List, the Viewfinder List recognizes short form video content and the up and coming helmers responsible for it.”" The live-action short film, Portal: No Escape, got the most recommendations. "Even if you don’t play the video game it’s based on, it’s a really spectacular thing to watch."
• Lastly, Think Progress took note of collaborative fan action on a different front, that of speaking out against SOPA. "I suspect that as fandom becomes an increasingly important basis for identity or community, we’ll see more work and organizations along these lines where the values that motivate service are drawn less explicitly from political parties or religious faith and more from powerful fictional texts."
  

If you write fan fiction are part of Batman, gaming, or soap opera fandom, or have taken a stand against SOPA, why not contribute your fandom experience to Fanlore? Additions are welcome from all fans.

We want your suggestions! If you know of an essay, video, article, event, or link you think we should know about, comment on the most recent Links Roundup — on transformativeworks.org, LJ, or DW — 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.

Here's a roundup of stories on legal actions that might be of interest to fans:

• Many fans who were not already aware of the proposed SOPA and PIPA bills in the U.S. legislature became aware of them along with much of the rest of the online community after last week's blackout day of protest in which numerous sites, including those of the OTW, either went dark or sported banners in opposition to the bills. Individual fans also blacked out their own sites or, like blogger Serena Wilken at the Huffington Post, wrote about how fandom might suffer if this legislation was enacted.
• Some fans have already been affected by anti-piracy efforts. The Wall Street Journal reported that "The Federal Bureau of Investigation shut down Thursday one of the world's most popular file-sharing websites, MegaUpload.com, and announced the arrest of four of the people behind it in a global crackdown against the suspected online pirates." Online locker services are heavily used by fans engaged in transformative works such as podfic recordings, music videos, collections of artwork, or even single story fan fiction downloads intended for eReaders. The sites targeted by local law enforcement were located in various countries, a demonstration of the international scope of U.S. enforcement efforts.
• Unfortunately, government actions against "piracy" are only part of how fandom may be impacted by legal activity. In a disappointing ruling on January 18, the same day as the Internet blackouts, the U.S. Supreme Court ruled that works in the public domain could be put back under copyright. While the change is intended in part to standardize international copyrights, and thus equalize the standing of foreign creators under U.S. law, this change will also affect numerous artists, musicians and other creators utilizing works previously in the public domain.

If you are concerned about copyright or use file sharing services, why not contribute your experiences to Fanlore? Additions are welcome from all fans.

We want your suggestions! If you know of an essay, video, article, event, or link you think we should know about, comment on the most recent Links Roundup — on transformativeworks.org, LJ, or DW — 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.