This is definitely plagiarism. I agree with Isobel Hamilton that Pat's "Mixed Doubles" is probably the original and far superior. The plagiarized untitled story is a clumsy attempt to repackage the storyline.
Let's put it this way, if this were tried in college, writer #2 would be flunked and reprimanded.
Actually, I myself took Pat's story as a writing exercise -- I have a sentimental weakness for the Avon-Cally "romance that never was" and tried to finish it. I liked the way it came out, although it's a stretch to imagine the "real" (e.g., TV-based) Avon ever softening even a little bit. I wanted to send it to Pat as a tribute to her, but being a newbie at writing, have been much too chicken to do so. It just sits on my PC; every once in a while I drag it out and 'improve' it with a word change or two. But I would never dream of changing the title or eliminating her name on it. She deserves all the credit for suggesting an interesting possibility twist to the B7 fanfic universe.
While I was writing it, in fact, I thought I understood why she didn't finish it. It's never been clear to me exactly how long the period was between the date of Cally's exile and when she joined the Liberator. But even considering how isolationist Auron was and how homophobic the Earth-based Federation had become, it was hard to write believably that Cally was so ignorant of human sexuality. Maybe she was just "all business" when it came to the Revolution!
But absolutely, the second author should be ashamed of his/her self. Let us hope the error was made in ignorance, although I rather doubt it.
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Jean Komatsu wrote:
This is definitely plagiarism. I agree with Isobel Hamilton that Pat's "Mixed Doubles" is probably the original and far superior. The plagiarized untitled story is a clumsy attempt to repackage the storyline.
No, it's not plagiarism, not under U.S. law, anyway. Plagiarism requires actual copying of text. Independent acquisition of the same idea, or even deliberately mimicking someone else's idea are both legal - pro writers do it all the time. For that matter, independent construction of the same text is legal - how many writers have written, say, "Avon glared at Blake"? Copyright law covers the *textual execution* of the story, not the plot of the story.
And frankly, considering that fanfic is already in a bit of a grey area legally, worrying about the copyright *of* fanfic seems a tad - strange.
Mistral