RDR Books Files Notice of Appeal

Nov 11, 2008

Posted by KristinTLC

As we reported in September, Judge Robert Patterson ruled in favor of J.K. Rowling and Warner Brothers in the copyright case against RDR Books, publisher of the book version of the Harry Potter Lexicon website. RDR Books has now officially filed a notice of appeal. An actual appeal will follow.

Past Leaky coverage of the trial can be found here.

39 Responses to RDR Books Files Notice of Appeal

Avatar Image says: Well best of luck to them but personally now I think is the time to just give upAvatar Image says: Not this issue again... I honestly think there is no point in RDR trying again.Avatar Image says: you're. joking. give. it. up. geessshhh! on a different note: Thank you leaky for making the comments go up faster!Avatar Image says: for a second i thought you said the judge was Robert Pattinson. i was like WTF ? but its patterson , heh.Avatar Image says: It is time for them to give up, they couldn't win the case the first time and they won't win it this time.Avatar Image says: RDR needs to give it up.Avatar Image says: And here we go again . . . I don't understand what RDR hopes to gain at this point unless they are seeking damages for lost sales (which they won't win.)Avatar Image says: not much fun for either side, that case. wish they wouldn't file appeal. they'll lose! i wonder what SVA thinks of it...Avatar Image says: A minor nit, they actually filed a notice of appeal, the actual appeal comes later. Avatar Image says: Oh please. Give me a break. Do we need to spell iy out for them :N-O C-H-A-N-C-EAvatar Image says: RDR could win on appeal if they can point to a legal flaw in the judge's reasoning which means they should have won the court case. It might also be a bargaining ploy and to allow more negotiating time if discussions are still going on. I don't think there is any obligation on them to submit the appeal they have now given notice of.Avatar Image says: argh, take a hint, please!! give up :\ .. im sure this is just wasting their money ..Avatar Image says: RDR is appealing because they are being represented by a organization which has vocally made its goal clear of taking rights away from authors. that is what the Stanford fair use projects goal is. they belive it is wrong for a author to own their creation, and that fair use needs to be expanded to allow people like RDR books to profit off exploting the hard work of others.Avatar Image says: OH. MY. GOSH. YOU HAVE GOT TO BE KIDDING ME. *facepalm*Avatar Image says: Why waste your and jkrs money and time on this... you wont win...Avatar Image says: I hate RDR and I hope the next judge rules against them quickly so that we don't have to keep hearing about this rubbishAvatar Image says: facepalmAvatar Image says: Great....... The judge's name is hillarious though.Avatar Image says: Great....... The judge's name is hillarious though.Avatar Image says: Just give up already. You're never gonna win.Avatar Image says: I guess they like beating a dead horse. Avatar Image says: Even though I don't agree with RDR, I have to say they've got guts.Avatar Image says: Ugh...Avatar Image says: What do they hope to gain in doing this? They can't seriously expect to get that book made. Avatar Image says: I hope they lose again. Avatar Image says: Oh thank goodness, RDR hasn't given up - there's still a chance to protect the fans' interests. Maybe this time there'll actually be some reasoning.Avatar Image says: LOL I also thought it said Robert *Pattinson*. At first I actually thought I read that he had landed a new role as a judge in a Warner Bros movie... that's what I get for reading Leaky half-asleep. ;) But yeah, the appeal seems pretty ridiculous at this point.Avatar Image says: Not this again... I get this bad feeling in my stomach every time something about this case is mentioned. I was so scared RDR were gonna win the first time. I believe the appeal will go much the same way as the original verdict, but that though doesn't stop the bad feeling in my stomach. It's just so... worthless! and risky for us fans all over. What if something happens and the judge makes the wrong decision? Warner Bros. would have to shut down websites that had HP fan fiction in it, fan sites that used a version of their art, Podcasts that used the music from HP, fan videos on youtube, etc etc etc. It's just too much to think of. A part of me comes dangerously close to hating RDR for doing this. I just don't understand why they don't agree to releasing a re-written version of the book with _original_ commentary and analysis. One thing is certain, though, RDR has completely ruined their chances of ever selling any book to a Harry Potter fan again. Avatar Image says: Is anyone else suspiscious that they filed this the week after Melissa's book came out? This could have been done months ago. It almost feels like they were waiting for it. I really, really hope I'm wrong.Avatar Image says: I think from RDR's point of view, there is nothing to lose by doing an appeal apart from court costs and lawyer fees. In fact it was the most likely next step. The thing is, I get the feeling SVA was putting this behind him as he has now (astonishingly!) got a new Harry Potter related book set for release in a few days! The funny thing is Amazon.co.uk couples this book with Melissa's Harry A History as a recommendation! lol.Avatar Image says: OH WOW! What a "surprise"! [NOT] I was pretty sure this would happen. Sore losers, with obviously, a lot of money to waste. Sad, really.Avatar Image says: While agreeing with most of you and also rolling my eyes at what appears to be a time and money wasting choice by RDR, I am curious what grounds for appeal they will come up with. A new report just came out yesterday, from American U, on the fair use of copyrighted materials. The report of course is meant for the use of materials in education and the classroom --and the fair use of copyrighted materials is a very hot issue in publishing because of the royalties involved. so, let's see what the attornies file as grounds for their appealAvatar Image says: G'mornin', C Lady and Prof P, and anyone i may have missed in my undercaffinated state....Avatar Image says: Wait...Do they think that the book will actually sell if they win this? If so, then they are clearly delusional. They just need to give it up and move on with their lives. Sheesh.Avatar Image says: I was afraid of this happening, and i am sad to say this doesn't surprise me in the least, well it is there right to appeal, but what a waste of money and time Avatar Image says: Cmb, are you a lawyer? I am and actually practice copyright litigation, and I am confused by your "nit." The word "appeal" refers to the whole process of appealing. When you say the appeal comes later, do you mean the opening brief in support of the appeal? The way an appeal works is that you file the notice of appeal, then you have the district court clerk prepare the record, then later the appellant files its opening brief, followed by the respondent's brief, followed by a reply, then oral argument, and then eventually a decision. There are minor details, but that's the gist. The whole process can take a long time, one, even two, years. I'm sure no one on here cares about this, but it's just kind of annoying to read you complaining about legal nits when your own comment is rather unclear and incorrect. The "appeal" refers to the whole process. To the extent people use the term to refer to any particular document filed, it is probably most often used to prefer to the "notice of appeal" as was done here. For those of you complaining that they shouldn't bother to appeal because they already lost the first time, the fact is that the reason why have appellate courts is because district courts can, and do, get it wrong. The majority of cases are affirmed on appeal, but a significant number of cases do get reversed. I think this appeal is a good thing because, whether affirmed or reversed, the case will develop copyright law more if and when it issues from the 2nd circuit court of appeals rather than if it remains a district court decision.Avatar Image says: G'mornin' budb! Long time, no "see"! I think this is getting pretty sad, on RDR/SVA's part. I don't think they are going to find any "relief" by appealing, but then again..... it WILL be interesting to see their "grounds for appeal" Gosh these "lawyers" get riled, don't they? Time will tell...thanks, TLC, for keeping us "up to date" on this ridiculousness.Avatar Image says: My goodness. I can't believe to what lengths that RDR is going to pass a book that clearly violates copyright law. Avatar Image says: "My goodness. I can't believe to what lengths that RDR is going to pass a book that clearly violates copyright law." - Jason M. I'm assuming you mean their legal right to appeal a decision they disagree with? A right that has been part of the legal system for hundreds of millions of cases? You are of course referring to a "standard" procedure in most cases that have come before any court for decades? RDR Books is not taking any any extraordinary measure here. They are just following an established procedure for litigation. Anyone who didn't see this coming (IMHO) has a very narrow view of how things work in this world. While its highly unlikely to change anything that has come before, they have the right to appeal. IF the decision is overturned (again... highly unlikely...) someone will appeal that decision as well. And that could go on for years. Wasting money in court is something we are expert at in the US and if RDR wants to piss away more money who are we to stop them? At some point this case will cost them more then its worth to continue and only then will they stop the process.

Write a Reply or Comment

Finding Hogwarts

The Leaky Cauldron is not associated with J.K. Rowling, Warner Bros., or any of the individuals or companies associated with producing and publishing Harry Potter books and films.