Ok guys this is why I think Fan Fiction Writers, Publishers and Authors need to come to some kind of standard agreement - before that choice is taken away from us.
If the Digital Economy Act was enacted here, then that site which had the Diana Gabaldon sex scene re-posted as fan-fic of the other author (sorry can't remember who just now) could have been shut down.
As I understand from a solicitor friend of mine in Edinburgh the law would allow the shut down of any size sites - even Live Journal, Word Press, Facebook etc. He also said they are planning to shut down any sign of copyright infringement whether there is money involved or not - they are looking to set an example. The other unfortunate thing about this law is that it is a 'act first - prove later' law. They only need reasonable suspicion of copyright infringement. For this law, there is no 'gray' area.
So.... anybody ready to open a conversation about how we get the fan-fiction community and the authorial/publishing community to cooperate?