This just proves that Mugglenet is substandard. They hide things and put their own slant on everything and are always the last to report news. Go Leaky!
RDR has no case. I suspect they will settle. But not amicably. A book will be published. But not a print version of “The HP Lexicon”. Fans will not be happy, because it will be less than promised. JKR will not be happy, because this has really rained on her parade. And who will buy “The Unofficial & Unauthorized, Abridged & Expurgated Harry Potter Lexicon”? The fans who must have everything. Sadly, I think the Lexicon has lost its innocence and its days are numbered.
Melissa and the TLC staff, would it be possible to get a statement from Emerson and MuggleNet about thier project and its status? Emerson has of course worked closely with Melissa, and is highly thought of by JKR…let’s hope the MuggleNet book is facing fewer problems.
Thanks Melissa I have been curious about this but with this info, the whole ordeal is starting to look more and more like something the lawyers on each side are insisting on. Not to cause trouble for anyone but to just keep everyones a* covered.
Have you gotten any sort of feedback from Steve or does he have to keep tight lipped because of the aforementioned a* covering?
Oooo! I didn’t know asterisks did that! Fun sorry for going a little off topic and apparently shouting. Maybe I’m getting senile.
this is sad. all it would of took since JK has copy right of HP (look in the inside cover of DH) would of been a respectful letter and a copy to her to see what she thinks. then it would of NEVER gotten that far. But since every one thinks she done writing harry, it was just a “well she done, so i can do this.” Dissappointmet to many many fans, and steve site has right click disable also. so who is fooling who? JK allowed many fan sites and infos, it made it easier for peole to get addicted to harry and learn. so much info, yet she never brought down the axe. now because of this i think alot will be happening and many sites will probably dissapear because of one self center act. sad sad.
Are we sure that the publishers have actually released a copy of the book to Warner Bros.’ side? As far as I can understand the documents (and I am not any kind of legal expert), RDR have only been ordered to hand over the book, (as per Exhibit C of Document 7), there isn’t any confirmation (within those documents) that they have done so.
This whole situation makes me feel so deeply sad for all parties concerned. I hope the eagerly disputing lawyers won’t make it impossible for Jo and Steve to ever feel good about each other again.
I have to site with JKR on this one.
There is a HUGE difference between sharing free information with the public, and publishing it for profit. JKR has always published her additional books (like the Quidditch book and such) for charity. Is the Lexicon giving its profits to Charity or will the book only benefiting the Lexicon? There is millions of dollars that can be made on something like this. Thats why The Lexicon cannot publish, why Mugglenet had to stop selling its T-shirts (yo, anybody remember that?) and why fanfiction remains free. Because we aren’t selling our fan fascinations for a profit. But when you start selling fanworks for profit then you step on the rights of artists.
I should know something about this, I’m an active member in the Creative Commons music community, and the reason why CC exists is to keep people from taking the music of artists who allow it to be accessed free in order to try and turn a profit.
My mind is made up. She made be rich, but she has a right here and with all the charities she helped out with her publications being the ones that will or will not benefit from the sales of these books then I think she should have the first say in what fans can and cannot publish.
Hi Avalon – just a few points, the material taken was just as often contemporary as it was old (i.e. from writers still living). The difference between the versions would generally be a matter of language (which is what made Shakespeare famous, not the plots)
And on the subject of repackaging, some of his work was once published without any money going to him. And I don’t think he was bothered by it.
I don’t deny that legally she’s within her rights (though I’m not a fierce believer in those particular rights) but I don’t see what she has to gain from this. She won’t be losing anything by allowing the publication or any publications like it.
This whole thing is a sad reflection that even Jo is human. When I walk through book stores, I see many, many companion books written about Harry Potter. Analysis, comentary, critisims, etc. None of these books add to the creative lisence and so are allowed to be published. Now, the Lexicon does not add to the creative property either. it is a rehashing of dates and hard info, just as an analysis book is. There is one reson and one reson only that this book is being singled out and not any of the myriad of other books about HP. This one has the potential to “confuse” people away from buying the “Official” encyplopedia that Jo will put out some time in the uindetermined future. This lawsuit is a thinly vieled attempt at squashing an otherwise legal activity for marketing purposes and it is wrong. Jo and more importantly WB knows that we all in Jo’s Army will march to what ever beat they choose to lay down. Or atleast they think they will. I ask you all to think about this with an emotional detatchment form Jo and her work and truly think about it in regard to all the other books out there about HP that were they let publish because it generated interest.
In response to roonwit’s question, although only the parties and their attorneys know for certain what was done, the court order dated 11/2 ordered RDR to produce documents responsive to the requests for production attached to the Cendali declaration (all of these documents are available as .pdf files at Justia.com) on (or before) November 6. One of the documents requested was a copy of the book (the requests for production are one of the attachments to the Cendali declaration). Although certainly possible, it is highly unlikely that RDR defied the court’s order and didn’t do this. If they did defy the court’s order, they’ve got a whole new level of trouble to deal with (such as being held in contempt of court).
To the person who said “publishing is publishing whether free or not” I suggest you do some research first before spouting garbage.
There are two competing concepts in publishing, COPYRIGHT and FAIR USE. Copyright was designed to give protection to authors to encourage publication, and Fair Use was designed to allow some latitude for creativity with regards to someone else work. Fair Use is your only defense against copyright and in Fair Use the purpose of the work is very important. So there is a HUGE difference between a free website and a for-profit books in the language of Fair Use.
So again do a little research before spouting of nonsense.
Myrth, the whole point is that the lexicon book, a “rehashing of dates and hard info” as you put it, is NOT an analysis. An analysis or commentary contains original work by the author, or uses someone else’s information to illustrate a point or draw a conclusion. Whether or not you think these companion books have merit is your own opinion, but the question here is not about quality, it’s about legality. It is simply not legal to take someone else’s work and rearrange the facts and then call it your own work. That would be like a student cutting and pasting their roomate’s term paper and turning it in; any way you slice it, it’s just not their own work.
Someone was saying a while ago on a previous thread somewhere that the book would be legal if it was considered to be a scholarly work, but I don’t think that this argument holds water either. By the time you are writing at a graduate school level, what would be considered “publishable” in peer-reviewed journals, the focus should be on original research. You can analyze and synthesize someone else’s facts, as long as you reference them, but it has to be done in the context of proving your own point. That is what I was taught in graduate school, anyway.
I really lose more respect for SVA with every new thing that I read about this case. I hope that there are not more long-lasting consequences that will impact other fans and fansites. By disrespecting Jo’s wishes and preciptating this situation (though I will be the first to admit that the publishers sound awfully sleazy), he has painted all of the fans, even those of us who are very aware and respectful of the fact that none of this belongs to us, in a very bad light.
Thanks also to the person who are sharing their professionnel “law” point of view of the case. Very instructing about law process (hoping to never fall in it!)