Fair point, but that's no guarantee that something as high profile as a Hugo award nomination wouldn't raise flags with the legal team.

Edited to add: Having seen the cost and disruption of litigation from the lawyer's side, I may be more cautious than typical on such matters. But as the article states, JKR still holds the copyright, and even if statements like that in the paper could be used to argue for a safe harbor, I don't think that's a slam dunk response that would automatically get one out of the lawsuit with a minimal expenditure in time and money. Plus ,something like being nominated for a Hugo for Best Novel may still be non-commercial activity (there's no monetary prize), but it's getting closer to the line. [This is still not legal advice.]

Shouldn't be a problem, so long as it doesn't get printed, raise money, or devolve into erotica.

So Harry and Hermione working together to rationally optimize sex would be a bad idea then? There goes my idea for a second degree fanfic.