Re: The Beatles and \"Slash\"
<BLOCKQUOTE><font size="1" face="Tahoma, Arial, Sans-Serif">Quote:</font><HR>Originally Posted By lennon4:
Seriously, can she sue? What would get in her way of doing it? If there's nothing blocking her, then why hasn't she?
In answer to your questions, in order:
1) Yes, she can. As all the characters are covered by copyright (and quite possibly are also trademarks, which make them even more valuable), she has every right to go after whoever uses her stuff without her permission. And in this case, I doubt there's anyone not already fated for a trip Azkaban who believes that she'd say yes to HP slash.
2) Nothing, really. As most of the fans posting this stuff live in Berne Copyright Convention-signatory members, and are therefore subject to enforcement, there's nothing that can save these folks. (And if the judgements being heard this week in Los Angeles against KaZaA rule that US copyright law can apply to a company that has no real presence in the US and makes it stick, her hand would be even stronger.)
3) The main reason is one of discovery; she (or more precisely her agents in interest, like Scholastic and AOL-Time Warner) has to find the stuff before they can unleash it. Of course, they could be doing what both Viacom and Fox did a little while ago in protecting their respective STAR TREK and BUFFY properties, which is collect a large list and then go en masse against all of them at once. The reason for doing this is to demonstrate their force of presence and to scare everyone through their sheer size.
In short, not only can she, she and her partners are probably getting together to go after them as we speak. Properties this big usually don't let the sucker fish stay on them that long. If you really like this stuff, catch it while you can, because it's going to be vaporware sooner rather than later.
"Democracies die behind closed doors" - Judge Damon J. Keith
"Like Kurasawa I make mad films
Okay I don't make films
but if I did they'd have a Samurai"