So, I am NOT a copyright attorney in the EU or elsewhere, so this is just my own non-expert take on the matter (though calling it a "take" might be a bit of an overstatement).
If you read my story, it feels like My French Cousin. It tastes like it. It smells like it. But if you were to read that story and then mine, you would find that very little of what I wrote is directly taken from that story. I went through and tore out so much of the original, and then even the parts I kept, I rewrote almost entirely. The girls names were changed. How they met is wildly different. Their two groups of friends were entirely removed.
I say all that not to take from FightWriter the credit for inspiring me and the story. Not to say that his piece wasn't incredibly sexy and that I strove to keep the same vibe his story had. But instead to say, I think a direct examination of the two pieces would lead to a conclusion that my work is not sufficiently derivitive of his to be considered anything violative of copyright law in any country or grouping of them.
As to the larger issue, would I hate it if fan fiction was banned? Yes. I don't do a lot of it, but I had planned on doing some comic book stories in the future, and so I hope, personally, such does not occur.
But even if the letter of the law makes fan fictions something that is legally impermissible, everytime you, as a copyright holder, send a copyright notice, it costs you money. If a copyright holder went around bombarding every website on which stories with their characters appeared, they would be burning through money fairly quickly. Would Marvel/Disney do it? Yes, they would. George R. R. Martin? Maybe not.
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