Xenite Special Events
Why Xenite.Org Does Not Support Operation Blackout
The following article was written early 2000 to explain Xenite.Org's position with respect to a fan site protest concerning use of copyrighted materials on the Internet. The blackout occurred and nothing was changed as a result of the blackout. Was the reluctance of fan sites like Xenite.Org to join the blackout instrumental in its failure? Most likely not. The fan site operators who supported the movement came together for a brief time and voiced their concerns. And they were heard. There may be future issues where fandom is not heard at all. So, let those who supported the movement take what comfort they can from the fact that it happened.
On May 13, 2000, many fannish web sites will go offline for a period of several hours or more to protest studio crackdowns of fannish web sites. Xenite.Org, after much careful deliberation, will not participate in the protest, although we will permit some of our sites to shut down if their webmasters wish to support the protest.
We have two reasons for not supporting the protest.
First, we believe in freedom of speech and the right to protest. But protests may be misguided or misplaced. Xenite.Org is a fannish domain, privately owned and administered, but we retain copyrights to the material posted here and we have in the past and will in the future enforce those copyrights against other fannish web sites which have misappropriated our material. The spirit of SF fandom is the celebrate the personal enjoyment one feels in the mind-broadening experience of a good book, movie, television show, or other form of art or entertainment which falls into the realm of speculative fiction. But the creators of these works of fiction and art have certain rights under our laws. They are also obligated, where trademarks and rights of publicity are concerned, to enforce their rights or risk losng them.
Fannish web sites occasionally cross the line in abusing the rights of the artists, actors, studios, and corporations which own trademarks and copyrights. Sometimes the owners look the other way, or work with fandom to achieve some equitable arrangement whereby fannish expression is permitted without threatening the integrity of financial resources. Sometimes the owners simply enforce their rights stringently.
Trademark and copyright law as practiced and administered in the United States, where a significant portion of online fandom exists, allows for "fair use" of citations and trademarks with proper credit. What constitutes "fair use" in the eyes of the fans may not meet the requirements of the trademark and copyright owners, and these disagreements have led to conflicts which always result in the fans' losing their web sites or being forced to alter the contents, and in fostering ill will between fandom and corporate interests.
We do help to promote these television shows, books, and movies. We do provide a viable channel for economic benefit through our participation in authorized affiliate or associate programs with resellers of licensed products. We do express our support of these works and trademarks through our own purchases of licensed items.
But we are not the primary market for these corporations, and our purchases do not entitle us to rights not extended by the laws. If a trademark is being abused, it is being abused. If a copyright is being violated, it is being violated. We as webmasters seek to preserve the integrity of our own original works. It is, in my opinion, hypocritical to stand up and protest the actions of others who are merely protecting their own rights and interests. They may have more money than I do, and they may make more money than I do, but I expect the laws to work for me, so I must allow the laws to work for them.
The second reason that Xenite.Org will not join in the protest is that we are a very diverse domain. We don't just just provide content for television shows and movies. We provide content about literary subjects, and we provide our own original content (fiction and artwork). We have worked hard to build up this domain and to promote it. We cannot stop the promotional efforts that have built up through the years in the form of banner campaigns, links on major Web sites, listings in directories and search engines, and so forth. Those promotional efforts will continue if Xenite.Org is offline, and we have learned through experience with technical difficulties that the audience we are trying to reach will lose faith in the promotions we run if we are not here to fulfill the promises we have made in our promotions.
One day of protest may hold great significance for those who support the idea, but given that we do not support this initiative, and that we do not wish to lose the goodwill of the audience we have targeted in our promotions, this is not a battle we choose to fight. It is possible that our lack of participation will result in a fannish backlash. Other webmasters may elect to punish us by not linking to us. We hope such a choice would not seem reasonable to any of our fellow web sites. We will continue to promote online fandom regardless of how we are viewed by others. We hope no site is punished for not participating in Operation Blackout. Disagreeing with the initiative is another prerogative of free speech, and people who stand up for free speech must also recognize that it applies even to those who disagree with them. We will do our part to support free speech. But Xenite.Org will not go down on May 13.
Because some of Xenite.Org's Web sites are specially administered, I have extended to those Webmasters the freedom to decide whether they will join in the protest.
I thank you for your understanding. No matter what happens in the future, we recognize the legitimate concerns of fans over these studio crackdowns. Some studios and networks actively work with fans to help promote online fandom. We applaud their courage and efforts, and hope their examples will influence the rest of the industry. We are gratified to have benefitted from the tacit recognition of some studios and/or the active encouragement of others for online fandom. Not everyone in the industry is opposed to fannish use of official materials. As owner of Xenite.Org I feel there are other, more productive paths to pursue, and I will walk those paths with whomever wishes to join me.
Michael Martinez
Owner and Senior Administrator, Xenite.Org
