Partly because fanfiction isn't something that's bought and sold (hence "fan" fiction). It exists sort of to the side of the law, in that technically the author and copyright holder of those characters could say, "No you can't do this" -- and some have. If we were talking about stories that were actually being published and sold for money, it probably would be illegal, but you can't legislate what really amounts to fantasy put into words.
Also, there is that pesky first amendment. If this is made illegal, what's next? Should crime books get outlawed? Maybe just the ones where the criminal is idealized, or gets away with their crimes? Should The Sopranos get taken off the air? We may find the underage porn fanfics distasteful, but unless it's actually proven that someone is not only reading/writing the stuff but molesting actual, non-fictional children, it's still pure fantasy.
(This is not to say, by the way, that I approve of this stuff. I actually find it quite icky. But again, as long as no actual children are being hurt, I can't really say it should be made illegal.)
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Date: 2006-08-25 07:34 pm (UTC)Also, there is that pesky first amendment. If this is made illegal, what's next? Should crime books get outlawed? Maybe just the ones where the criminal is idealized, or gets away with their crimes? Should The Sopranos get taken off the air? We may find the underage porn fanfics distasteful, but unless it's actually proven that someone is not only reading/writing the stuff but molesting actual, non-fictional children, it's still pure fantasy.
(This is not to say, by the way, that I approve of this stuff. I actually find it quite icky. But again, as long as no actual children are being hurt, I can't really say it should be made illegal.)