*cackling*
If OTW werenât around, this wouldnât be âscaremongeringâ: It would be the inescapable status quo.
The people who believe this crap are the anti-vaxxers of fandom.
Oh god. They kind of are, arenât they?
Iâd go bigger and just say that theyâre the conservatives/reactionaries of fandomâor, to frame it differently, this is how conservative and authoritarian ideologies express themselves in the context of Fandom.
my opinion on AO3 is that itâs an important asset but i still find it scummy that theyâll ask for money but when their users try to ask for money they slam them with their non-monetization rules. Like Anne Rice is dead and this isnât the 90s anymore, people are making money from fandom please catch up with the times.
I think youâve misunderstood:
AO3 was built by a bunch of us with our free donated labor for the purpose of being a space free from commercial spam.
Itâs not a public service. It was built by us to house the type of fandom culture we liked.
People who want to do fandom differently, including making money, are welcome to go build their own site with their own money or their own donated labor.
AO3 does not forbid commercial links because they think fans making money from fanworks is immoral but them making money (to run the damn site) is fine.
AO3 forbids commercial links because they are making a very specific claim about the legality of fanworks, and that claim is about noncommercial fanworks.
Theyâre not saying that commercialized fanworks are against the law. Theyâre just not prepared to host themânor defend them in court.
In case people missed it: The OTW will not honor DMCA takedown orders that are basically, âI own X work and thatâs a fanfic of it, and thatâs copyright infringement so make it go away.â
The OTW says, lolnope, we donât think thatâs copyright infringement. If you disagree, sue us.
The OTW says: Disney - we will not remove explicit Mandalorian fanfic. Rowling, Warner Bros - we will not remove trans Harry Potter fanfic. Gabaldon - we are not removing Outlander fanfic no matter how much you think itâs illegal or a personal violation. Yarbro, if someone puts âThe Adventure of the Gentleman in Blackâ on AO3, you will need to actually take it to trial to (try to) get it removed; none of this C&D order followed by fans caving because they canât afford a lawyer.
âŚSo far, nobody has sued them. (This is, in my mind, the strongest proof we have that fanfic is not copyright infringement. In 13 years, not a single person or company has scrounged up a lawyer and filed a lawsuit against AO3/the OTW for hosting fanworks.)
But theyâre not willing to put themselves on the line for commercial works. Those get considered differently in copyright law. Theyâre not always infringing - thereâs a whole history of parody books & songs to prove that - but the OTW is not dealing with them.
The OTW does not care if fans are making money. The OTW cares if fans making money interfere with its legal defense of its archive.
If you are not a copyright lawyer, your opinion about the situation is not going to be considered.
Also, it wasnât just Anne Rice coming after fandom in the 90s as though this is some relic holdover terror from ancient history.
Events like Strikethrough and Boldthrough happened in the early to mid-2000s. It felt like youâd wake up every day in 2007 and find another fandom group on LJ gone. (And not just fandom groups either, important community groups for education and trauma survival were also wiped out in those purges as well.)
And while not exactly the same, Yahoo Groupsâand yes Yahoo Groups was a major online fandom hub at one pointâwere deleted as late as 2019 with very little warning, leaving a lot of older fandom groups scrambling to back up decades worth of content.
I might be projecting, but Fanfic.net seems to be wobbling too. It wouldnât surprise me to find out they go under in the next few years despite performing similar purges of adult content in 2012 and allowing for obnoxious ads, which made the site unusable on mobile unless you wanted to see an ad what felt like every couple of paragraphs. (It might be better now, I havenât checked in a while.)
It has only been in very recent memory that fandom has gained any sort of foothold that isnât poised directly over a precarious faultline that could at any moment open up and swallow entire communities whole, and a huge part of that is the volunteers at Ao3 who decided to play chicken with the likes of Anne Rice and won.
Ao3 at its core was and is built by fandom. Some people donât like it and thatâs fine, but to even suggest that the volunteers are lounging around eating peeled grapes and lighting cigars with hundred dollar bills making bank through fraud while fanfic authors are left out in the cold is beyond the scope of laughable.























