This ought to open a very big can of worms:

http://www.nytimes.com/2001/11/12/politics/recount/12VOTE.html

Michael Corrigan
Programmer
Endora Digital Solutions 
www.endoradigital.com
630/942-5211 x-134
  ----- Original Message ----- 
  From: C. Hatton Humphrey 
  To: CF-Community 
  Sent: Monday, November 12, 2001 11:17 AM
  Subject: RE: Lucasfilm shuts down fanfic site


  > > > Of course, one could make the point that the Constitution
  > > does _not_ say
  > > > your right to not be pissed is protected. Although many people 
would
  > > > disagree, see various "hate speech" type laws around the 
country.
  > > > Personally, I think the more an idiot is allowed to spew
  > > hate speech,
  > > > the more people will realize... well, that they are an idiot. ;)
  > >
  > > Agreed, but you miss my point.  My example was more along the
  > > lines of a
  > > slander or libel, not hate speech or anything along those
  > > lines.  You can be
  > > pissed all you want about an idiot spewing, but when someone
  > > takes your name
  > > and uses it in a slanderous way, then the law can be involved.
  > >
  >
  > Personally, I think libel/slander should be legal as well.... in 
theory.
  > I should be able to say that you have three arms, even if that is a
  > complete lie. I'm kind of an absolutist when it comes to free 
speech.
  > (Of course, nothing works in absolutes, and it would be different if
  > Newsweek said you had 3 arms.)

  I would hope that any competent person would see a difference between 
the
  absurd (your 3 arms suggestion) and the graphic (such as the stories 
that
  were pulled.)  The first difference is that while you can draw me with 
3
  arms 4 legs and a pair of horns, these stories took a step down the 
Dark
  Side (sorry, couldn't resist).  My example of slander or libel would 
make
  the implication that people were involved in rather interesting sexual
  escapades.  That is what this "slash fiction" does.  Some may not find 
lies
  to that scale disturbing, others would be threatening lawsuits if they 
found
  their name and likeness put into such a situation.

  My personal opinion in the matter is that once your freedoms begin
  restricting mine or attacking my personal beliefs directly with 
attacks
  aimed at me personally, we have problems.

  We're also going a little off the topic by using that example.  I 
think a
  better case might be made if your company (blah.com just to throw an 
example
  out) had a group of characters that were used in commercials.  What 
would
  the reaction be if someone took those characters and then created an
  explicit (and to some minds immoral or unethical) carnal story line 
that
  bordered on the bizarre.  If this was done without permission (since 
the
  characters are copyright) then using the character's name and possibly 
image
  in the story would be considered copyright infringement.

  Had the names been altered, the setting changed from what the 
characters are
  normally found in... then that might be enough of a change to be 
considered
  artistic license.  No changes are made though.

  Hatton
  
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