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Unifxex:
I can say whatever I want, in terms of expressing an opinion. I don't have the right to give permission on behalf of an IP owner simply because of those feelings.
Most people will give different answers to the questions:
Is it moral to do X?
and
Is it legal to do X?
for at least some X
If you want to use IP, you have to obtain permission. If you don't KNOW if you have permission, then you don't HAVE permission.
Is being an in-your-face violator with a bad attitude and no respect for others morally worse than paying homage to your favorite author and not getting anything in return? Certainly, but that's got nothing to do with the actual question of whether this instance of fan-fiction is a legal use of the material or not.
To rephrase then: society decides the rules. A judge decides how to apply them in individual cases. Any individual or group can make any claims about ethics they please, as long as they don't try to impose them on others outside the appropropriate legal process.
Do you think it would be legal for me to, without permission, publish a special edition LOTR, sell it for $1000/copy, and mail Tolkien Enterprises all of the money I get?
I don't think it would, although by your argument I'm certainly giving them more benefit per copy than their existing publishing arrangements.
Whether or not a use of IP is acceptable has nothing to do with how much good I (or anyone besides the owner) feel the action will do the owner.
Stilton
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