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Update: JKR arrives for court in NYC 
APRIL 14, 2008 at 11:48 AM
Posted by GERI
Source: Various
Over the past few months we informed you of the legal case that Harry Potter author, J.K. Rowling, has brought against author Steve Vander Ark (Harry Potter Lexicon) and his publisher RDR Books. Ms. Rowling claims the book violates her intellectual property rights and is contesting its publication.
Rowling arrived
at the courthouse in New York City earlier this morning and the proceedings are currently taking place before Judge Robert P. Patterson without a jury. You can read additional information on the case here and here.
Pictures from her arrival can be seen here.
A recap of today's event can be located here, thanks Amy.
UPDATE: Ms. Rowling issued the following statement:off, which you can view here courtesy of the BBC via MN.
It gives me no pleasure to take legal action, but I am here today because I feel very strongly about an important issue that affects everyone and not just me. If books that plagiarise other works are permitted, authors, fans and readers stand to lose. There are lots of books in many languages that comment on or criticize Harry Potter, and that's fine. But the book in this case is different. It provides no analysis and virtually no commentary. It takes far too much and it offers precious little in return. I would just like to add that I am extremely grateful for the incredible support of Harry Potter fans everywhere.
UPDATE II: You can also read an additional recap of todays events courtesy of TLC.
We will continue to update everyone with the events of the court case as we learn them.
Reader Comments (52)
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Witch
Points: 564
accio_kim says:
I would rather an encyclopedia coming from JK herself, which she has professed she is interested in doing. She will probably donate the proceeds to charity, and therefore I think she is doing the right thing. There is definitely a conflict of interest here. Poor JK, having to go to court, hope everything works out!
Posted Apr 14, 2008 at 10:05 PM EST
Student
Points: 250
NicoleHalliwell says:
Thank you Jo! I support you a hundred percent. She has soo many supporters and very lucky too for that! Good Luck to her. I was a big fan of Lexicon, but I find myself not being able to go to it. This has ceased my enjoyment of going to that web site. It makes me very sad.
Posted Apr 14, 2008 at 10:49 PM EST
Mrs. Roonil Wazlib
Points: 2461
weasleyskeepingme says:
I guess I was sleeping when all this drama started...
For the most part I am feeling very conflicted about this whole matter. I've been a huge fan of the Lexicon for a long time, but I support JKR in protecting her work.
I will say that I do not think that Steve is doing this for the money. If anyone has followed his work you know that he is as committed to the canon as JKR herself (which she has recognized by visiting the Lexicon). The work he and the staff have done is enormous, and it has ALWAYS recognized that everything within the Lexicon is JKR's creation, so I don't understand why people keep saying that he is "taking other people's work."
To me, it seems like he is doing the same exact work the Lexicon has done for years now, which is to provide a catalog of information of the Harry Potter series. He is not changing the material, or even misquoting it, he is just putting it all in one place, as it is. If anyone has ever stepped into a Borders or a Barnes and Noble - there are tons of books about the Harry Potter universe. I just don't see why this one is any different.
The only argument that seems semi-plausible to me is that she is planning on writing her own encyclopedia. That however seems far-fetched to me because, I imagine she will (as she has hinted) be mostly including new information about stuff we don't know, so OBVIOUSLY her work will be NEW CANON. I can't imagine that she would write hundreds of pages that she has technically already written (say for example, a section on Quidditch, we have a whole supplemental book for that). Although, I guess that might depend on what kind of format that encyclopedia will be in (but I don't think she knows yet, and thats why all of this is happening).
Overall, this seems very unnecessary to me. JKR has had a long relationship with the Lexicon and this feels like its been pushed unto her lap by lawyers and firms. There have been tons of books written about Harry Potter and of the few times she and her people have taken legal action it has been against people trying to write extentions/variations of the series (neither or which applies to Steve's project). So ... I don't get it.
This is a pretty long post, but I wanted to get it out. Mostly, it is just very sad to see a respected, well-known representative (and a smart and accurate one at that) of the fandom be engaged in legal action against JKR (our patron saint). It tarnishes the unity of our community.
Posted Apr 15, 2008 at 12:32 AM EST
Points: 643
digicasey says:
I haven't kept track of all the details in this case, but I think where the problem has occurred is other Harry Potter related books have always presented new information or original thoughts. In this case, the Lexicon is taking all of JK's work, rearranging it into an encyclopedia format without including any new information, and then reselling it for money. I don't think either side is doing it for the money, but as a writer myself, I definitely side with JK. If someone took my life’s work and repackaged it, sold it and put their name on, I would be upset too. In the end, I hope this matter is settled quickly and life can carry on for both parties.
One more thought about this. Reading some of the transcript online and talking to some people at bookstores, if Lexicon wins this battle, almost all major bookstores will refuse to carry the book as they respect JK Rowling and what she has done for the literary world. So, in this case, JK is going to win one way or another.
Posted Apr 15, 2008 at 1:28 AM EST
Auror
Points: 2346
mad_eye muggle says:
I do hope that JK will win this case.This must be tough on her part,to actually bring this to court.But,its her book and her creation,so she has every right.You go JK!Your doing the right thing.
Posted Apr 15, 2008 at 1:48 AM EST
Mrs. Roonil Wazlib
Points: 2461
weasleyskeepingme says:
I'm posting again- against my better judgement (even though no one follows news comments as threads). Leaky has a transcript of JKR's testimony (below). I'm still confused about what this is all about. I don't understand if the testimony refers to the web version of the Lexicon or a version of this book, a copy of which was denied to the plaintiffs if I read correctly.
Of course I fully support JKR in wanting to protect her work but I just don't see this as being anything special. In the testimony JKR says that she says no one would buy her encyclopedia if people published anything they wanted on HP. Jo, THATS CRAZY!!!
This is why I think this whole thing is ridiculous- how could ANYTHING Steve ever publishes matter in relation to JKR's work? Its like SparkNotes, it doesn't have literary value or merit- its pointless. The whole Lexicon is just paraphrasing her work and I think the RDR party is failing in admitting that. Her encyclopedia would be CANON. NEW CANON, Steve's project... you can't even compare the two.
But maybe there is more to it than we know. Obviously Jo is very hurt and very angry about this Lexicon book and maybe there is more to the story.
Either way it is very disheartening to see the effects its had all ready- obviously the separation of Leaky and the Lexicon, and whatever happens to the Floo Network, etc. This is all very damaging to the fandom... its ever so very sad.
http://www.the-leaky-cauldron.org/2008/4/15/first-day-of-jkr-wb-vs-rdr-books-trial
Posted Apr 15, 2008 at 4:18 AM EST
Antipodean Snow Goddess
Points: 2937
Tikihaha says:
In this case, I am 100% behind JK Rowling. Steve Vander Ark is just cashing-in on the Harry Potter universe, and basically wrecking the future PROPER encyclopedia that JK Rowling was to produce.
I do hope she does her own encyclopedia!
Posted Apr 15, 2008 at 5:47 AM EST
Auror
Points: 2514
School Governor says:
Good luck JKR, hope you win this legal battle!
Posted Apr 15, 2008 at 8:13 AM EST
Professor
Points: 1078
Fire Phoenix says:
I thought the main argument at the begining of all this was that the Online-Enzyklopedia is for free and the book gathers money. And that Jo was against it because she wants her Enzyklopedia to gather money for charity she now fears that her Enzyklopedia won't gather as much money as if Steve wouldn't publish his book.
Could someone who hasn't lost track please inform me if I'm right or just messed up some thing.
Posted Apr 15, 2008 at 8:18 AM EST
Auror
Points: 2656
Grintster says:
I agree with weasleyskeepingme and this has been my stand eversince I heard about this. I also cannot understand how this has to reach the courts and wonder if JKR even endeavored to find ways to settle this out of court.
It takes so much inspiration, interest and enthusiasm to devote so much time, hard work and resources to building/putting together something like the Lexicon, which SVA did without much financial gain. I think people should also not discount the fact that the Lexicon has, in its own way, contributed much to furthering the popularity of the HP series.
And I also think its crazy for JKR to think that people will not buy her own encyclopedia if SVA published his own. Fans especially will always prefer to get the original author's work, and in fact, it should be SVA and his publishers who should worry about their encyclopedia not selling since fans know that JKR will come out with her own! What SVA will do is simply to just provide the fans with an option -- for those fans who cannot wait too long or, if SVA's encyclopedia will cost a lot cheaper, for those fans who cannot afford the more expensive one.
Also, as I've read somewhere, I also cannot see why JKR can't just support SVA's work and just ask for proper acknowledgment, and most of all, royalties -- or even demand that the work not be published unless the text is approved by her, and initial profits go to charity -- all not having to go to court. Because its too sad to see an author going against one of her staunchest fans.
Posted Apr 15, 2008 at 8:22 AM EST
Weird Sisters Bassist
Points: 8338
Paper Cut says:
weasleyskeepingme - I do agree with you, he has put in lots of time and devotion and he is a dedicated fan, but why can't he leave it at that? I love looking on the Lexicon, but I don't want a book. I like googling something HP related, and then reading about it on the Lexicon. Why would anyone need a book when it's all there at the click of a button?
like you say 'The whole Lexicon is just paraphrasing her work and I think the RDR party is failing in admitting that' - WHY write it then?1 It's just paraphrasing her 7 excellent books (and her mini ones) - why not just buy her books and be done with it? Her argument is that while most other fan-made HP universe books add analysis and interpretation, the Lexicon is just her books paraphrased.
Yesterday, I read a law blog about the case, from someone who must have been there, and JKR apparently described the Lexicon as 'lazy, sloppy and inaccurate.'
I think the issue isn't plagiarism - he's not pretending it's his own concepts and ideas. But he is taking someone else's concepts and ideas in their entirety, not adding any of his own thoughts or analysis and trying to make money out of it. People may say that's not his motive, but why else? He certainly would get money out of it.
Posted Apr 15, 2008 at 8:38 AM EST
Order of Merlin, 3rd Class
Points: 1406
the_girl_who_lived89 says:
I thinkg JK should win the case...She should do a hp-lexicon.
Posted Apr 15, 2008 at 9:59 AM EST
Auror
Points: 2656
Grintster says:
Saying that you don't want a printed/book version of the Lexicon is just the same as saying you also don't want whatever encyclopedia JKR will publish -- why need that too if SVA's Lexicon is online and just a click away.
The argument that the Lexicon is just the HP books paraphrased only backfires on JKR -- because she is also going to release her own encyclopedia, which is also just her books, paraphrased -- the question "why write it?" can be directed to JKR just as much.
JKR now describes the Lexicon as 'lazy, sloppy and inaccurate' -- but if you go to her own official website, she gave an award to the Lexicon with this description:
"The Harry Potter Lexicon
This is such a great site that I have been known to sneak into an internet café while out writing and check a fact rather than go into a bookshop and buy a copy of Harry Potter (which is embarrassing). A website for the dangerously obsessive; my natural home."
She herself claims, in that quote, to refer to the Lexicon in the past, meaning she found it accurate. She surely didn't have any complaints on the content, until now. Why only now when the Lexicon has been online for around 4 years(?) now, I think.
So I think the only issue here really is the financial side of it, and as I've said, SVA's printed Lexicon will only give fans an option -- afterall, fans already have that option of using the online Lexicon, and the way I see it, its only SVA's printed version that stands to lose more, competing with its own online version -- which is for free -- while JKR's will always be a collector's item. So I really don't see why it can't be settled out of court. It need not be monopolized.
Posted Apr 15, 2008 at 2:39 PM EST
Weird Sisters Bassist
Points: 8338
Paper Cut says:
Saying that you don't want a printed/book version of the Lexicon is just the same as saying you also don't want whatever encyclopedia JKR will publish -- why need that too if SVA's Lexicon is online and just a click away.
I presume JKR is going to include a lot more info than already released - all the characters back stories for instance. The issue is not that the Lexicon will take potential readers from her encyclopedia - who in their right mind would buy a fan-made one over one written by the author herself?! But he's ust copying her work out! And like you say, it probably won't work, because he has a free online version thats 10 ti,mes more accessible and you cans earch for whatever you want. It's just completely pointless!
I wouldn't buy JKR's encyclopedia if it ONLY contained all the info in the books so far - whats the point? I am perfectly capable of paraphrasing on my own, thanks. But she's said she will include new information, which the Lexicon won't.
And even if it didn't contain any new information, the question 'why write it?' is still rendered pointless. It's her book and her ideas. She can write whatever the hell she wants about it. SVA cannot.
Posted Apr 15, 2008 at 6:28 PM EST
Auror
Points: 2087
JAYSTARR says:
I hope that there is a chance for all. Everyone one should work together on details...Ark should not of made this book, knowing that she was going too. He should of wrote a book about his website and his view on Harry Potter.
Posted Apr 15, 2008 at 7:37 PM EST
Auror
Points: 2558
hbluvhp says:
JK Rowling's comments are right on the money! Who actually thinks that it's ok to profit from someone else's work with no addition of their own! There's no personal additions to the book... just a repeat of JK's life work. I'd be peeved too!
Posted Apr 15, 2008 at 9:02 PM EST
Points: 60
osubeaver23 says:
What loser thinks he can duplicate the brilliance of J.K. Rowling. Even if he thought that, he had to have known he couldn't get away with it. I agree, "she was going to make one anyway, so why doesn't he back off?"
anyone know whatever happen to that one guy who was writing stories about James Potter's (the 2nd) years at Hogwarts?
Posted Apr 15, 2008 at 10:04 PM EST
I Am Queen of My Castle
Points: 2577
Hecate3fold says:
I hope he is aloud to publish the Lexicon.
As far as I'm concerned it's not just JKR involved in this, it's her AND the movie studio. I think that she would not have gone this far if she were doing it alone. There has to be something more to this than just the publishing of the book. Someone else has got their finger in the pie, and I smell a rat.
The only possible reason she could object to this is because she wants to publish her own encyclopedia, which will have her own commemts and additional thoughts in it.
The true Harry Potter fan will buy both, I sure.
Blessings! Hecate3fold!
Posted Apr 15, 2008 at 11:18 PM EST
Order of Merlin, 2nd Class
Points: 1720
Bright Eyes says:
I really wish her luck with this court case, it's a shame it's gotten to this point.
Posted Apr 16, 2008 at 2:08 AM EST
Points: 154
Theo Murpse says:
I've read a lot of the comments, and let me just say: they frighten me. I've seen no accurate statements about copyright law in the US. All I've seen is misstatements and misunderstandings of the law.
Just a couple of brief points:
Ideas are not copyrightable. Period. 17 USC 102(b) clearly states this: "In no case does copyright protection for an original work of authorship extend to any idea . . ." http://www.law.cornell.edu/uscode/17/usc_sec_17_00000102----000-.html
No one here has read the book version of the encyclopedia, so we can't say whether Jo's allegations have merit. She claims that there's no commentary nor analysis in Steve's book, but the Harry Potter Lexicon has tons of analysis and commentary. If the book is anything like the online version, there's a very strong case for a fair use defense.
Hasn't anyone here ever used an published, "unauthorized" guide to beating a video game?
In brief, the 4 factors of fair use (which would, if satisfied, make Steve the victor):
1. purpose/character of the use -- Jo wins this one
2. nature of the copyrighted work -- Jo wins this one
3. amount used by "borrowing" work -- Steve wins this one (unless his book is nothing but quote after quote from the books AND quotes a very significant portion of the book)
4. effect on potential market -- this is close, but I think Steve would win on this simply because any book he sells isn't likely to affect any potential sales of Jo's encyclopedia.
Personally, I hope Steve wins.
A couple other comments based on what people have said:
"To try to justify stealing copyrighted material is unconscionable. Didn't he ever learn that plagarizing is a crime? Why did this even make it into court?"
It's in court because he didn't plagiarize. Plagiarism is passing someone else's work off as your own. However, I'm quite sure he's given Jo full credit in his work JUST AS HE HAS DONE IN THE LEXICON ONLINE. Also, you can't "steal" copyrighted material. You can infringe upon it.
Stealing implies that one person has deprived another of property. For example, if I steal your car, you no longer have it. However, if Steve uses stuff from Harry Potter, Jo still has exactly the same property as before. Please get your terms right.
Finally, someone else said, "no one else should be able to take her ideas and make money off them."
This worries me. Do people nowadays think this for real? I really hope it's just fanboyism. Because if this statement were true, we'd have
(1) no Disney (see every single one of their animated films)
(2) no Moulin Rouge (see Camille, La Traviata, and La Boheme)
(3) no Rent (see La Boheme the opera)
(4) no trivia books about shows
(5) no video game guides for purchase
(6) no music whatsoever (because every artist uses previous artists' ideas to make their own music)
Etc.
I can't stand the vitriol directed at Steve. I'm a huge fan of Harry Potter, but a victory for Jo/WB would mean they'd have even more power than they, as a multi-billion dollar organization, already have over us little guys.
Posted Apr 16, 2008 at 12:27 PM EST
Head Girl
Points: 474
ladybythebay says:
I want her to lose this case big time. I think she is dead wrong.
Posted Apr 16, 2008 at 5:48 PM EST
Auror
Points: 2656
Grintster says:
I can't stand the vitriol directed at Steve. I'm a huge fan of Harry Potter, but a victory for Jo/WB would mean they'd have even more power than they, as a multi-billion dollar organization, already have over us little guys.
Thank you so much for coming here Theo Murpse! These moguls just want to monopolize everything. I would understand them suing big moneyed companies -- but a librarian and a true fan like Steve. Jo owes her fans more than this. She should have exhausted other ways outside the courts.
JAYSTARR said, she could have even worked together with Steve to make the Lexicon a stand-in while fans wait for her own which wont be finished until 2 to 3 years from now! Why wont they want to work with a true fan? Sorry but it just shows how "greedy" some quarters are and won't even give the "little guys" some slack!
Its a classic "David and Goliath" case -- I hope the giant loses again here.
Posted Apr 16, 2008 at 8:41 PM EST
Delusional Army Soldier
Points: 4084
ILoveHP! says:
Wow... I'm so sad it has reached this point... :(
Posted Apr 17, 2008 at 1:25 AM EST
Order of Merlin, 2nd Class
Points: 1658
Feelin' Felix Felicis says:
It's too bad it had to come to court. I really love the Harry Potter Lexicon, I reference it a lot, it's one of my favourite websites. I'm not sure he should make it into a book though because then we would be making a profit off of something that's really not his, it's JK Rowling's. She's supposed to do an encyclopedia anyway. I can't wait, I hope she starts it soon. I hope this lawsuit can be settled quickly and amicably.
Posted Apr 17, 2008 at 10:04 AM EST
Ravenclaw Mastermind
Points: 9722
Isilwen Ciryatan says:
It's unfortunate that this whole ordeal has to be taken to court. I remember at some point back, Jo mentioned she thought of writing an HP encyclopedia. She obviously has the write to do so, as it is her own material. I kind of wish Vander Ark would just drop the case, I can't imagine he would win the case. And I've really liked his HP Lexicon too, so I'm not sure why he can't stick with that (no plagiarism there).
Posted Apr 19, 2008 at 6:06 PM EST
Auror
Points: 3047
Anastasia Popovick says:
It is sad that this had to go to court. It is also sad that this Vander Ark fellow couldn't create something of his own. In my opinion he is merely leached off of JK's brilliance. The ideas were hers. It is one thing to write fanfiction for fun and another to do it for profit. I would much rather see somethign like this come from JK herself. I have no interest in seeing his work. I hope the outcome isn't too messy though. I'd hate for JK to look like the bad person here when she really isn't.
Posted Apr 21, 2008 at 7:09 AM EST
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