Morton Kaiserman

@MattyJM

“Commentary books are covered by fair use. Trivia books are covered by fair use. Fanfiction is not covered by fair use, but Jo has kindly allowed it. Neither the site, nor the published Lexicon are covered by fair use, and Jo has not allowed the published version.”

Actually, Fanfiction may very well be allowed under Fair Use, depending on how it is handled, and whether there are proper disclaimers, aknowledgements and, best of all, permission!

My point is that I have said all through this debacle that we cannot generalize no matter the circumstance, and we should try not to do so now.

Otherwise, a really good post, Matty!

In my humble opinion.

M.

Posted by Morton Kaiserman on March 24, 2008, 03:26 PM
Alatarielle

It’s sad, that it had to come this way, but I do think Melissa and the whole Leaky staff made the right decision here.

Posted by Alatarielle on March 24, 2008, 03:28 PM
Hufflepuff Lady

Thanks for remaining neutral for this long and waiting until it was the right time to make a decision. :) I’ve always been on Jo’s side and I’m glad you guys are taking a stand.

Posted by Hufflepuff Lady on March 24, 2008, 03:32 PM
wolfreed

I’m with you all the way keep up the good work guys. Steve i feel was wrong in what he said Jo has always supported fanfics as an outlet for new writers. I admit that this trail may have a role to play in the future of fansites but i feel it would be more to do with people trying to put words in Jo’s mouth in writing something she has had planned for some time. works based on the world she has created is different to putting in writing something only Jo could do fully. :) Good Move guys

Behind you all the way.

Posted by wolfreed on March 24, 2008, 03:34 PM
Amanda

GadgetDon, im sorry. I understand what your saying. Leaky have always been neutral, i agree, and its best they stay that way for everyone. I just didn’t explain myself as well as everyone else has. Im just agreeing with them really. Im glad Leaky severed ties with the lexicon. I WAS thinking which side they were only because of their association. I understand that they aren’t choosing sides. They post the news neutral and will keep it that way. They just dont agree with Steve, and im happy to know this now. They dont want to get cought up somehow with it (which is why i said ‘not being dragged down with the sinking ship’ and all). You see, if it were me i would have thrown my hat down at the begining of this case and severed the ties then and there. I was agree with what everyone else is wondering ‘why did it take so long?’ But it was that interview that pushed them over the edge so… Anyway, look. I wish the leaky team all my best wishes and happiness. It wouldn’t have been an easy thing to do but i respect your decision.

Posted by Amanda on March 24, 2008, 03:41 PM
Heidy

Dumbleweed, I completely understand what your saying. I feel the same way.

I used to go to most of the HP sites, but then everyone started to come up with books and promoting themselves and it began to seem like a huge advertisement. I don’t mind trying to raise money for the sites, it’s necessary. There are costs involved. I don’t even mind selling stuff to get money to go to the conferences and attend premiers. I think that’s great because it gives the fans a chance to meet face to face. However when nothing is being contributed in the form of new material and it’s all to make a profit, it bothers the heck out of me.

I love these books. I love Leaky. I love the Lexicon. Both sites contribute something to the fandom in their ONLINE format. I’m not going to stop visiting the Lexicon because I think it is a great site that I have used for years, but I will not buy the printed version even if SVA wins. If SVA comes out with an essay book, or other writings that are his own, I’ll probably get them, but not a printed version of the Lexicon. SVA said the Lexicon is a labor of love, well then it should be free.

I agree with Leaky wholeheartedly, but it doesn’t mean I hate SVA. One is not contingent upon the other. It just means I think in this case SVA is wrong.

Posted by Heidy on March 24, 2008, 03:41 PM
budb

Melissa, thank you for your efforts to keep us informed, and for your professionalism, throughout this sad situation

bud

Posted by budb on March 24, 2008, 03:42 PM
Morton Kaiserman

@GadgetDon

“And worse yet, it’s not just Harry Potter fandom at an issue. JKR has been wonderful in her approach towards fandom, but not every creator has been equally open. For years, Star Trek fandom was actively opposed by Paramount (until the fans got them their third season). Star Wars fandom took place under very strict constraints set by George Lucas. Other creators have been very negative towards any fannish activity beyond “don’t you just love it? I do too”.”

I’m sorry to say that I don’t understand your point here. It seems to me you’ve just pointed out that the other fandoms have been doing what is their right all along, and that JKR is more magnanimous by allowing wider lattitude. This would mean that if RDR wins the case, then Authors and other Creators would find it harder to exercise their rights, because the win for RDR would negate some of those rights. Which is actually WB/JKR’s position.

Now, I’ve said all along that I’ve an opinion, but that I am keeping it to myself until such time as the case is completed. I am sticking to that, and trying to comment specifically on the issues of law. To that end, I must say that if the goal of the Courts is to look at the possibility of setting a precedent or series of precedents regarding Fair Use, in order to try and advance the applicability and understanding of the concept, then the decision might look very different than if it is a simple matter of copyright infringement under the law as it is applied today.

And even if the former is true (that this is going to be a precedent setting case) it may be that the precedent will be along the lines that “even though there may be some question as to how and what the concept of Fair Use covers, we (the Courts) are saying that those questions shall be negated and Fair Use shall be applied as it has been and as we rule today”.

Either way, all of us outside the actual case will have our opinions after the outcome but also, we should all say that “justice was served” regardless, because the use of and actions of the SYSTEM are what justice is all about, not any specific outcome with which we either agree or not. And until a better system comes along (if at all) we need to support it, or someday there will be NO system to rely on for justice.

And “All of us outside this case”, I believe, should be almost everybody who has posted here since the beggining of this debacle – I can’t say “everybody” because I do not know whether RDR or WB or anyone else directly related to the case has been posting. Nonetheless, it is still the VAST majority of posters.

At least in my humble opinion.

M.

Posted by Morton Kaiserman on March 24, 2008, 03:47 PM
katey

i think steve is right. jk rowling has a billion dollars.

whatever the legal implications, the fact that she now refers to him as someone who she “thought” was a fan but somehow isnt makes me disgusted.

JK Rowling is lawsuit happy, and needs to get off her high horse and realize that just because someone likes her books doesn’t mean they area “good” person, and just because someone wants to publish an encyclopedia of her stuff doesnt make them a “bad” person.

I started disliking leaky a few years ago, and i now i completely do.

Posted by katey on March 24, 2008, 03:48 PM
NotTheHBP

Well said.

I am waiting for RDR Books to come out and abuse leaky for disloyalty to steve. they have already abused jk rowling, implying she is disloyal to her fans. thats inherently wrong. the fans should be loyal to jk rowling’s wishes, not her loyal to theirs.

I still am annoyed they kept pushing back the court date, and i really hope they do not push it back again. I was certian that this was going to be a bench trial, it would be hard to find jurors who dont have any prejudices either way towards harry potter, given that harry potter is a huge cultural beacon, and even if you have never read the books or seen the films, you likely have heard of them. by doing a bench trial, it means they can insure that a fair trial for both sides by putting it on a judge who is held by the law to be impartial and focus on the issues of the case.

yes, RDR deserves a fair trial, thats the law. even if they have been in defience of the law, morality, and human decencey throughout these precedings.

Posted by NotTheHBP on March 24, 2008, 03:50 PM
NotTheHBP

Katey.

steve those not own any copyright over harry potter. that is jk rowling. the lexicon book under the law as it currently stands is not legal. jk rowling wants to protect her work, the books she created, from bveing hijacked and stolen for profit, which the law says you as the copyright holder have the right to halt. RDR Books and Steve are trying to take away the rights the law grant the copyright holders.

steve has no right to claim ownership of harry potter as he has done repeatedly after jk rowling refused to create a job in her office for him when he demanded it of her. so he gets a publisher to published a infringing book that he has been recorcded in stating for years would be illegal.

he is spiting jo for not bending over backwards and employing him when she has no need to hire new people now that the series is over.

katey, please understand that the law is on jk rowling’s side here, and she is protecting her fans by stopping people from abusing her fan’s rights and her rights. she has stated time and time again that she is not attacking the fan’s right to legitamate online and free activity. what she is fighting against is fans abusing her rights for personal profitering gain.

if you hate jk rowling so much, go shack up with laura mallory, you can abuse her all you want, but do not come on here and deny her her law granted rights.

Posted by NotTheHBP on March 24, 2008, 04:00 PM
Heidy

“I started disliking leaky a few years ago, and i now i completely do.” Posted by katey on March 24, 2008 @ 11:48 AM

Just asking the obvious, why are you even visiting this site? People don’t go to sites they hate. It is your choice to continue to frequent these pages and you must enjoy something since you even post. By the way, no one has referred to anyone as good or bad. That’s just childish. Even if Jo has made a billion dollars, she has every right, she earned it. Why do people always criticize when someone becomes wealthy from their own hard work? Should there be a cap to how much money she is allowed to make? Who should decide?

Morton,

I love your posts. They add to the discussion. Keep them coming.

Posted by Heidy on March 24, 2008, 04:00 PM
Very Concerned

It sounds to me as though you are quite concerned you all will be sued as well if Warner is successful in its lawsuit against the Lexicon – as you should be. Think about why Stanford took the case.

Posted by Very Concerned on March 24, 2008, 04:00 PM
Neil in Scotland

To all at Leaky, you’ve made the right decision. It’s sad that this has happened, but unfortunately it was inevitable, and I can see how these latest comments from Steve were the straw that broke the camel’s back.

Yet again you have show the qualities that have made Leaky the top Harry Potter site on the net. You have covered this depressing story with your usual quality and neutrality, and throughout your professionalism has been second to none. I feel so sorry for you all that you have been dragged into this mess made by others.

Neil in Scotland- Leaky’s man, through and through!

Posted by Neil in Scotland on March 24, 2008, 04:01 PM
KB Prez

Leaky, I think you made the right decision. I’m with you all the way!!!

Posted by KB Prez on March 24, 2008, 04:02 PM
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