The fanfic as copyright infringement argument entertains the hell out of me, because it’s a fight that can never be won.  It doesn’t matter what the law says; in this case you’re up against the hard-wiring of the human brain.  We consume stories and process them into new ones on a level so fundamental that we’re enacting it before the age of 2, whether it’s with dolls and toys or just running around the house telling everybody we’re a Ninja Turtle.

So these people can bitch all they want, frankly.  They might as well try to push the Moon out of orbit by blowing on it hard.

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