OUTPOST DARIA HAS WON!!! VICTORY!!!!!!!!

Here's something we all should be celebrating.

**** begin quoted message from Martin Pollard ****

MAJOR PROGRESS!!!

I just finished speaking to someone at MTV who is involved with the show (who would prefer to remain anonymous), and much light has been shed on the situation. Apparently, the whole situation is one big, huge, fscking screw-up.

According to the MTV person, MTV Legal checks out fan sites for "bad things," but I was told that unless you have video clips on your site (as SOC did), you're pretty much out of danger. They recognize the same thing that we do, and that _Forbes_ magazine pointed out: fan sites are the best advertising a show could ever have. Well, it seems that someone in MTV Legal had gotten the mistaken impression that OD had video clips online, so they drafted up one of their letters.

Now, this is where it gets interesting...

Near as the MTV person can figure, this letter had been fired off to Yahoo! before it got approval from (or was even shown to!) anyone else at MTV. The MTV person assured me that if they had seen this letter, and seen what site was involved, they would have clamped down on it right then and there. (It seems that OD has something of a reputation in the "Daria" production offices. Words like "one of our best sources of advertising" and so forth were making me blush. )

Alas, the letter went out, Yahoo! received it, and you know what happened next. This does answer the mystery of why I only got a nastygram from Yahoo!, but nothing from MTV: the letter was never meant to be sent.

Anyway, they're continuing to work out some details on their end, and I'm going to be receiving a follow-up call on Monday or Tuesday. In the meantime, I basically have a green light to put OD back online if I can find a different webspace provider. (Note that I'll be VERY choosy regarding the latter; freebie sites like Geocities and Angelfire are out of the question, as you tend to get what you pay for, and my requirements for webspace management are quite specific.)

More news as it happens. Stay tuned!

**** end quoted message from Martin Pollard ****

So this is all a BIG MISUNDERSTANDING, folks! And once Outpost Daria gets a new home (I hope MTV explains things to Yahoo Website Services and Yahoo reinstates him...that would only be fair) we'll once again be able to enjoy the website that truly is the center of Daria fandom in Cyberspace. (My apologies, MTVi)

Oh yeah...Lawndale Commons will be returning to the air too, but not sure when yet, or what it will look like. I think I want to do a major revamp before I restore it.

Take care,
--.\\<-H--

"Michelle Klein-Hass" wrote in message news:[email]...

It's excellent news, and I hope it results in MTV publishing a "fair use policy" for webmasters, to give some confidence back to those who comply with it.

It's clear from this

that they do have such a policy, but it's also clear that their procedures for investigating alleged noncompliance merit improvement.

My _Daria_-derived graphic elements and pictures will remain absent from my site until MTV choose to publish their fair use policy. On the web, or available to webmasters by email on request, I'm not choosy!

I acknowledge that my site looks duller without the _Daria_-derived visuals, but that's less of a problem to me than anxiety about the effects which a nastygram-initiated suspension of service would have on the users of the different resources that reside in my webspace.

Just as I didn't rush to the barricades at news of the Foxing, I'm not rushing to the party now. OD may be coming back (hurrah!), but other effects of this shenanigans remain, including the effect on the confidence of other _Daria_ webmasters.

Martin.

what was the whole deal with that, anyway? it's kind of irritating not to be able to access my favorite website. I thought my computer was being retarded or something...which is pretty normal. oh well.

Jessica M. Slover TPJCC Health Svcs. Astoria, OR

<snip happy news from Martin & Michelle>

Glad to know that this was a snafu on the part of the big corporate behemoths & that Mr. Pollard was in the right.

After losing SSW, alt.Lawndale, Planet Daria, & almost losing Lawndale Commons TWICE, I figured there had to be SOMETHING I could do to save OD & other fansites.

I've spent the last few days doing some legal research & making some phone calls (b/c I spent many years & many bucks training to do this), & if I find anything that will prevent future FOXings of our beloved sites, I'll post it here first.

I'm also glad to know that at least ONE network recognizes the value of fansites such as OD, LC, Paperpusher's Site, etc.

Anyway, congrats to Martin -- hope to see both OD & LC back up before I go on vacation next week (my first in 14 years!).

Cricket

Best news I've heard in a long time. I hope everything pulls through.

Yay!

Sincerely Yours, Jordan

I'm extremely happy about this.

Those of you who had written in support of the Save Outpost Daria movement, you will still get to show off your support. I'm going to put all the e-mails up online once I find the time and then post the URL up on the newsgroup so you can be recognized as being a huge Outpost Daria supporter.

Oh yes, and aren't most of the graphics supposed to be public domain anyway? I mean, it's not like you're reproducing them and making money off of them. Anyways, I highly recommend Dreamhost for web hosting services. I think it's better to go with something other than a Yahoo!-affiliated service because Yahoo! is such a behemoth and you really can't place any faith in their customer service. I've had no complaints with Dreamhost.

Just a suggestion....

LI

Lady Interference said:

The way that "copyright" works is that you may excerpt sections of a copyrighted work for critical purposes (which is what fansites do). The only way that MTV could (successfully) sue a fansite would be if it:

• Excerpted Daria content and SOLD it,

• Excerpted whole Daria episodes (as video or original script),

• Excerpted Daria content without acknowledging copyright,

• Copied Daria _trademarks_ without acknowledging their origin, or

• Used Daria _trademarks_ as its _own_ trademarks.

Note "successfully" ... you may, legally, sue anyone for anything. Of course, if your suit lacks grounds, it is unlikely to succeed; if it obviously lacks grounds the judge may dismiss it without it coming to trial; and if it's obviously _malicious_ you're giving the defendant grounds to countersue.

Sincerely Yours, Jordan

In article , Jordan S. Bassior writes

And if you sue without grounds too often the court could declare you a "Vexatious Litigant", then you can't sue anyone without the Courts permission.

Brett Paul Dunbar said:

I bet that _this_ procedure was evolved _specifically_ to deal with the sort of crank who tries to sue for _everything_.

Sincerely Yours, Jordan

Fan Fic is actually in a very gray area as well, since copyright covers "derivative works" (whole fiction works using characters or settings lifted whole from another property) as well.

I hope fans appreciate the creators and producers who allow fan fic, because the law's on their side if they ever decide to get medieval on our asses.

Oh, thank Goddess. That scared me for a little...I couldn't access the site, and I'd only caught snippets of convo about it here. Thanx for the info Michelle!

cheryl

Makes one wonder what would happen to a hypothetical "Daria Sux" website that was a heavy user of programme derived graphics.

Whatever, this is great news that has brightened up my day.

<Snip happy info>

Whoo-hoo!!! *Does little dance-thing* ^_^!!

Yet another pointless post brought to you by:

Ming The Incredibly cute *And Happy* killer panda.