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Flame of the West

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Since: Dec 23, 2007
Posts: 16



(Msg. 1) Posted: Mon Jan 14, 2008 2:01 am
Post subject: Yuck! Could be worse!
Archived from groups: rec>arts>books>tolkien, others (more info?)

Did y'all read about how JK Rowling is suing to prevent someone from
publishing a reference work about Harry Potter? Thank Eru that the
Tolkien estate never thought that way!

-- FotW

Reality is for those who cannot cope with Middle-earth.

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troels2

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Since: Feb 19, 2004
Posts: 629



(Msg. 2) Posted: Mon Jan 14, 2008 9:28 am
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In message <news:qt2dnTIwgYQklRbanZ2dnUVZ_sudnZ2d@comcast.com>
Flame of the West <SPAM_ME_NOT_jsolinas RemoveThis @comcast.net> spoke these
staves:
>
> Did y'all read about how JK Rowling is suing to prevent someone from
> publishing a reference work about Harry Potter? Thank Eru that the
> Tolkien estate never thought that way!

I do wonder how they would react if somebody decided to publish a book
akin to Foster's guide without agreeing with the estate? Say, if the
Encyclopedia of Arda decided to publish their material in book form and
earn some money from it without consulting with the Estate? And even
then I'd argue that there is a greater element of criticism and
independent work in the Encyclopedia of Arda (due to the status of the
writings Tolkien left unpublished at his death).

My impression is that the Tolkien Estate has always been supportive of
various projects related to Tolkien's writings, both of the story-
internal type (like the atlases), reference works (like Foster's and
Hammond & Scull's) as well as biographical, literary criticism etc.
etc. as long as there was a measure of cooperation. I seem to recall a
reference book (a detailed time-line, IIRC) that ran into trouble for
being too derivative without adding own creative content and which was
published without any agreement with the Estate.

--
Troels Forchhammer
Valid e-mail is <troelsfo(a)gmail.com>
Please put [AFT], [RABT] or 'Tolkien' in subject.

The idea that time may vary from place to place is a
difficult one, but it is the idea Einstein used, and it is
correct - believe it or not.
- Richard Feynman

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news45

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Since: Jan 28, 2005
Posts: 328



(Msg. 3) Posted: Mon Jan 14, 2008 9:28 am
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Troels Forchhammer wrote:

> In message <news:qt2dnTIwgYQklRbanZ2dnUVZ_sudnZ2d@comcast.com>
> Flame of the West <SPAM_ME_NOT_jsolinas.TakeThisOut@comcast.net> spoke these
> staves:
>>
>> Did y'all read about how JK Rowling is suing to prevent someone from
>> publishing a reference work about Harry Potter? Thank Eru that the
>> Tolkien estate never thought that way!
....
> I seem to recall a
> reference book (a detailed time-line, IIRC) that ran into trouble for
> being too derivative without adding own creative content and which was
> published without any agreement with the Estate.

I read of some threatened suit re: HP where that was exactly the situation
claimed - though I don know if this is the case that Flame is thinking of.
--
derek
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Zorag

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Since: Jan 02, 2008
Posts: 15



(Msg. 4) Posted: Mon Jan 14, 2008 8:50 pm
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Flame of the West wrote:

> Did y'all read about how JK Rowling is suing to prevent someone from
> publishing a reference work about Harry Potter? Thank Eru that the
> Tolkien estate never thought that way!
>
> -- FotW
>
> Reality is for those who cannot cope with Middle-earth.

What about this particular work rankled her? There has already been so
much third party Harry Potter material published, not to mention the
countless HP reference websites.


Zorag
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Flame of the West

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Since: Dec 23, 2007
Posts: 16



(Msg. 5) Posted: Mon Jan 14, 2008 9:48 pm
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Zorag wrote:

> What about this particular work rankled her? There has already been so
> much third party Harry Potter material published, not to mention the
> countless HP reference websites.

She wants to do an encyclopedia herself; therefore, apparently, no one
else must be allowed to. What a piece of work she is.

http://www.mywire.com/pubs/AP/2007/11/01/4846662?extID=10051


-- FotW

Reality is for those who cannot cope with Middle-earth.
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Steve Morrison

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Since: Aug 05, 2006
Posts: 63



(Msg. 6) Posted: Mon Jan 14, 2008 11:04 pm
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Derek Broughton wrote:
> Troels Forchhammer wrote:
>
>> In message <news:qt2dnTIwgYQklRbanZ2dnUVZ_sudnZ2d@comcast.com>
>> Flame of the West <SPAM_ME_NOT_jsolinas.TakeThisOut@comcast.net> spoke these
>> staves:
>>> Did y'all read about how JK Rowling is suing to prevent someone from
>>> publishing a reference work about Harry Potter? Thank Eru that the
>>> Tolkien estate never thought that way!
> ...
>> I seem to recall a
>> reference book (a detailed time-line, IIRC) that ran into trouble for
>> being too derivative without adding own creative content and which was
>> published without any agreement with the Estate.
>
> I read of some threatened suit re: HP where that was exactly the situation
> claimed - though I don know if this is the case that Flame is thinking of.

Here is one of many places where you can read more than you ever wanted
to know about it:

http://tinyurl.com/36luuf

It seems the trouble started when the small publisher which was doing
the book refused to show a copy to Warner Bros. to be checked for
infringement (Warner owns some of the trademark rights). I've
wondered whether the publisher (RDR Books) is simply inexperienced
with this type of IP issue, and turned it into a major problem by
stonewalling? But we don't really know all the facts as yet.
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troels2

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Since: Feb 19, 2004
Posts: 629



(Msg. 7) Posted: Tue Jan 15, 2008 9:51 am
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In message <news:RfSdnUVi-dtwgxHanZ2dnUVZ_q7inZ2d@comcast.com> Flame
of the West <SPAM_ME_NOT_jsolinas.RemoveThis@comcast.net> spoke these staves:
>

JK Rowling vs. the Harry Potter Lexicon . . . by proxies

>> What about this particular work rankled her? There has already
>> been so much third party Harry Potter material published, not to
>> mention the countless HP reference websites.

Apparently she makes a distinction between a fan-driven, non-profit
(though I do wonder about that) web-site and a published book. From a
moral point of view, I can agree with that distinction, and from a
legal point, I have no view Wink

I obviously cannot know which parts of the on-line "Harry Potter
Lexicon" were intended to be part of the book, but if it were contain
only -- or predominantly -- the material from the encyclopedic parts,
then I think she may have a good moral position, since that material
is definitely /not/ critical in any way (it is just a reorganisation
of information lifted from the books, much like Foster's guide is for
LotR and Silm). Robert Foster's /Complete Guide to Middle-earth/ is
published with the permission of and in cooperation with the Tolkien
Estate, and hence there is no problem, but without that, I do think
it would be morally dubious.

> She wants to do an encyclopedia herself; therefore, apparently, no
> one else must be allowed to. What a piece of work she is.
>
> http://www.mywire.com/pubs/AP/2007/11/01/4846662?extID=10051

Just to add Rowling's own version:

<http://www.jkrowling.co.uk/textonly/en/news_view.cfm?id=103>

The main confrontation seems to be between Warner Bros. and RDR
Books, and I hesitate to believe in their statements since they are
also clearly directed towards a lawsuit.

Steve's statements on the HP-lexicon web site are, I think, kept
deliberately low-key, and are particularly uninformative about
specific content of the book, although he does state about the
Lexicon that 'Our work has nothing to do with fiction writing and is
only concerned with legitimate critical analysis and academic
considerations.' I'd agree that much of the work there is just that,
but I can't agree if it is applied alone to a simple (however time-
consuming) sorting and reorganisation of published material.

That said, I would be surprised if that was all that there was to the
book and the main question is the weighting of the various parts.

--
Troels Forchhammer
Valid e-mail is <troelsfo(a)gmail.com>
Please put [AFT], [RABT] or 'Tolkien' in subject.

"It would seem that you have no useful skill or talent
whatsoever," he said. "Have you thought of going into
teaching?"
- /Mort/ (Terry Pratchett)
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Paul S. Person

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Since: Aug 25, 2005
Posts: 99



(Msg. 8) Posted: Tue Jan 15, 2008 10:28 am
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On Mon, 14 Jan 2008 09:28:02 GMT, Troels Forchhammer
<Troels RemoveThis @ThisIsFake.invalid> wrote:

>In message <news:qt2dnTIwgYQklRbanZ2dnUVZ_sudnZ2d@comcast.com>
>Flame of the West <SPAM_ME_NOT_jsolinas RemoveThis @comcast.net> spoke these
>staves:
<snippo>
>I seem to recall a
>reference book (a detailed time-line, IIRC) that ran into trouble for
>being too derivative without adding own creative content and which was
>published without any agreement with the Estate.

IIRC, the later posts from the author indicated that he had reached
agreement with the Estate by the simple, lawyer-recommended, expedient
of adding more and more original content until they could no longer
claim that he was engaging in plagiarism.
--
"A portent, therefore, happens not contrary to nature,
but contrary to what we know as nature."
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Steve Morrison

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Since: Aug 05, 2006
Posts: 63



(Msg. 9) Posted: Tue Jan 15, 2008 2:32 pm
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Paul S. Person wrote:
> On Mon, 14 Jan 2008 09:28:02 GMT, Troels Forchhammer
> <Troels.DeleteThis@ThisIsFake.invalid> wrote:
>
>> In message <news:qt2dnTIwgYQklRbanZ2dnUVZ_sudnZ2d@comcast.com>
>> Flame of the West <SPAM_ME_NOT_jsolinas.DeleteThis@comcast.net> spoke these
>> staves:
> <snippo>
>> I seem to recall a
>> reference book (a detailed time-line, IIRC) that ran into trouble for
>> being too derivative without adding own creative content and which was
>> published without any agreement with the Estate.
>
> IIRC, the later posts from the author indicated that he had reached
> agreement with the Estate by the simple, lawyer-recommended, expedient
> of adding more and more original content until they could no longer
> claim that he was engaging in plagiarism.

That was Mike Perry. He mentioned the episode in a comment on an
article about the Lexicon lawsuit, here:

http://tinyurl.com/23c7du
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news45

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Since: Jan 28, 2005
Posts: 328



(Msg. 10) Posted: Tue Jan 15, 2008 4:09 pm
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Zorag wrote:

> Flame of the West wrote:
>
>> Did y'all read about how JK Rowling is suing to prevent someone from
>> publishing a reference work about Harry Potter? Thank Eru that the
>> Tolkien estate never thought that way!
>>
> What about this particular work rankled her? There has already been so
> much third party Harry Potter material published, not to mention the
> countless HP reference websites.

And she's said she's OK with it as long as it's non-commercial.
--
derek
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news45

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Since: Jan 28, 2005
Posts: 328



(Msg. 11) Posted: Tue Jan 15, 2008 4:10 pm
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Flame of the West wrote:

> Zorag wrote:
>
>> What about this particular work rankled her? There has already been so
>> much third party Harry Potter material published, not to mention the
>> countless HP reference websites.
>
> She wants to do an encyclopedia herself; therefore, apparently, no one
> else must be allowed to. What a piece of work she is.
>
> http://www.mywire.com/pubs/AP/2007/11/01/4846662?extID=10051

My god! You mean _she_ wants to be the one to profit from her own
imagination. The evil witch...
--
derek
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Zorag

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Since: Jan 02, 2008
Posts: 15



(Msg. 12) Posted: Tue Jan 15, 2008 7:35 pm
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Troels Forchhammer wrote:

> In message <news:RfSdnUVi-dtwgxHanZ2dnUVZ_q7inZ2d@comcast.com> Flame
> of the West <SPAM_ME_NOT_jsolinas DeleteThis @comcast.net> spoke these staves:
>
> JK Rowling vs. the Harry Potter Lexicon . . . by proxies
>
>>> What about this particular work rankled her? There has already
>>> been so much third party Harry Potter material published, not to
>>> mention the countless HP reference websites.
>
> Apparently she makes a distinction between a fan-driven, non-profit
> (though I do wonder about that) web-site and a published book. From a
> moral point of view, I can agree with that distinction, and from a
> legal point, I have no view Wink

Regarding the non-profit aspect: The HP Lexicon webpage has Google Ads,
so they presumably make money from people reading their work (a
different mechanism from how people make money from a book, but making
money nonetheless). Of course, I have no idea how much they bring in
from such advertising. Does this pass JKR's approval? Maybe they are
only permitted to bring in enough to cover the costs associated with
maintaining the webpage (but then, does JKR audit them)?

> I obviously cannot know which parts of the on-line "Harry Potter
> Lexicon" were intended to be part of the book, but if it were contain
> only -- or predominantly -- the material from the encyclopedic parts,
> then I think she may have a good moral position, since that material
> is definitely /not/ critical in any way (it is just a reorganisation
> of information lifted from the books, much like Foster's guide is for
> LotR and Silm). Robert Foster's /Complete Guide to Middle-earth/ is
> published with the permission of and in cooperation with the Tolkien
> Estate, and hence there is no problem, but without that, I do think
> it would be morally dubious.

This reasoning is sensible. Generally, does a third party work need
permission from Rowling, or are critical works exempt from this but all
other works about the universe need permission? It seems like there is
a lot of third party Harry Potter material available, although I pay
little attention to most of it so my perceptions may be wrong.

>> She wants to do an encyclopedia herself; therefore, apparently, no
>> one else must be allowed to. What a piece of work she is.

I wonder if an unofficial Harry Potter lexicon work would affect the
potential readership for an official encyclopedia penned by Rowling
herself? I imagine that people are so hungry for any additional writing
by Rowling that they will snap up whatever she offers regardless of the
competition. And how much more money does she really need (unless this
is one of her planned charity works, but still...)? I do understand the
moral objections, and I do think an author should have fairly tight
control over their universe, but I also think that Rowling should let a
work like this proceed (at least, I have found the Harry Potter Lexicon
to be one of the more helpful Harry Potter websites, so a book from them
sounds like something I might want).


Zorag
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Flame of the West

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Since: Dec 23, 2007
Posts: 16



(Msg. 13) Posted: Tue Jan 15, 2008 11:34 pm
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Derek Broughton wrote:
> Flame of the West wrote:
>
>> Zorag wrote:
>>
>>> What about this particular work rankled her? There has already been so
>>> much third party Harry Potter material published, not to mention the
>>> countless HP reference websites.
>> She wants to do an encyclopedia herself; therefore, apparently, no one
>> else must be allowed to. What a piece of work she is.
>>
>> http://www.mywire.com/pubs/AP/2007/11/01/4846662?extID=10051
>
> My god! You mean _she_ wants to be the one to profit from her own
> imagination. The evil witch...

This isn't about profit, fanboi: she says the proceeds from her proposed
work would go to charity. The point is how pathetic she is that she
feels threatened by some Internet fans. Apparently she thinks no one
will buy her encylopedia if the Lexicon people write one first. Do I
really need to explain to you how ridiculous that is? Contrast that
with the Tolkien estate, which lets whackjobs like David Day publish
their imaginings with impunity.


-- FotW

Reality is for those who cannot cope with Middle-earth.
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Öjevind Lång

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Since: Jun 10, 2006
Posts: 267



(Msg. 14) Posted: Wed Jan 16, 2008 4:51 am
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"Troels Forchhammer" <Troels DeleteThis @ThisIsFake.invalid> skrev i meddelandet
news:Xns9A26876EEAAB7T.Forch@147.243.37.18...

[snip]

> I obviously cannot know which parts of the on-line "Harry Potter
> Lexicon" were intended to be part of the book, but if it were contain
> only -- or predominantly -- the material from the encyclopedic parts,
> then I think she may have a good moral position, since that material
> is definitely /not/ critical in any way (it is just a reorganisation
> of information lifted from the books, much like Foster's guide is for
> LotR and Silm). Robert Foster's /Complete Guide to Middle-earth/ is
> published with the permission of and in cooperation with the Tolkien
> Estate, and hence there is no problem, but without that, I do think
> it would be morally dubious.

In fact, Christopher Tolkien has acknowledged how helpful Foster's guide has
been to him on many occasions when he's been preparing his father's writings
for publication.

Öjevind
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troels2

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Since: Feb 19, 2004
Posts: 629



(Msg. 15) Posted: Wed Jan 16, 2008 8:12 pm
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In message <news:478D5153.4080603@gmail.com>
Zorag <mr.zorag DeleteThis @gmail.com> spoke these staves:
>
> Troels Forchhammer wrote:
>>
>> Apparently she makes a distinction between a fan-driven,
>> non-profit (though I do wonder about that) web-site and a
>> published book.
[...]
>
> Regarding the non-profit aspect: The HP Lexicon webpage has Google
> Ads,
[...]
> Does this pass JKR's approval?

I don't actually know, but I /suspect/ that the main issue is that
those using the site don't have to pay for it. This of course raises
another interesting question: if Steve were to publish the book payed
by advertisements and give it out to interested users, would that be
OK for Rowling?

<snip>

> This reasoning is sensible. Generally, does a third party work
> need permission from Rowling, or are critical works exempt from
> this but all other works about the universe need permission?

I don't know if it is possible to set up hard-and-fast limits -- I
would say that it is the mix of 'reorganisation' to 'new critical
work' that is the critical issue.

An example: The Harry Potter Lexicon has the following entry:

Jenkins, Joey:
Beater for the Chudley Cannons. His image hit a Bludger
toward a Ballycastle Bats Chaser in a moving picture in
the book Flying with the Cannons (GF2).

This information is cleaned from the following two passages from
chapter 22 (and not chapter 2 as stated in the lexicon) of /Harry
Potter and the Goblet of Fire/:

'It's Christmas, Hermione,' said Harry lazily; he was
rereading /Flying with the Cannons/ for the tenth time in
an armchair near the fire.
[...]
'Like what?' Harry said, as he watched Joey Jenkins of
the Cannons belt a Bludger towards a Ballycastle Bats
Chaser.
GF, p. 342, Bloomsbury, 7th imprint 2000, chapter 22 'The Unexpected
Task'

The point here is that the HP Lexicon doesn't add anything new or
even anything of their own (except for one of their very rare
reference errors). Entries of this sort -- even when combining and
condensing information from several books -- is essentially a
reorganisation of Rowling's material (however staggering and
impressing the effort involved) and my understanding is that she
expects the book to be mostly of this kind.

Regarding my own moral view (I have no idea to what degree that may
coincide with the legal view) is that this is the only kind of
material that should give any problems if published without
permission. My impression (though I haven't been following this issue
in details) is that Rowling's view is pretty close to mine, with the
added freedom that you're allowed to publish the result of your
effort on the web as long you don't take money from those benefiting
from it.

It is worth mentioning that RDR books and Steve Vander Ark insist
that the planned Potter Lexicon book is /not/ merely a reorganisation
of material.

> It seems like there is a lot of third party Harry Potter material
> available, although I pay little attention to most of it so my
> perceptions may be wrong.

I certainly haven't seen everything, but that which I have seen
usually does add something new. In a case such as the above it might
be very limited, but then the usual third party books wouldn't
mention Joey at all -- they'd mention someone like Rubeus Hagrid and
start explaining the etymology of his name, the alchemical meanings
of his association with the colour red, lecture about traditional
folklore about half-giants or whatever might be the agenda of the
author. The purpose of mentioning the character would not be simply
to list the information available about him in the book, but to
analyze the character -- very often based on some kind of pet theory
about how to understand the entire Potter series Wink

>>> She wants to do an encyclopedia herself; therefore, apparently,
>>> no one else must be allowed to. What a piece of work she is.
>
> I wonder if an unofficial Harry Potter lexicon work would affect
> the potential readership for an official encyclopedia penned by
> Rowling herself?

Since Rowling claims to plan to add new material in her encyclopedia,
I would expect that its sales wouldn't be affected at all.

If she hadn't planned to add new stuff, thereby extending the canon,
I would guess that most fans would have preferred Steve's version,
which is likely to be better organised, clearer and to not
significantly contradict itself or the books -- all of which I'll
expect of Rowling's work.

--
Troels Forchhammer
Valid e-mail is <troelsfo(a)gmail.com>
Please put [AFT], [RABT] or 'Tolkien' in subject.

"What're quantum mechanics?"
"I don't know. People who repair quantums, I suppose."
- /Eric/ (Terry Pratchett)
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