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ext_27009 ([identity profile] libgirl.livejournal.com) wrote in [community profile] otw_news2007-05-31 11:17 pm
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A Question....

Has there been any consideration about age restrictions at the suggested archive?

As a long-time, multi-fandom participant and talking with another one this week over the issue at LJ and with fanlib, two things came up:

1. As long as we're paying someone else to host our things, they can decide not to host specific things. Also, people will attempt to make a profit off of us in any way possible. The best solution is to host our own site with a dedicated server than can house us all.

2. We were talking and we both agreed that if there was a multi-fandom fanfiction hub, we wouldn't want it to be along the lines of ff.net. Everyone I know cringes when a news source goes to ff.net to talk about the "fandom phenomenon". That said, admitting fic.'s based on quality is tricky and subjective. If we create something, for ourselves, then I hope that we would both cover ourselves legally and present ourselves professionally. There is a legal issue involving minors and NC-17 material than can only really be remedied by not allowing minors. The easiest solution seems to be creating a panfandom archive for underage readers either in association with or as part of the larger archive, requiring a age statement to sign up and logged-in-only access to adult material. Also, if there are no underage readers allowed, then there is less likelihood of creating another ff.net.

I know that this will probably not be a popular opinion. I know that many people in fandom, particularly on LJ are underage and "passing" or "socking" in order to read adult material. I'm not saying that some underage readers cannot handle adult material or aren't already participating in adult activities; however, from a legal standpoint, it seems more responsible to take precautions.

Additionally, in light of the recent LJ events, it's obvious that much of what gets archives, websites, journals and fic.'s shut down is a perceived danger to the "childrenz". If this is a site by adults, for adults it's less likely to come under that sort of negative fire. After all, we're going to have to deal with the legal ramifications of intellectual property and copyright laws already.

I'm truly not trying to rock the boat or ignore the many and important contributions of underage fans to fandom. I'm just trying to ascertain how the issues of liability will be dealt with.
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[identity profile] itrasbiel.livejournal.com 2007-06-01 09:22 am (UTC)(link)
Right. Hence my support of a "I'm over 18" button for non-members. But I don't see that feature on a lot of archive sites (although it is more prevalent on fanfiction sites than on, like, general art sites, and that probably has something to do with the amount of outsider attention the site pulls), and I don't know if that's a perceived legal concern or the coders not writing the feature up, or what. Most of the archive sites I hang around do have a member-specific opt-in for adult content, though.

In a perfect world, I'd probably prefer the format AFFN uses over anything else-- a warning on the splash page, and past that no warnings or barriers. But since a lot of the discussion is about finding a legally defensible position, I was just throwing out some ways I had seen other sites handle adult content.

(and, actually, I know there are a whole lot of empty accounts on both AFFN and y!gallery, from readers/watchers signing up to see the porn or comment/review, but I do agree that when faced with a "you need an account to do X" most users won't sign up just to get the basic ability to view content on the site.)