I had to get a smidgen famaliar with “copyright law in general” after an original music band I was in, used some material from an old indie movie that has since become a cult classic and the producer of which is famously “sue, sue, sue”. We got a proper american copyright lawyer and paid him for advice and an official disclaimer under parody law, and what to legally write on our album sleeve.
There are various reasons why suing is not reasonable for most material on GSS.
First off, any one can sue anyone for anything; you can’t make yourself “un-sue-able” it’s just wither or not you have a case a judge won’t throw out.
Secondly, anyone can sue anyone for anything, but one free-literature author suing another free-literature porn author wouldn’t make sense for GSS.
Say I write a “rip off” one of Sexdroid’s old stories and I call it “my rubber fantasy”, I copy paste the entire text, change the names and publish it here.
First off I have plagiarized his work and that’s shitty of me, boooo, etc. I deserve to have my false work removed and my name discredited as a fraud and a charlatan.
But Suing? well that’s a different thing.
Are there damages to sue for?
The original story was given for free, so the original has zero market value. (it wasn’t made with the intention of directly having an intrinsic market value, it is a free story you can read for free) in other words Martin cannot really sue me for “money I made him lose by sharing his work thus, devaluing it” because his work is free anyways; you can consume it for free, he’s not earning revenue as a touring porn writer signing people’s laptops, etc, he has no income from his work that my plagiarism can effect.
Are their intellectual properly royalties to collect?
I also published my rip off of his story for free; meaning I didn’t make money either.
He would be holding out his hand out before a court saying “I believe I legally deserve the money you made from that story” and I would be saying “you are right, here is the money I made; 0.00cent,”
He released a story for free and I released a rip off of it for free. my actions, while immoral, didn’t generate any money worth suing for. His original story’s market value was zero before my plagiarism, and zero after, and I earned zero off of plagiarizing him. Thus, there is no reason to bring the matter to a court. You would simply contact the author who plagiarized you, tell him to desist and remove the material, or in the case of GSS, probably present you case to the admin and they would remove his work for you.
The only way GSS can be sued is if an author released a (free) story that contained plagiarized copyright material that the defender of that copyright can claim (and prove in a court of law) damaged the value of their intellectual property.
Say someone put up a “The Last of us 2; The Porno” which contained the leaked ending, or “Mickey Mouse has gay sex” and the story goes viral and forever besmirches the character’s reputation, thus costing Disney billions.
Then GSS could be sued for “damages” i.e., they have cost the copyright holder money and damaged the market value of their legally protected intellectual property. That would be a more legally legitimate reason for suing, but, I mean who sue anyone for obscure porn? if the Simpsons can’t keep “Simpsons porn” out of probably a quick google search, what chance is there that anyone, anywhere has the cash to throw at a legal team, to teach an obscure porn community a lesson about not using poor defenseless celebrities or copyrighted characters?
Very unlikely, to unlikelier still.