Archive
of Our Own (AO3) seems like a site that will literally allow
anything, doesn't it? They have works on such legally dubious subject
matter as biblical
porn,
explicit
pedophilia
(already having over 150,000 results!) and an entire section
dedicated to libel (“real
person fiction”
or “RPF”, as they call it).
But
you would be very mistaken to think that they don't censor their
website—they absolutely will
delete works that the mods don't like regardless of whether it
violates their Terms of Service. I've filed complaints about enough
works on AO3 and checked weeks later to see if the works were ever
removed to know that even when a work explicitly violates the TOS,
they're rarely deleted. Instead, they cherry pick the content they
censor.
I
posted a fic on AO3 recently which I've copied in its entirety below.
Warning: Explicit content ahead. If you don't care to read all
the generic smut, just skip to the last paragraph. Please also keep
in mind that this is not a debate about the quality of the fic,
whether you thought what I wrote was “wrong”, etc. Respecting
free speech means not restricting an author's words just because you
don't agree with them and to give readers the chance to make
judgments on the work for him or herself.
Harry
loved Draco's sharp mind and fierce competitive instinct. Yet they
only made it better when Harry could do this, get to see this: Draco
dazed by pleasure, his sharp edges softened, the mind briefly
overwhelmed by the body.
And
the heart, Harry
might have thought, except then Draco would sense it and mock him
forever. As if Draco weren't incredibly soppy sometimes. He'd spent a
full three hours introducing Harry to the Malfoy portraits and
earnestly requesting their approval, hand clutching Harry's nervously
tight. When Great-Uncle Septimus had said no, Draco had conjured a
bucket of turpentine and waved it until his ancestor got with the
program.
Harry
smiled besottedly down at Draco and shoved two fingers into his ass.
Draco's
eyes widened, a small sound escaping him. He was hot inside, and
slick with lube and Harry's come. Harry just kept his fingers there
for a few moments, enjoying being inside Draco once more. Even better
was holding Draco's eyes while he did it. Draco's body tautened a
little from its post-orgasmic lassitude, his breathing speeding a
little. Harry grinned, exulting in the slightly nervous anticipation
in Draco's face as Harry flexed his fingers.
Harry
watched every twitch and change in Draco's face as he fingered him
slowly. He held Draco's gaze, refusing to let him hide the prickling,
oversensitive pleasure Harry was inflicting. Draco turned his face
away, closing his eyes. Harry pumped his fingers harder in
retaliation, and Draco tightened round Harry's fingers.
“Merlin,
Harry, I can't... I just came, I can't deal with...”
“All
right,” Harry told him. “Green, yellow, red?”
It
was a sincere question, but there was an undeniable thrill in
watching Draco's cheeks turn pink as he was forced to admit he wanted
this. “Green,” he muttered.
“Pardon?”
said Harry, scissoring his fingers.
“Green,”
Draco snarled, glaring. The glare collapsed into a groan as Harry
slipped a third finger into him.
“See,
there you are,” Harry cooed. “I know you just can't get enough of
this, of me fucking you till you can't see straight.”
Draco
laughed a little; the sound hitched as Harry nudged his prostate. “I
never see straight, haven't you heard? When a hot man walks by I see
anything but straight.”
Harry
smiled. “But it's just me who gets to drive you out of your fucking
mind.” He thrummed his fingers inside Draco. Draco's kiss-bruised
mouth opened on a gasp.
“Celebrities,”
Draco huffed. “You always say you're not but clearly you're getting
big-headed.”
Harry
wriggled a little, getting comfortable between Draco's thighs. Draco
slung his legs over Harry's shoulders in response, easing Harry's
access to his hole. His cock was hardening, looking almost painfully
flushed. Draco tried valiantly to ignore this fact and Harry's smirk.
Harry stroked him inside, finding the sensitive places he'd learnt
through careful study. Draco made a soft sound, like biting back a
groan.
“You're
delusional,” said Draco. He sounded close to laughing, yet there
was undeniable strain in his voice as he tried to keep it even,
pretending that Harry's touch wasn't affecting him. “You think
you're so sexy and dominant, but you're just getting nutty from all
the wizards sending you pornographic fan letters. I always knew it.
Helpless in the face of praise, that's you.”
“Funny,”
said Harry. “That's how I think of you.” Draco looked outraged,
but his retort dissolved into a groan as Harry pumped his fingers in
a steady rhythm. “Go on, let yourself,” Harry told him. “I know
how much you want this. You can't help yourself.”
Draco
made an outraged noise, but his back arched uncontrollably as Harry
worked his prostate. “You don't know what you're t-talking about,”
Draco said, voice wobbling as his thighs went tight over Harry, his
body curling in round Harry's fingers. Desire tightened Harry's
throat as he watched. “I don't need this. I would do just fine with
your molesting hands all over me on a regular basis.”
“Oh,
it's okay,” Harry soothed. “I know what you need. You're mine,
don't worry, so I'll give you what you need. You don't have to hide
it.” Draco writhed on Harry's hand, twitching with every movement
of Harry's fingers inside him. “I can feel your hot little hole all
tight around me, you just want more, don't you?” he crooned. “Want
to fuck me and get fucked, feel me all over you.” Draco was huffing
for breath, straining not to react; Harry's own breath caught that
rhythm as he felt Draco squirm. Draco's cheeks were stained red with
embarrassment that just wound them both up more.
“I
love doing this to you, you know? Especially after sex. You're all
sensitive and open and hot for me, it's so...” Harry trailed off in
the face of Draco's groans, how he quivered with Harry's words. He
hadn't been lying; Draco so vulnerable to pleasure was a thing to be
savored, and watching him get wrecked by this sent lust thumping
through Harry's blood. He finally took hold of Draco's cock, stroking
it in counterpoint to his fingers inside.
Draco
tossed his head, thighs quivering round Harry. Recognizing the signs,
Harry eased things down again; slowing his hand on Draco's cock,
stilling his fingers inside him. He wasn't ready for Draco to come
again, wasn't ready to give this up; watching Draco squirm
desperately, helpless in the face of Harry's hands working him up or
soothing him down, putting him through his paces with relentless
pleasure.
Draco
growled at him faintly, thumping his head back against the mattress,
but didn't push. Harry's body felt overheated, his hair sticking to
his temples from sweat though he'd barely moved in a while. He tried
to distract both himself and Draco.
“So,
d'you think the Tornadoes'll win their game this week?”
“Potter,
what on earth are you wittering about?”
“Sorry,”
said Harry with badly-faked innocence, “did you need me to be doing
something else?”
Draco
scowled at him murderously then flopped down. “Of course the
Tornadoes won't win their game this week. All these years of
Quidditch and you're – you're – still an idiot, d-did you forget
their Keeper's still injured and the r-reserve is – ” He broke
off on a groan. “God, Potter, you know that drives me mad.”
“What,
you mean this?”
Draco
gave a long moan that made Harry's mouth go dry. He kept rubbing at
Draco's prostate steadily, other hand on Draco's cock. He couldn't
have made himself stop, feeling Draco come apart under his hands,
nonsense spilling from that kiss-reddened mouth.
He
managed to leave off before Draco came, which was apparently the last
straw.
“Potter,
you bastard!”
“Ready
to admit you fucking love it when I – ”
“Yes,
but that's not – I can't take it any more.”
“What?”
“I
can't take it any more!”
Positioning
his ass over Harry's face, Draco shot the largest turd he's ever shat
directly into his lover's mouth which Harry hungrily ate up. They
then lay together, panting and sweaty, completely incapable of higher
brain function...just like the people reading this trollfic!
Author's Note:
As
much as you might rush to label me a homophobe for this, you're the
one that's reading yaoi fics that completely contradict canon. If you
think these types of fics are actually improving canon or if you
avoid reading any straight fics, that actually makes you
a heterophobe.
If
you go to a fandom with canonical same-sex relationships, isn't it
funny how you'll find a serious lack of fics featuring noncanonical
straight pairings? That's simply because we don't make those types of
fics since we actually have more than two brain cells to rub
together. We don't just see hot people on screen and immediately
think “OMG I want them rubbing their genitals together right
now!!!!1” #truthhurts
Thank
god for the M/M exclusion filter, or as I like to call it (when
applied to fandoms with only straight 'ships), “the quickest way to
remove 95% of idiocy” filter.
Flames
are welcome and will be used to make myself a nice steak dinner.
Enjoy your day!
**************************
AO3 sent the following email to me:
I
sent the below reply/appeal:
And
here's their reply several days later:
There's
so much to unpack here that I'll need to go through it section by
section. But one thing that stands out like a sore thumb is that
there's absolutely no reference to their TOS in their reply, as if
they're pulling this pitiful attempt at justification for their
censorship straight out of their ass.
In
your example, some artists 1) use the melodies of other artists but
2) change the lyrics. The second point is critical here. By coming up
with new lyrics for the song, they have added a transformative
element: they have added something new, with a further purpose or
different character, altering the source with new expression,
meaning, or message. If they did not change the lyrics substantially,
then they would simply be copying the original artist's work.
This
is clearly just their opinion on when something is different enough
from a copyrighted work to be deemed transformative. I still disagree
with their interpretation, especially since they had no
counterargument for my assertion that, unlike many parody musicians,
I was not motivated by profit and was not attempting to make money
off my parody/satirical fic which are two of the main factors to be
weighed when deciding if a work is infringing or not.
96%
of your work is you copying 77% of Lokifan's work. The only original
material you contributed to the work you posted was 43 words (4%) at
the end. Simply adding 43 words onto the end of 1,135 words written
by someone else does not meaningfully transform the other person's
words in any way. You have simply copied their words, and then added
a brief remark of your own. Unlike "Weird Al" Yankovic or
other parody songwriters who create their own lyrics, you have not
made any substantive change to the work you posted. Although you
claim that your 4% contribution changes the 'tone' of the work, you
have only changed the tone of 4% of the work. The other 96% of the
words are the same as if they had been read in the original context.
Adding
insults or a brief joke does not, by itself, make something satire or
parody. You have to also create your own transformative work, or else
you're just reposting someone else's work and then making a joke
about it. That is what you have done here.
Your
work is very clearly copyright infringement. Moreover, it is
plagiarism, as you did not credit the original author of 96% of your
work, and instead presented it as your own words.
A
formal warning and the removal of the work is the standard penalty
for engaging in copyright infringement and plagiarism of this scale.
At the Policy & Abuse committee's discretion, we may offer a user
the chance to edit their work instead, but this is not required by
the Terms of Service. Our standard practice is to offer a user a
chance to edit when they have quoted too much material from someone
else's work (thereby committing copyright infringement), but have
also included a substantial amount of their own original content. A
work that consists of more than 90% plagiarism and contains less than
100 original words is well below qualification for such
consideration.
We
apologize for the lack of clarity in our prior email regarding why
you are in violation of our harassment policies (Section IV.G. of our
Terms of Service). It is not because you wrote content that is
negative about characters or a specific pairing. If you had simply
written your own scatological joke fic about this pairing instead of
committing copyright infringement and plagiarism, and posted it
without any additional notes, then we would not have contacted you.
And
all of the above is also solely this mod's opinion of when a work has
enough original content to qualify as non-infringing under their own
made-up standards which are strangely just so very particular and
demanding when it comes to this type of fic that so many fanfic
readers find offensive. Notice how the mod didn't cite to anything
(not their TOS, the law of any country, nothing!) to support their
claims. Since AO3's TOS doesn't state anything about how much of a
work can be borrowed from another work before it's considered
plagiarism/copyright infringement by their standards, how much do you
want to bet that the standard they use is based entirely on how badly
they want to delete the fic and not at all on a consistent, fair
standard?
And
despite the wordiness of the mod's response in relation to the
plagiarism allegation, I'm still left without any concrete guidance
of what their standard is because all they told me is that “a work
that consists of more than 90% plagiarism and contains less than 100
original words is well below qualification” and their TOS only
seems to indicate that their standard for determining that a work is
infringing is very low: “Simply
finding and replacing names, substituting synonyms, or rearranging a
few words is not enough to make the work original to you.”
Furthermore,
there are over 58,000
works tagged as “songfics”
which are fics that use copyrighted song lyrics either in part or in
full within the fic. So clearly, their commitment to defending the
Internet against plagiarism/copyright infringement is very minimal,
especially considering that most songs, unlike fanworks, are very
frequently monetized and thus a musician's livelihood is actually
threatened when their copyrighted work is infringed, unlike a fanfic
writer who could not have profited from their derivative work.
In
reference to the length of the original part of my fic, there are
currently over 254,000
works that have under 100 words on AO3
and several hundred fics using the “1
sentence fiction”
tag (and yes, they're fics that are literally just one sentence
long). The mod even stated that, simply by removing all the
“plagiarized” portions and not including my author note, they
wouldn't have deleted my fic. Considering that it would have been so
quick and easy for me to simply remove something from the fic, I
wonder why they didn't give me the chance to? Geez, it's almost as if
they just wanted any excuse they could find to delete my fic and give
me a strike for failing to abide by these nonexistent parts of their
TOS! And their TOS threatens (harasses?) to permanently “suspend”
users (not just accounts) for enough violations of their TOS.
However,
you did not post your own work. Instead you infringed upon someone
else's work, used tags and a summary designed to attract readers who
like a specific pairing, and then used the notes of your work to
berate and insult those readers that you deliberately attracted. You
stated that anyone who creates or enjoys works about non-canonical
same-sex pairings doesn't have "more than two brain cells to rub
together" and accused them of "heterophobia" based on
their preferences in fanfiction. This is harassment and is not
acceptable behavior on the Archive.
The
Archive was founded to be a home for transformative fiction. We allow
all types of transformative fiction that is legal in the United
States. However, we are not a social media site and we
do not provide equal protection to all other types of speech,
including nonfictional commentary.
In particular, we are not obliged to provide a platform for
commentary that is designed to harass other users into not creating
certain types of transformative works.
Your
appeal is denied, and the warning on your account stands.
The
amount of effort this mod went to to defend their bias is pitiful.
Once again, they stick to their prejudiced definition of harassment
which is not reflected in the actual definition of this word
(“aggressive
pressure or intimidation”) nor
the explanations of what constitutes harassment from AO3's own TOS:
“threatening
Content will be considered harassment, while Content that is merely
annoying will be allowed” and “we will not remove Content for
offensiveness, no matter how awful, repugnant, or badly spelled we
may personally find that Content to be.” Needless to say, I'm glad
I didn't waste my time making this fic from scratch since they were
clearly going to shoehorn in some reason for deleting it no matter
what (as this proves).
They
also complain that, by tagging the fic appropriately with the pairing
contained throughout the entire fic, I've done something wrong by
“attracting” readers who are fans of that pairing (that's
literally the whole point of using a pairing tag) even though their
TOS states that “failure to use an appropriate rating or Archive
warning is not a violation of the abuse policy” and “it is our
policy to defer to creators' categorizations.”
Also,
note how the mod didn't respond at all to many of my very valid
arguments, such as how my fic actually created renewed interest in
Lokifan's 7-year-old fic and thus served as promotion for the
complete and un-satirized version of it or how my fic had an
important social purpose by bringing attention to the heterophobic
attitudes of many yaoi fans that I've observed on social media. It's
like the mod didn't have any counterargument for them because they
knew I was right and yet they didn't care because they just wanted my
fic gone that badly.
This
line, however, takes the cake: “...we do not provide equal
protection to all other types of speech,
including nonfictional commentary.” By “equal protection”, they
specifically mean “the right to not have your entire fic deleted
because we didn't like something you wrote.” This
is even in spite of AO3 hosting thousands of nonfictional works, such
as “essays”
and “nonfiction”.
It's also ridiculous to make such a statement considering AO3 allows
fiction based on real
people and even has an
entire section of the site dedicated to it. Nonsensically,
this mod's statement means that they only
openly invite libelous content and don't welcome anything that isn't
libel (in other words, anything that's true). So AO3 expressly
condones telling lies about real
people. But telling the truth? Oh, now that's
going too far!
RPF
isn't limited to celebrities either as nothing in their TOS says you
can't post a real person fic about, for instance, a fanfic writer you
hate, and they even helpfully have an all-inclusive “fandom”
you can post such a fic to. And AO3's definition of celebrity is
clearly very loose since many minor Youtubers are included in their
RPF “fandom” list.
Why
would AO3 even provide the option to add an author note if they're so
hostile toward nonfictional statements? This is the space where
authors routinely discuss the creation of the fic, their own life,
their reactions to people's comments and other “nonfictional”
topics. Just the fact that there's a clickable box to add such a note
to a fanwork is clearly AO3's implied consent for you to do so. As
such, it behooves them to add particular language to their TOS which
sets forth their policy on nonfictional comments added to works
posted to AO3 if said comments are going to have higher standards for
what's considered acceptable than fictional statements have. Again,
this is simply another TOS addendum they're pulling out of their ass.
**************************
So
you heard it straight from the horse's mouth: AO3 doesn't care about
protecting your right to free speech even when it doesn't violate
their TOS or the law in any way, shape or form and you're only
allowed to view the version of their website they want you to see,
one which certainly seems like it's pushing a certain agenda.
AO3,
your bias is showing. Big time. Might wanna scale that back a notch.
I know I'll be linking to this blog post anytime I post a work or
comment on AO3 from now on and I would encourage everyone else to get
the word out about this as well.
I
realize the organization behind AO3 is a nonprofit and the fact that
their filters allow you to avoid seeing a lot of content you don't
like is nice, but they clearly need to be more transparent (in the
form of detailed reports about works deleted from the site, for
instance) and to think a lot harder before force-deleting someone's
fic for any reason and especially when the justification for the
deletion has to be shoehorned in. They have this handy “Archive
warning” system that's supposed to allow even the controversial
content to have a place on the Archive so maybe they should learn how
to make better use of it in lieu of censoring their site.