There’s far more danger in a RDR/SVA victory than in one for JKR/WB. I’ll take the one that screws fandom over less, which is the side that Jo and WB are on.
If RDR win, it’s pretty much a death knell for fan fiction, fan art, or any other fannish endeavor. If Jo wins, the worst that happens is we lose the Lexicon site, which isn’t as big of a loss. There’s already at least one HP wiki that’s more user friendly, and they’re not trying to get a book deal.
I know that’s the common perception. A great deal depends on how the court writes its opinion. I don’t believe any decision that supports the notion that our fansites today only exist on the sufferance of the authors is going to help fansites in any way.
As always, adding my voice to the chrous thanking Melissa and TLC for keeping us informed.
I don’t think Jo is remotely implying that fansites only exist because of her approval or sufferance. What she is saying is that she will have to be careful about what aspects of her copyrighted, protected work she will allow them to use, not that the site will not be allowed to exist at all.
I think that’s basically correct, CB—but she and others don’t have the time to (and would make no money from) going around policing internet sites one-by-one and story-by-story.
So what is she saying? How would the “significant negative impact” to “genuine fans” actually occur? There is frankly nothing an author or publisher could do except a) stop talking to us and b) sue us. The idea that an RDR victory will have a negative impact on fansites is a threat to sue somebody, however much we love Jo.
I found this when I went to Google News and googled “lexicon lawsuit” ... Leaky came up along with the Wall Street Journal as a “news source”. Go Leaky!!! Melissa Rocks!!!
Are you going to ever sell shares in your media empire? If so, please send me the prospectus as soon as it is available. I want in!
D.
no favorite FSA?
Oh, Jo… you have an awful memory… http://www.the-leaky-cauldron.org/static_downloads/jkr-ootp-rah.mp3
It would be very helpful if you simply provided links instead of summaries. I’ve worked as a legal secretary and know all too well how easy it is to distort the actual content of a filing.
Also, your bias toward Rowling is blatant. Cut it out and stop acting like a fanpoodle for once in your life, Melissa. Or isn’t it enough that you stole this website from its founder?
Strong work. You go, Jo. Thanks Melissa/Leaky for the info!
Ellid – that’s a bit harsh. I think Melissa has been extremely fair. Stole the website? What’s that about?
Steve Vander Ark – I love the Lexicon, but I just don’t think you should publish it for profit.
Best wishes to all.
10. ...feels frustrated that a “former fan” has tried to “co-opt my work for financial gain. The Harry Potter books are full of moral choices and ethical dilemmas, and, ironically, Mr. Vander Ark’s actions tend to demonstrate that he is woefully unfit to represent himself as either a ‘fan of’ or ‘expert on’ books whose spirits he seems entirely to have missed.”
This paragraph also made an earthquake rumble impact on me too. (sorry for the earthquake analogy, we just had one in UK! trust Jo to prove how great a writer she is – summarising her feeling with such ease. I have to laugh though as reading Jo’s declaration was more like reading her blog!
We have heard both sides of the story and we heard enough. I always felt like giving Steve Van Der Ark (I still think thats a fantastic name!) the benefit of the doubt but as the the case went on, there were not muc doubts for him to benefit from. Now I feel there isnt any at all. He is coming across as a self delusional, egoistic, and ultimately greedy fella. I say “coming across” but it will take a helluva big twist to this sorry tale to change my mind.
I will read anything that Jo writes because she writes from the heart and soul.
Kudos again to Melissa for her high quality and in depth journalism. I simply cant wait to read her book about the fandom.
@ Ellid:
I too, am a legal secretary. I’ve followed this story from the get go. As always, TLC has been utterly professional and unbiased. Once the filings have been made available to Justia via the web, Melissa has ALWAYS provided the links. Until then, she provides great summarization of the facts so that we know the news.
Taking personal swats at Melissa or TLC, rather than commenting on what has been reported upon, shows you for what you truly are. An RDR/SVA sockpuppet who needs to get over themselves.
Keep up the good, work, Melissa and the TLC.
@ Loren:
Hey, if it comes down to whether or not simply allowing her copyrighted material to so generously appear on fansites without contesting as considered abanoning her copyrights for every Tom, Dick, and Steve to steal for themselves, I’m not surprised that Rowling {or any other author for that matter} would impose severe restrictions upon sites to prevent a further loss of copyrighted materials. That’s not only good business but good common sense.
Some fans made this leap of logical conclusion, some fans have argued this from day one, but either no one believed it or thought it a real possibility. Now we know which side of the fandom was correct. If she’s forced to clamp down on fandom because of Steve’s hubris, blame the person responsible, the “former big name fan, Steve”, and not the author who’s only protecting her rights.
Unless this judge is a complete idiot, RDR stands no chance. Hopefully this entire ordeal will soon be over.
(Of course, that’s not going to stop the media from portraying JKR as a “copyright hog” and a money-scrounging villain.)
Who else just wishes this had never happened?
Thanks Melissa. Jo’s declaration was both dignified and damning. Ellid typo Elide. “Remember, if the time should come when you have to make a choice between what is right, and what is easy … ” (GoF, 628; uk)
“If RDR’s position is accepted, it will undoubtedly have a significant, negative impact on the freedoms enjoyed by genuine fans on the internet.”
I continue to be disturbed by this line of reasoning, and by claims that our opinions should be disregarded, or that “Jo knows better than we do.” Jo did not create the fansites, she merely supports them, just as we did not create the books, we support them. The conclusion that authors (and Jo speaks only for herself here) must do anything in particular regarding fansites if RDR wins is not forgone. Jo and her team want us on their side, and this is more about that than about any action they would need to take or not take.
I continue to maintain that there are dangers for fansites in a JKR/WB victory as well.