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Originally Posted by DrNefario
There is an awful lot of defensiveness in this thread, including some convoluted manoeuvres to try to claim fan fiction is completely legit. Maybe they'd work in court, but they seem to open the door for a number of less innocent things if they do.
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When you're attacked, people fight back. The ones engaged in convoluted manuvers are the people attacking fan fiction. Proponents of fan fiction have admitted that it is a gray area. It is those who attack fan fiction who insist that the matter is clear cut.
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My feeling is that it isn't really legal, but is tolerated. I don't see a problem there. Most sites and authors are probably prepared to pull everything if it ceases to be tolerated. (Although it's been on the internet by then; it's probably too late.) They are aware that they are not standing on solid ground.
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If you tolerate me walking across your property, and then later tell me to cease and desist walking across your property, that doesn't imply that I had done anything wrong before you gave me that notice. If I have permission, implicit or explicit, then I'm not doing anything illegal. That someone might rescind permission at some point doesn't imply that there never was permission.
Complying with a cease and desist order in no way implies an admission of wrongdoing. Settling a lawsuit isn't an admission of wrongdoing, and a cease and desist letter isn't even in court.