Actually law student, only 2 of the 5 examples laid out fit the true definition of plagiarism - examples #4 and #5. That doesn't devalue Tia's claim at all, but it definitely lessens the certainty level of it.
Have you yet studied mass communications law in your course work? In the first 3 examples, only 1 contained a similarity to the original source - the ending result of an action/actions taken by the character. That ending result being a broken mirror. No one owns the idea/use of a broken mirror in literature, so unless the actions leading up to the final result are the same, then the route to that specific result is NOT the same, i.e. NOT plagiarized.
Example #2 doesn't even have any similarities - dialogue, sentence structure, word usage, etc. In TW, the captive feels that the assailant is staring at her, but she neither provides any proof of that feeling to herself or to the reader, nor is she given any proof by an omniscient narrator. In IOM, the narrator tells the reader that the assailant is staring at the captive. The narrator even expounds on the assailants true inner feelings/desires toward the captive. None of that is the same/similar at all. The scenes themselves aren't even the same. I'm actually at a loss as to why this "example" was even used since it's such a baseless and weak example.
The 3rd example (#3 on the list), isn't even actual text from either literary source. The sentence structure/word usage is the same because both are plot summaries made by a singular third party! It's someone's interpretation and even if there is actual proof in both literary works to back up that interpretation, it wasn't listed anywhere in the argument therefore the entire interpretation is thrown out. That's really law. It's never what you feel or think you know, it's what you can prove without a reasonable doubt.
One more thing, Smrrks probably got defensive in her final statement because she felt wrongfully attacked/accused. That's usually why ppl get defensive in the 1st place lol. Whether or not you believe she is guilty, you can't knock her for getting defensive when she clearly stated she feels she is innocent. She simply disagrees with her accusers and probably feels backed into a corner due to the public nature/display of this witch hunt. People usually lash out in instances such as this.
And if we're really asking for honesty here, even you have to admit that Tia gravely lacked tact and cooth when dealing with this situation. If she saw that Smrrks was replying to reviews but not her email, why not write Smrrks a review herself notifying her of the email she sent and the lack of response it had garnered? Probably because either she didn't want/feel the need to repeat herself, didn't want to try that hard to get the attention of someone she already deemed guilty, or she simply didn't care enough to. Yet, after days of feeling ignored, she types up and codes an entire web page devoted to this incident/discrepancy for all to see? Where's the consistency there? She either did care enough, did want to repeat herself, and/or did want to try that hard to get the attention of someone she already deemed guilty ... she just wanted everyone to know about it too. That's neither professional nor mature.
Somewhat sounds like an irresponsible use and abuse of ownership power to me or at the very least, mean ... but whatever. The example was made and I'm sure now no one will ever attempt to "plagiarize" here again. Job well done I guess.
~ N (Sorry that was so long, but I needed to say it all.)
this accusation is all kinds of stupid. i haven't read fictionlyn since i first started reading fanfic many, many years ago. ok, so people were kidnapped in both. that doesn't make it all the same. how many different ways can you write a kidnapping/escape scene, especially when ideas are taken from real life? authors do it, movie and television directors do it, anybody that creates art does it. based off of this, so many movie directors should be accusing other directors of plagiarism right now.
i've seen plenty of stories, especially from writers that are just starting out in this fanfic scene, that all seem the same. sound the same. same plot. basically same everything, but they aren't taken down. yet one of the most talented writers that *nsync fanfic has seen has to resort to this due to these accusations? people act like fictionlyn and her stories are God and the Bible of fanfic. you honestly think that her ideas just came out of nowhere? from no real life events that she has read or watched about? this is in no way an attack on her. i'm just trying to make a point. years ago, yes i thought she was great, but looking back on her stories, they really aren't all that wonderful. it seems to be blown up just because she was one of the firsts.
and as somebody already said, unless you copied and pasted from her story into yours, then i don't see a problem. if they want to do this because plagerism was implied based off of similarites, then this whole archive needs to shut down because every story has been plagiarized. i'll definitely get that link from the replies and find your site and stories because you are one of my favorite authors and i absolutely love your stories. you know that from my replies. haha. i'm glad you will continue to write though. i'll be on the look out for your work. :o)
http://ashley.inthearmsof5angels.com/rb/