There are 9 messages totalling 668 lines in this issue. Topics of the day: 1. Mysogeny (Was Morality) (3) 2. bootleg tapes & more (was--ATTN: All Fan Fic writers) (4) 3. CAH and the down-slide of HL 4. Mysogyny (Was Morality) ---------------------------------------------------------------------- Date: Fri, 20 Jul 2001 23:33:01 EDT From: Andrea Cheney <Ac1087@aol.com> Subject: Mysogeny (Was Morality) Trilby: << My friends from churches that ordain women still can't explain to me how they reconcile that with Paul's unequivocal statement: "I do not allow a woman to teach, or to have authority over a man; she must keep silent." ;-) >> Me: While offensive (IMGLO), this seems to address the appropriate role of the Woman in the church when it was in it's infancy. It seems to imply (to me) that Paul believes Women to be inferior to men, thus are not suitable to "have authority over men" or to teach them, but from this quote, I don't get the impression (and some might argue the logic of this opinion) that he hated women. On the other hand, maybe viewing a whole group of people as inferior is hatred. This quote doesn't seem hateful to me. Misguided, ignorant but not hateful. Leah: The worst of it doesn't get quoted very often, because it's downright appalling: "Woman is defective and accidental...a male gone awry. The result of some weakness in the father's generative power." --St. Thomas Aquinas (13th Cent.) "Among all savage beasts, none is found as harmful as woman." --St. John Chrysostom (4th Century) "Girls begin to talk and stand on their feet sooner than boys because weeds grow up more quickly than good crops." -- Martin Luther (Table Talk; 1533) >> Me: Clearly these "great" theologins, thinkers, philosophers or what have you, were Mysogenists. These quotes are full of implied violence, and actual hatred of Women and all things female. Although not religious, I am familiar with the place in the disciplines of History, theology and philosophy of two of the people that were quoted by Leah. Clearly cafeteria or smorgasboard religion is not new if these quotes are not often quoted. They are ugly secrets in religious thought and tradition of a certain religion. Maybe they aren't secrets. Having been born in the early 60's of parents who were at that time in their early to middle 20's, who were eager to try different parenting than the kind that they received. As a part of this, myself and my siblings were spared an upbringing under such hypocracy. Strangely enough, today on more than one occasion my mom has expressed regret for not taking taking my sisters and I to church as she was taken as a child. However, my siblings and I were taught values and raised to be decent people. My siblings and I have never been in any trouble or involved in anything bad, contrary to the opinions of some conservatives and fudamentalists who think that it is impossible to raise good children without (their) religion. If I have blathered on and on, I ask everyone's pardon. Andrea Cheney ------------------------------ Date: Fri, 20 Jul 2001 18:14:23 -1000 From: Geiger <geiger@maui.net> Subject: Re: bootleg tapes & more (was--ATTN: All Fan Fic writers) John-- > My opinion. I have no real problem with fanfic per se. When judged as a > creative endeavour, I think it is relatively harmless and sometimes a very > interesting way of expressing your love of a show. In the grand scheme of > things, it's nothing more 'infringing' than a scrapbook full of cuttings or > an amateur piece of art featuring the likenesses thereof. There are, > frankly, bigger issues. Yes, & they include DISTRIBUTING fanfic on the Internet, which takes it completely out of the personal scrapbook category you evoked above. > Is it actually illegal? I'll simply say that, technically, that has yet to > be proved or otherwise in a court of law.There is a grey area and anyone who > thinks it is a clear cut issue needs to look more closely. Or just look at the law as it stands to date (which is all anyone can do in any area), & you'll see there's no grey at all. Distributing fanfic is an illegal infringement of intellectual property rights. > But for the record: Anyone copies makes a direct copy of my work and I'll > jump up and down on yer ass and make a scene! Now, now. > And Nina? You've made some good points. Don't let them get lost by > presenting them as a challenge rather than a question - because people, > understandably, get defensive and respond to tone rather than words. Like you? Because you didn't respond to my question or detailed scenario at all. I don't recall any tone w/ you (at least, not before you make a personal remark rather tone-laden itself); I just want to know how you can reasonably distinguish distributing w/o permission copied-Impact-articles-with-original-artwork from distributing fanfic w/o permission. I _have_ throught it through quite a bit & honestly see the added artwork as equivalent to a fanfic writer's original story contribution, & also the copyrighted articles as equivalent to the protected franchise material used as a fanfic base. So, how come you're OK w/ distributing fanfic but get hopping mad at the thought of anyone using your work w/o permission? What's the difference? For your convenience, the full scenario is copied below. Nina geiger@maui.net me before-- >>>OK, how about if I not only scan & print out your HL interviews as a lovely set to distribute far & wide via the Internet, but I add several pages of original artwork, illustrating the interviews??? Let's see.... I create amazing renderings of all the HL characters. I fancy myself quite an artist, & HL really inspires me; oddly, no one wanted to look at my work, until now, when suddenly everyone interested in HL wants to see my stuff & people say I'm really, really talented! I, personally, see a lot of slashy subtext in HL, so some of the artwork is of the guys "discovering" each other, in anatomically correct detail. Of course, I give you & Impact full credit & make it clear I just added the artwork--so please don't sue me. My net friends & I trade this stuff around a lot--everyone's doing it! No one's getting hurt, & I hope no one waves my work in front of the Impact people--they really don't want to know. I really, really love doing this, & it's such fun, you know? People who don't like it don't have to look at it. I hope people just turn their heads, & those who don't are just being mean. So, tell me please, what's the difference between that, & fanfic distributed on the net?>>> ------------------------------ Date: Sat, 21 Jul 2001 00:16:51 -0400 From: Janeen Grohsmeyer <darkpanther@erols.com> Subject: Re: CAH and the down-slide of HL Wendy wrote: >I happen to be in the camp that says Cassandra got on with her life and didn't dwell on Methos or her >time in his camp ... that she didn't define herself for 3000 years as "Ex-Horseman Slave". I agree. This view is supported by canon. She tells Duncan in CAH that she thought she had moved beyond that time. >I like to think that she traveled and loved and worked and fought and did not constantly look back over >her shoulder at the Bronze Age. I like to think this, too. She was, however, probably looking over her shoulder for Roland, as implied by the dialog in Prophecy. Duncan: He's right behind you. Cassandra: He always is. > it's too bad that so much Cassandra fanfic in some way relates back to that one incident in her past. >Here we have wide open territory..territory a fanfic author can fill as creatively as they choose without >having to worry about canon...and over and over we get Methos-Cassandra stories. Perhaps this is in part because a great many people find Methos very interesting. Many people find the interaction between Cassandra and Methos interesting. Few people find Cassandra interesting all on her own. Stories about Cassandra that do not include Methos have a very limited audience. Janeen ------------------------------ Date: Fri, 20 Jul 2001 22:06:03 -0700 From: Lynn <lloschin@sprynet.com> Subject: Re: Mysogeny (Was Morality) From: "Andrea Cheney" <Ac1087@aol.com> > Trilby: > > << My friends from churches that ordain women still can't explain to > me how they reconcile that with Paul's unequivocal statement: "I > do not allow a woman to teach, or to have authority over a man; > she must keep silent." ;-) >> > > Me: While offensive (IMGLO), this seems to address the appropriate role of > the Woman in the church when it was in it's infancy. Was it? If women were inferior, why did Jesus (according to biblical sources) reveal his resurrection to women? Were women like Mary only accorded high status long after the beginning of the church? I'm seriously asking. My only other comment on this thread was re Trilby's earlier comment that according to her Christian friends, the New Testament only is authoritative. I'm sure that's true for her friends, yet it seems it's the Old Testament that gets quoted when some Christians want to use the Bible to justify the death penalty (I believe the New Testament says "turn the other cheek") and it's certainly what gets quoted when they want to "prove" that homosexuality is wrong (I believe New Testament says "judge not," etc.) Of course, similar passages in the Old Testament also support selling your daughter into slavery, etc. (I'm sure many of you have seen the anonymous post with such questions to "Dr." Laura, paraphrased so beautifully in that wonderful scene on West Wing.) Lynn ------------------------------ Date: Sat, 21 Jul 2001 11:22:37 +0100 From: "John Mosby (B)" <a.j.mosby@btinternet.com> Subject: Re: bootleg tapes & more (was--ATTN: All Fan Fic writers) > Yes, & they include DISTRIBUTING fanfic on the Internet, which takes it > completely out of the personal scrapbook category you evoked above. Not sure it does.And it does depend on what IS found to be disturbing (which I'm sure you will agree is a personal thing - that's the problem -... even a quick scan of this list shows that different people have different interpretations of what they find acceptable). A person can write ANYTHING they want in ANY way they see fit if it's for personal use. Just the same way I could paint a portrait of one of the characters without the law banging on the door. Now... when we get to the issue of selling/distributing material then we get to the subject-matter that I think we've covered extensively and I'm sure you can check my (and others') previous posts on the LEGAL side of that if you wish to see opinions. > Or just look at the law as it stands to date (which is all anyone can do in > any area), & you'll see there's no grey at all. Distributing fanfic is an > illegal infringement of intellectual property rights. I'm not a lawyer, so I can only sit back and watch those wth better legal knowledge explain. I am under the impression that various people on this List have extensively quoted from legal books which maintain their stance on the standing of fanfic. I don't dispute the validity of either side's points. Personally, given my understanding of the law, I don't think fanfic writers would have a LEGAL chance (if anyone BOTHERED to take it to court), but (as quoted) it seems that as there has never really been a test-case, so we can only speculate how a judge/jury would respond to the interpretation of the law. So far, that doesn't affect your view or Leah's view... it just proves that no judgement has been handed down and everyone's arguing over the wording. Hence that LEGAL grey area. You and Leah can argue all you want, but neither of your opinions means squat until a judge sets a SPECIFIC precedent - particulalrly under the problematic nature of 21st Century cyberspace legal jurisdiction. > > And Nina? You've made some good points. Don't let them get lost by > > presenting them as a challenge rather than a question - because people, > > understandably, get defensive and respond to tone rather than words. > > Like you? Now this is what I mean. I can ask a question... I can say 'I think that's a flawed argument...blah,blah, blah' or 'I don't think you've understood, etc etc etc' and most people here will tell you that it's not a personal attack. It's expressing an opinion of disagreement. You are entitled to your opinion on ANYTHING, Nina, and I'll defend your right to post it here whether I agree with you or not. But Listers might feel that SOME of your posting is the equivalent of jabbing people with your finger, whether you think that's true or not. But it's not what's true, it's all about 'perception'. Ask people on the list how they perceive your style of posting and then decide if that's something which might affect the way you're being answered in turn? I consider that before every post I make. >I just want to know how you can > reasonably distinguish distributing w/o permission > copied-Impact-articles-with-original-artwork from distributing fanfic w/o > permission. Well... because it's not really the same thing. Someone photocopies the Impact article, it copies my work and it's not creating a new version. Adding some pages of artwork to it (homo-erotic or not), doesn't alter the basic fact that you've duplicated my work without permission and that would be my air-tight legal argument. My articles are a bad example because they are factual and I can't see anyone ever being inspired by my articles to actually go away and write fiction - using my piece as a source. If they did, I'm not sure I could prove that my interview was a source for a novel. I guess some films have been inspired by news-stories and no-one sues them for that. Your comparisson might be better suited to a person duplicating a tape and then designing a Highlander box-cover and distributing it, which I agree would clearly breach the letter of an existing law. John Walking Tall, speaking softly and carrying a large stick-boy. ------------------------------ Date: Sat, 21 Jul 2001 10:33:53 -0400 From: Janeen Grohsmeyer <darkpanther@erols.com> Subject: Mysogyny (Was Morality) Lynn asked about women in the Christian church. >Was it? If women were inferior, why did Jesus (according to biblical >sources) reveal his resurrection to women? Were women like Mary only >accorded high status long after the beginning of the church? I'm >seriously asking. > While "the church" is based on Jesus's ministry, it is not identical to it. The very early church (say, before the year 50) had women in positions of some responsibility. As the church grew in size and organization, women's roles were increasingly restricted. I'm not sure which Mary you're referring to above, but Mary Magdalene seemed to be a person of some importance in the movement during Jesus's lifetime. Mary the Mother of God became increasingly important during the Middle Ages, hence the Cathedral of Notre Dame (Our Lady). Thomas Jefferson did not accept the Bible in its entirety, and he did a cut-and-paste job on it to extract what he considered to be the authentic teachings of Jesus. Here's an excerpt from an article by Richard N. Ostling that recently appeared in the Boston Globe. The founding father's treatment of the Bible was radical. The Old Testament was of no interest to Jefferson, who regarded Jesus as a reformer of ''the depraved religion of his own country.'' Jefferson further repudiated the writings of the Apostle Paul, whom he considered the ''first corrupter of the doctrines of Jesus.'' He also eliminated much of the material from the four Gospels, whose compilers he castigated as ''groveling authors'' with ''feeble minds.'' Jefferson censored any hint that Jesus was God, as well as all supernatural events. ''No miracles, no metaphysics, no mystery,'' summarizes Martin E. Marty of the University of Chicago. All that's left are parables and aphorisms. ''He made a Socrates out of Jesus,'' Marty said. Deciding what to keep was easy, because it was ''as distinguishable as diamonds in a dunghill,'' Jefferson said in a letter to John Adams. Janeen ------------------------------ Date: Sat, 21 Jul 2001 11:06:38 -0400 From: Genevieve Clemens <nightsky@erols.com> Subject: Re: Mysogeny (Was Morality) Lynn wrote: > > From: "Andrea Cheney" <Ac1087@aol.com> > > > Trilby: > > > > << My friends from churches that ordain women still can't explain > to > > me how they reconcile that with Paul's unequivocal statement: "I > > do not allow a woman to teach, or to have authority over a man; > > she must keep silent." ;-) >> > > > > Me: While offensive (IMGLO), this seems to address the appropriate > role of > > the Woman in the church when it was in it's infancy. > > Was it? If women were inferior, why did Jesus (according to biblical > sources) reveal his resurrection to women? Were women like Mary only > accorded high status long after the beginning of the church? I'm > seriously asking. Jesus certainly did seem to treat women with an unusal respect, but then it's also been recorded that he treated Samaritians and tax-collectors with a respect unusual in his culture. He seemed to value all people. The thing to realize here is that Jesus was dead and gone before the Church became established. There are some people who would say it was St. Paul, not Jesus, that founded the Christian Church. In the first four-hundred years, the Church evolved from being "just another Jewish sect," to "another one of those weird religious cults in Rome" to the "established religion of the Roman Empire." Over this period (and four hundred years is a long time -- just ask Duncan!) the Church incorporated a number of the ethics and ideology of the Romans. There is some evidence that women had more equality in the church when it was just a "weird religious cult." As the church began to become more respectible, more upper class, women's status began to reflect their status in the Empire. In order to be supported by the Roman government, they "did as the Romans did". The average Christian Bishop of the late third and fourth century was an urban, literate, Roman aristocrat. Certainly, there were still people who tried to take the words of Jesus literally, but they tended to be dismissed as "simple folk" (Origen's words), or be the somewhat-crazy ascetic hermits in the desert. I'm trying to remember the history of Mary -- there were certainly schisms over her status in the early church, but I'm not remembering any details. It wasn't until the Council of Ephesus, in 431, that she was declared the Theotokos - She Who gave birth to God. -------------------------------------------------------------------------- Genevieve <mailto:NightSky@starpower.net> <http://users.erols.com/nightsky/> The World Wide Web has made it possible for anyone to find in five hours what a competent librarian can find in five minutes. :-) ------------------------------ Date: Sat, 21 Jul 2001 14:59:05 -1000 From: Geiger <geiger@maui.net> Subject: Re: bootleg tapes & more (was--ATTN: All Fan Fic writers) me before-- > > Yes, & they include DISTRIBUTING fanfic on the Internet, which takes it > > completely out of the personal scrapbook category you evoked above. John-- > Not sure it does. You aren't sure that a personal scrapbook is a whole different issue than distributing fanfic on the Internet? Are you sure that black is different from an egg? Because in terms of common sense, legality, & just about everything I can imagine, someone's personal scrapbook of clippings, photos, poetry or whatever is completely different from infringing on intellectual property rights & distributing the result far & wide & in perpetuity via the Internet. > I'm not a lawyer, so I can only sit back and watch those wth better legal > knowledge explain. Well, I AM a lawyer, so I can look at applicable statutes, examine case law, & conclude that fanfic is not Fair Use or otherwise allowed by law. Nor is there a trend even hinting at extension in that area. > You and Leah can argue all you want You're confused here. Leah & I never argue. She's the one who mentions all the time that she has me kill-filed, then drones on about someone's else's comment on what I said. Since she thus spends so much time NOT arguing w/ me, I have to wonder why she insists on bringing in the middle man, but--that's Leah. Or, is it Annie? > but neither of your opinions means squat until a judge sets a SPECIFIC > precedent Really? So, it would be OK for me add my artwork to your Impact articles & sell them on EBAY? UNTIL a judge specifically rules THAT'S illegal? >But Listers might feel that SOME of your posting is > the equivalent of jabbing people with your finger, whether you think that's > true or not. But it's not what's true, it's all about 'perception'. My perception is that you don't want to answer my question, & the most likely reason for that is you can't do so in a way you're happy about. So, if you feel a jabbing finger, then maybe it's your conscience. > Ask > people on the list how they perceive your style of posting and then decide > if that's something which might affect the way you're being answered in > turn? I consider that before every post I make. That's must be lovely for you. But, what makes you think perception of posting style is important to me? I'm much more truth-based than perception-based. Besides, if I posted all sunshine & lollipops, people would get confused, be afraid, & wonder what I was planning.... me before-- > >I just want to know how you can > > reasonably distinguish distributing w/o permission > > copied-Impact-articles-with-original-artwork from distributing fanfic w/o > > permission. John-- > Well... because it's not really the same thing. Someone photocopies the > Impact article, it copies my work and it's not creating a new version. Nor is fanfic a new version of anything--it's building on an entire fictional universe & character set that someone sweated blood creating & spends good effort & money maintaining as an entertainment franchise, in the way _they_ see fit (tattered canon & all). Just like fanfic, my hypothetical artwork is inspired by & builds on the actors you interview & the characters they discuss in your articles. And, remember--I really like doing it! And everyone does it! And if you don't like it, you don't have to look! And Impact doesn't have to know! > Adding some pages of artwork to it (homo-erotic or not), doesn't alter the > basic fact that you've duplicated my work without permission and that would > be my air-tight legal argument. My articles are a bad example because they > are factual That hurts your argument. Factual material probably IS less deserving of protection from unauthorized use than creative material--such as the HL universe & characters--infringed on by fanfic. At least, that's what my gut says. I think the only real difference between fanfic & my hypothetical is that one infringes on someone else's rights & the other infringes on yours--& you just care about yours. Now, are you going to continue to bluster about my abrasive posting style, or actually answer me & address the merits? Because that says a lot more about you than it does about me. Nina geiger@maui.net ------------------------------ Date: Sun, 22 Jul 2001 12:01:08 +1000 From: Carmel Macpherson <Carmel@stuartfieldhouse.com> Subject: Re: bootleg tapes & more (was--ATTN: All Fan Fic writers) Hi all Gosh - it's like watching a train crash isn't it! All is revealed. Nina: <<..Well, I AM a lawyer,... I'm much more truth-based than perception-based. ..>> Well if ever there was a profession that was socialised to be more interested in process than outcome then you are in it, dear Nina. I'm happy to say that not all lawyers are so afflicted, by the way and fortunately I know some who manage to rise above the affliction that is so desperate to win a point that they are completely uncaring of the human effects on the people they deal with or whether justice has truly been served. What is that great line from Billy Budd - "We're not talking about justice, Mr Budd. We're talking about the law!" I understand now Nina why you have taken the twisting of people's words to new heights, and see why scoring points is so important to you - far more important than *truth*. I think that you are having yourself on in the above quote. I don't perceive you as interested in truth at all - simply in being incredibly rude, insensitive and thoroughly unpleasant. If you were genuinely interested in intellectual engagement, and not game playing, then you wouldn't adopt a style of argument that puts so many people off side - to the extent where they will simply kill file you rather than read your arguments and respond. A combative style that seems to deliberately thin out the people who will speak with you seems to me to be rather more the mark of a person who has little confidence in the strength of his/her argument per se. You have now managed to insult, berate, misconstrue, misunderstand or ignore many of some of the nicest people on this list and to be frank it's beyond me why it is put up with. It does nothing for Highla-l, nothing to encourage new members to post and little to encourage old members to be bothered. It's like trying to work out whether you will go for a swim in shark infested waters or go for the lagoon around the corner that offers a great crowd on the beach, challenging waves, good discussion, and an even tan versus a roasting. Hmmm./...which one will I choose. Some of us are masochists but that doesn't negate my point. Nina: <<..what makes you think perception of posting style is important to me?..>> Believe me, I don't. It never occurred to me that you in any way think about the real life effect of your posting style on real life people but I'm pleased to see that you have confirmed that for me. Nina: <<..Besides, if I posted all sunshine & lollipops, people would get confused, be afraid, & wonder what I was planning....>> Not at all. You give yourself too much credit in terms of thinking that people like me actually value the stereotype you choose to perpetuate or that it adds any value to our day. I would be delighted to simply see you intellectually engage without feeling as if you have to point score and insult the person. It's called keeping your eye on the ball, and not the player. In terms of the fanfic argument, my own view is that most of us just don't care. Yep - I actually said that. I think that we are all rule breakers and law breakers in many aspects of our lives. Humans are wonderful rationalisers - I speed when I shouldn't...I jay walk...I cross against red lights...I would kill anyone who attempted to harm those close to me....I would steal if it meant a *greater good* as defined by me was served.....(saving my child from starving, for example)....stealing a car if I needed to get out of danger (I'd rationalise it as *borrowing*..)....I'd lie if the circumstances demanded it...laws are social constructs and they change with the times....I'd have had alcohol during Prohibition...I've smoked pot....the most cursory reading on multiculturalism demonstrates that different cultures place emphasis on different aspects of morality. Indeed, this is one of the things that I really enjoy discussing in Highlander - how difficult it must be for Immortals to maintain perspective on changing codes of law and morality without totally substituting their own code. So, who cares if it is illegal. I'll keep writing fanfic until I decide that the cost outweighs the benefit, just as I do with every other aspect of my life. I'll speed down street A until I decide that there really *is* a high risk now that I'll get a speeding ticket. Then I'll speed down Street B...I won't drink and drive because that would endanger other life and the cost certainly outweighs the benefit....for the most part I seriously do try to live my life by the motto of "Treat others in the way that you like to be treated" and within that framework I am a moral relativist/situational ethicist...I write fanfic...I'm going to hell and to gaol? Ah well - if so then think of all that writing time I'd have behind bars... There *have* to be more important topics in Highlander and in life to discuss, that's all. Maybe that's why people aren't responding any more. Maybe they don't care that it may be illegal to write fanfic? Once you have accepted that you are a tarnished soul then it is all relative. As Methos so wisely said: ".."Well it's not that simple. We're all good and evil. We feel rage and compassion. Love and hate. Murder and forgiveness...." I would add, "....we're all hypocrites at least half of the time....". Shades of gray color our lives and our actions - and as much as the law would like to think that it was all black and white, it just isn't. Motivations and intent are very human traits. Kind regards @ Carmel Macpherson: <<<@{}=================>>> Chief EDFWs @ carmel@hldu.org http://www.carmelmacpherson.com/ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Highlander DownUnder: The Official HL Fan Club of Australia PO Box 198, Brisbane Albert St QLD 4002, Australia. OR, for US members, make out checks to Fran and send $US25 to: Fran Koerner P. O. Box 3565, Palos Verdes, CA 90274 Visit the HLDU club site: http://www.hldu.org ***HLDU5. May 2003. Brisbane*** ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ------------------------------ End of HIGHLA-L Digest - 20 Jul 2001 to 21 Jul 2001 (#2001-213) ***************************************************************