Since he ended up hearing about everything through back-channels, that's what pissed him off. Orion gave him a one-time payment to settle.
Oh, so he's not entitled to whole sub-genres, he's entitled to being feted. That doesn't make him seem like even more of a petty jackass at all.
The current lawsuit doesn't say "no one else can use such story ideas."
No, Ellison calling "The Road" a ripoff of "A Boy and His Dog" said that. Now, you want to talk about a wide field of potential influences... but I get ahead of myself.
Joe's been inspired by a *lot* more than Lord of the Rings. Viewers who only see Tolkien in that story have missed a lot of good books over the years.What really gets to me is that a lot of Ellison's supporters would not be in the best position if more writers held themselves to his standard of ownership. I doubt JMS would've been very sanguine if he got an injunction that required a "Based on 'The Lord of the Rings' by J.R.R. Tolkien"
Question 1:
Does the hypothetical actually imply that Tolkien was the only influence on Babylon 5? No, only that the Tolkien Estate could have demanded credit in an Ellisonesque manner based on well-cited similarities, references, and background material. Implicitly, other authors could've staked their claim, as well. Maybe Ray Bradbury could go for a "Special Thanks" in the end titles of "The Needs of Earth," for instance.
Question 2:
Would the hypothetical have been appreciably improved if I had instead said, "I doubt JMS would've been very sanguine if a parade of authors and estates with Ellison's 'moral courage' lined up to get "based on" credits (and residuals) for everything from 'The Lord of the Rings' to 'The Once And Future King,' because God forbid anyone do anything even vaguely similar to a prior work until the author has been dead and buried seventy years."? Probably not.
I don't appreciate manufactured disagreements. Dispute what I say, not something similar to what I said in a way that actually supports my point ("What, you think Babylon 5 was just a Tolkien pastiche? There are loads of people who should be suing JMS for copyright infringement! Why, he'd be completely destroyed if everyone was like Harlan.")
When I see someone who's accomplished half of what Ellison has take him to task for any of this I'll pay some attention.
Like the guy who made the two highest-grossing movies ever? He's even got one over on Ellison in artistic integrity, in that only about half the discussions of his works degenerate instantly into referendums about what an enormous asshole he is.
It's not like there aren't other high-profile people who criticized him. Heck, as said above Ellison once said he'd have given away the movie rights to "Soldier" for free so long as he was only asked, but noted science fiction author Harlan Ellison (you've heard of him, right?) recently said that "amateurs" who give away their work for free were starving professional writers and making it impossible to make a living. I doubt Harlan Ellison 2007 is pathetic enough to envy or resent that pissant wuss Harlan Ellison 1984.