I guess I make the distinction at the point where the right-to-publish itself is being given a monetary value, as opposed to individual copies of the books: the point at which copyright itself is being sold or leased. (Which, incidentally, would still leave the authorized fan anthology in limbo.)

I think that's a much more sensible distinction; as I've been talking with damned_colonial I've been realizing that I'm uncomfortable with the implications of my own position. I'd much rather have fan content be as unbounded as possible--though, given the AO3 and the OTW's legal status and position, it may still not be possible to allow AO3 content to be monetized, even by creators. I don't know one way or the other, but I could easily see that as a possibility.

(Though, I don't think anthologies per se are actually in limbo--an anthology generally pays contributors a set fee for the right to reprint for a certain amount of time, amirite? I know for a fact that there are stories on the AO3 now which have been published in pro anthologies.)