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APRIL 16, 2008 at 1:44 PM
Posted by GERI
Source: MSNBC.com
During today's court proceedings in New York between RDR Books and Warner Bros. and Harry Potter author J.K. Rowling, the judge once again urged
a settlement amongst the parties involved. Judge Robert P. Patterson stated that "...this case, with imagination, could be settled."
While both sides have settled some sections of the suit, they still appear to be resolved in continuing.
Ethan Horwitz, an IP expert had this to say on the case. While in this article Andy Martin, Executive Editor of ContrarianCommentary.com calls JKR a "psychotic egomaniac."
Today (Wednesday) was the last day of the trial, all parties are awaiting the Judge's decision once all legal documents have been filed.
UPDATE: Statement by J.K. Rowling regarding today's legal proceedings against RDR Books:
The book at the heart of this case has overstepped a boundary so unreasonably that I have been forced, regretfully, to take legal action. Authors have a right to protect their works from misuse. Do I have fewer rights because many people read my books? If this book is published, it will open the floodgates for anyone to lift an author's work and present it as their own. But if it is not published, that will be a boon not only to all who create original works, but to all who enjoy those works.
UPDATE II: Ms. Rowling returned to the stand today where she said she was "vehemently anti-censorship" but that Steven Vander Ark had "plundered" her work for his book.
UPDATE III: A recap of today's events can be found here with additional information here.
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Squib
Points: 195
ShadowCate says:
ladybythebay - are you one of SVA's sock puppets?
If that is not the case --- Your arguments are so pro-SVA and anti-JKR, you apparently have no concept of the issue involved ... COPYRIGHT INFRINGEMENT --- SVA would not have anything to publish if it had not been for the work that JKR has done! INTELLECTUAL PROPERTY --- JKR created Harry Potter and the entire HP-Wizarding World. There again SVA would not have anything to publish if he had not stolen JKR's Intellectual Property.
What part of HE IS A THIEF! Do you not understand!
As someone posted and suggested ... It is NOT a David vs. Goliath issue ... it is an issue of right and wrong ... Stealing is WRONG...simple as that! :-)
BTW Lest we forget ... Until the tremendous success of Harry Potter, JKR was one of the little people too! As evidenced by her incredible generosity and philintropic endeavors, she has not forgotten what it is like! And she is using her newly acquired clout to defend (herself obviously) but also all us little struggling writers from opportunistic usurpers. As well as children, single mothers, MS sufferers,...(the list is lllooonnnggg!)
THANK YOU JO!!!! and Brightest Blessings!
Posted Apr 17, 2008 at 9:47 AM EST
Auror
Points: 2076
Feelin' Felix Felicis says:
I wish they would settle this case. I'm tired of hearing about it. Hopefully Jo will write her encyclopedia soon.
Posted Apr 17, 2008 at 10:27 AM EST
Points: 75
HeWhoHasAName says:
I had hoped that this would be over soon and maybe there is still some hope for that. I had also hoped to keep a few views to myself but then again there are a few things that have been bothering me.
Personally, I have some of Jo's comments during the trial to be unusually harsh. While the supporters of Rowling in this issue may not think so it has diminished my faith and my credibility in her somewhat. One of the main points is the area of her Fan Site Awards. Basically, in her words, she threw him a bone to acknowledge his effort and in the same sitting say that to produce that same work requires none.
But the most disturbing part of this all is, for me, that it diminishes the value of her Fan Site Awards. If she gave this award to one site because she felt sorry for the guy what does it say for the others? As a fan visiting her web site, I am taking her awards as an endorsement of the other Harry Potter sites. I have always admired her for visiting and encouraging other Harry Potter sites, in other words, by being a Harry Potter fan site fan herself. Now she seems to be a hypocrite.
I won't quote exactly what she said about the site herself as someone already did so in a previous post AND you can check it for yourself but the implication was not that she had visited the site no more than two times. Given that, how can I believe anything she says anymore?
As for the case, I would not go as far to quickly judge Steve as a thief. He never claimed that the information on the site was his own. He always acknowledged Jo and with great admiration I might add.
To digress on the point of the time line on the DVD. I am shocked that Jo would think he shouldn't be compensated for it as anyone can do it. He worked on it. Just because it has Harry Potter doesn't mean she has the right to take it and use it. If someone works on something they should be compensated. If they hired someone to do this won't they have paid them? Of course, if the issue is the amount Steve is asking for then that is another matter entirely. But to call it worthless is unfair and vindictive.
With that said, the same can be said of a reference book. Reference books don't usually add knowledge, they just put them in another form. Steve never mislead anyone on that front. Anyone who visited the site knew this so to belittle those efforts is a little disheartening. If she had a huge problem with it before then why the fan site award? Why say all these good things about it? In fact, why do the producers and writers of the HP movies use the site to check certain facts? Can't Jo just provide that information, collate it in the way that Steve has done just as easily?
I had hoped that there would be more to the issue than a book making money. I am disheartened by this whole issue and by Jo. I won't have believed she could say such things and I can understand Steve's emotional state in court.
'nuff said
Posted Apr 17, 2008 at 12:11 PM EST
Wizard
Points: 630
Aberforth Puckle says:
I think that we need to step back as fans for a second here and consider how the rest of the world thinks. They see a 50 year old librarian being driven to tears in court for writing a book on a series of books he loved. What does that look like? Whether its accurate or not is irrelevant.
And on another note, could people stop claiming "theft"? Unless you have read the book, it is ridiculous and here in Britain, it might even be libellous. Remember that the book is written under US law and in particular the fair use doctrine applies here strongly. I am not a lawyer (and wouldn't want to be!) but surely unless he is quoting excessive passages, then JKR doesn't have a legal leg to stand on?
Finally, perhaps before replying to people, it would be a good idea to take 20 minutes and also remember that they are humans too :)
Posted Apr 17, 2008 at 1:02 PM EST
Points: 7828
Rococoed says:
I'm not going to resort to any legal jargon. I will just state firmly here that I will be grateful when this trial is over, as, regardless of the outcome, nothing much will come out of this.
Fair use doctrine will remain an incredibly disputable area for copyright holders. Meanwhile, whatever Steve Vandar Ark says, fan-fiction will continue to thrive. So I don't truly care how this ends.
Posted Apr 17, 2008 at 2:16 PM EST
Witch
Points: 580
KarateKid says:
Doesn't anybody else think "Robert P. Patterson" (the judge)'s name sounds oh SO similar to Robert Pattison?
Posted Apr 17, 2008 at 5:24 PM EST
Order of Merlin, 3rd Class
Points: 1576
ALLI8 says:
Whoa guys. I've been reading some of the comments here. Guys, it's not really any of our bussiness if Joe goes into court or not. They are her books and she has a right to do what she would like about this situation. However, i agree with some, this has been going on, i personally own at least one book about the harry potter world that isn't written by Joe, or even published by Scholastic. (It's debating what would happen in the 7th book). On the other hand, i do agree if the RDR is going to undertake something this big they should have asked Joe's permishion before going threw with it.
Alli8
Posted Apr 17, 2008 at 6:12 PM EST
Points: 688
*Wonder Witch* says:
Oh this is crazy. J.K should win and all this would be over!
Posted Apr 17, 2008 at 7:28 PM EST
Auror
Points: 2645
Tokio Hotel Fan says:
Wow this is really going too far in my mind. I think that the person who is breaking her copyright law should just stop hasalling Jo.
Posted Apr 17, 2008 at 8:49 PM EST
Head Girl
Points: 485
ladybythebay says:
Shadowcate,
You need to stop yelling. SVA has not stolen anything from JKR. To the contrary he has always been a great supporter of her and she at one time was supportive of him until she got it in her head that only she can write anything about Harry Potter. If she succeeds she will need to sue every person who's written an essay or article and made money. His site and proposed book is reference material. Reference material has existed as long as there have been books. Have you ever used an encyclopedia or Cliff's Notes?
If JKR wins which I hope she does not, it will mean that no one can write a reference book unless the original author does and that would be absurd and impossible.
I'm sorry JKR has let her ego and emotionalism take this too far. I think every person named Harry Potter should sue her for using the name without permission.
Posted Apr 17, 2008 at 9:06 PM EST
Weaselette
Points: 3184
WickedLoz says:
If she succeeds she will need to sue every person who's written an essay or article and made money. His site and proposed book is reference material. Reference material has existed as long as there have been books. Have you ever used an encyclopedia or Cliff's Notes?
Sorry to butt in, but I don't believe that is the point Jo is tryng to get across.. Here is what she said to general referencing and commentary books:
"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."
For all we know her assessment could be wrong, but she isn't trying to stop referrencing books being published..
It sounds as though Steve has created a book that looks like a D graded University paper - full of quotes and referrences and no ideas or thought from the author, which would get marked down for boardering on plagerism.
Posted Apr 18, 2008 at 12:39 AM EST
Order of Merlin, 3rd Class
Points: 1588
Severus' Advocate says:
He has stolen from JKR because like JKR said it is has basically no commentary or analysis therefore he's just stealing her original work. She doesn't want to sue everybody whose ever made money from an essay or article or ACTUAL reference book.
JKR has every right to do this. She holds the copyrights, I hope she wins.
Posted Apr 19, 2008 at 7:59 PM EST
Auror
Points: 2860
mad_eye muggle says:
I really do hope this problem will be settle soon.Also I fully support JK in everything,I mean she has every right to sue,coz its her work.She puts a great deal of time and effort in her work.You go JK!
Posted Apr 20, 2008 at 8:31 AM EST
Order of Merlin, 4th Class
Points: 1384
Luna! says:
If you are unsure about the case or still don't fully understand about it at all.
Listen to Pottercast 148: The Trial as they clear it up and make it easier to understand, as they were there in the court when the trial took place.
Posted Apr 21, 2008 at 1:43 AM EST
Auror
Points: 2572
Mystique says:
I really, really hope she wins. If she doesn't, it will set a bad precedent.
Posted Apr 21, 2008 at 9:57 AM EST
Head Girl
Points: 427
shadowquill says:
Is it incorrect to suggest that fans protest by NOT purchasing the Lexicon? I think that would be a brilliant idea. If fans petition against its publication and make this threat, and a very significant number of them do this, would RDR books be losing substantial profits? Perhaps they'd be willing to wait and let Steve write more developped analysis so it's actually a legitimate publication rather than a rip-off?
Posted Apr 22, 2008 at 10:38 PM EST
Auror
Points: 3656
Anastasia Popovick says:
I wouldn't buy it anyway...so asking me not to buy it would not be wrong in my eyes. I think they should drop it and quit trying to publish the silly book.
Posted Apr 26, 2008 at 5:38 PM EST
Rickmaniac to the Core
Points: 2564
snaily says:
DAmn! It's turned out to be such a bitter case!
Andy Martin, Executive Editor of ContrarianCommentary.com calls JKR a "psychotic egomaniac." Now, that was very mean of him. :-(
Posted May 9, 2008 at 2:56 AM EST
Auror
Points: 2424
bonniewrightrulz says:
I havent read the H.P Lexicon so i cant give you my views here.However if J.K.R is saying that it is a copy of her work then im with her.Come on JO!!you can win this thing.
Posted Jun 18, 2008 at 2:03 PM EST
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