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It's time to draw sides - are you on the side of the Marxist Barthes (far be it from me to deride a fellow leftist, but this is one who was an idiot) and want a free for all and no rights for the Author or are you on the side of the Estate, who are actually very generous to fans, already welcoming fan-fic and parody, which they are even happy to allow publication of?
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Lal,
I don't agree with the way you've posed this question. I'm uncomfortable with the "either/or".
I don't feel that anyone here is carrying a banner against the Estate or suggesting that they must immediately change an existing policy. And why must there be just two possible positions on this issue with the need to "choose sides"? On a question this complex, there can be a variety of views and approaches expressed. I almost sense that you see this as some sort of basic test of "loyalty". That also makes me uneasy.
The only thing we can be sure of is that there will be changes in the future. No one can say for sure what those changes will bring. There will be changes in technology, changes in the law, and changes in the way information is disseminated. We can only guess what all this will mean in relation to Tolkien and the Legendarium.
There are legitimate things to be said in favor of a freer sharing of information. For better or worse, technology is pulling us in that direction. There are also very legitimate things to be said in favor of protecting the author and/or the composer so that he or she can enjoy merited recognition and financial reward. But I don't think all the good or bad is on one side or the other.
If I've misread you in this, I apologize.