[QuantumIguana]

Originally Posted by fjtorres

Just because the rights holder chooses not to prosecute doesn't invalidate the copyright. Or the violation.
Even permissive copyright holders have sued when their tolerance is exceeded (or their pocketbook impacted).

I never said nor implied that the copyright was invalidated.

Let's go through this again.

You said:

"Strictly speaking *all* fanfic *is* copyright violation. Letter of the law and all that."

There is no copyright violation when there is permission. That's not an opinion, that is fact. Since some authors give permission for fanfic, it is clearly false that all fanfic is copyright violation.

Note that I said "permission". You then said "Just because the rights holder chooses not to prosecute..." The status of fanfic when the author has given permission is not the same thing as the status when the author hasn't stated one way or another.

Of course, even when permission is granted, the original author will object if the fanfic writer exceeds the granted permissions, but the author would object to any use in excess of permissions, not just when fanfic writers exceed the granted permissions.

For those authors who haven't indicated one way or the other about fanfic, they can speak for themselves if they want.