In The News
Lexicon Trial Updates and Important Announcement about Floo Network
FlooWe owe quite a few updates tonight, and there is an important announcement following (since the information in this post is vital to that announcement, so make sure to read the whole thing):
Update:: Agence France-Presse says JKR will be a witness.
Firstly, the April 14 trial in the JKR/WB vs. RDR Books case will be a bench trial, meaning that there will be no jury. A witness list is due by April 4.
Secondly, Steve Vander Ark of the Harry Potter Lexicon gave an interview recently to BlogHogwarts, which Alejandro of BlogHogwarts kindly sent to us in the original English (it was translated to Spanish for the site):
- * * *
“Do you think that, if Lexicon wins the case, the Harry Potter fansites are going to be affected in any way(Lexicon Online included)?
A victory for RDR Books will protect the rights of fans to create based on someone else’s work. If RDR Books loses, copyright holders will be given broad new control over fan activity, control which will allow them to shut down sites, stop authors from writing about their works, etc. So a win for RDR Books is definitely in the best interest of fans who create websites, write fanfiction, make wands, compose wizard rock, and so on. I am surprised how many fans have missed this point. Their freedom to create is on the line here.
How many pages does the Lexicon book have?The Lexicon book will have around 400 pages. It’s 160,000 words. The book has four authors. I am the main author, but three of my Lexicon editors worked on the book as well.
If the Lexicon is published, once the Scottish Book gets out, will you still update Lexicon Online and Book?
I’m as excited to buy Rowling’s Scottish book as anyone! It will be very different from the Lexicon book, with a lot of new and exciting information which only Rowling can provide. I will continue to update the Lexicon website. I love working on the Lexicon and will do so even if I have no staff and even when people don’t read Harry Potter much anymore. Beyond that, I have written another book, called In Search of Harry Potter, which will be published in July. I’m starting on another one as well. I intend this series of books to comprise a complete independent reference library to Harry Potter. The second and third books will not generate the kind of legal concern that the Lexicon book has, thankfully.
Do you consider that your fanatism or admiration to J.K. Rowling is less now after all that have happened?
My admiration for the Harry Potter books is as great as ever. I’m still a huge fan. I’m also still a fan of Rowling, although I think her current actions are unfortunate and badly advised. I still admire her as a writer and a person and I don’t expect that to change just because she and I have a disagreement over a legal issue. Friends can disagree and still be friends.”
- * * *
And finally, we have a very important and related announcement regarding the status of the Floo Network.
The following is an announcement that contains commentary.
The interview quoted above contains a number of assessments about J.K. Rowling’s intentions and what the Lexicon case means for fandom as a whole. The comments sat uneasily with many of us as soon as we learned about them, and prompted a discussion among our entire staff about Leaky’s association with the Harry Potter Lexicon, in which it became overwhelmingly clear that Steve’s thoughts on this matter and ours differ so greatly as to be polar opposites; we do not think a win for J.K. Rowling means tighter controls on fan creativity at all, and are concerned for the opposite, as well as the attempt to misportray the issues of the case as stated in sworn affadavits. So, after a few days of careful and many-sided discussion, we, as a full staff, decided that people who have such a fundamental disconnect in beliefs cannot and should not be partners in name or spirit, and two days ago informed the Lexicon that we are severing our association.
There were many who called for this since the day the lawsuit was filed, and on many occasions since, but we decided to wait to make the final decision until we were able to shake out more about the case and the beliefs of the parties involved. Now that it has been made clear to us that the Lexicon’s leader and we disconnect on such a fundamental level regarding fandom, it would be disingenuous to continue calling ourselves partners.
We had intended not to make this decision until the case was completed, so as to not sway public opinion. The comments in question, however, combined with the suit’s history and revelations therein, make us too uneasy to continue affiliation for a moment longer. We had also wanted to refrain from offering commentary on the case, but we all agree that if it meant the continued propagation of comments against our beliefs by someone so visibly associated with us, silence could not be maintained.
That it was a fully supported decision doesn’t mean it wasn’t very hard for this staff, who have for so long considered the Lexicon an ally in all things. The staff was sobered and saddened to find itself walking so uniformly toward this decision, even knowing it was the right one. We have enjoyed an excellent five years as a member of the Floo Network, and don’t regret that time for a moment. We wish everyone associated with the Lexicon health and happiness in the future.
We plan to retain strong affiliations with Accio Quote, though how it would manifest depends on some future decisionmaking, as things are slightly upended right now. This decision in no way affects the regard and admiration we continue to have for Lisa Bunker and her staff, or for Belinda Hobbs and the work she has done on the main Floo page; we hope to remain closely associated with them and their sites. In addition we strenuously discourage anyone from taking frustration for this decision out on any associated staff members, of the Lexicon or any other site. This was not a decision based on hate and hurt, it was rooted in the sad realization that we are much too different now to remain partners.
As for what this means, more functionally: This essentially means the Floo Network has been dismantled, as the network would be, then, Leaky projects and Accio Quote, and that’s more a partnership than a network. (We will sort out what to do with the main Floo page, and its content, as well.) There have been many asking, since November, whether Steve would return to PotterCast: That answer is now no. And while Leaky has always owned the hp-lexicon.org domain and paid for the site’s hosting, we’ve promised to transfer the domain to Steve as soon as litigation is complete (a stipulation that would not have been made had ownership not been mentioned in court documents). We will continue to pay for hosting and provide free support until that day.
This has been very emotional and trying for the staff here so we hope you’ll forgive our little foray into the commentary area. Since people are by nature opinionated, and we are all human, we wanted to keep the personal opinions we all have separate from the pages here, which is why after the first few weeks of figuring out what was going on with this case, we began to stick to linking to and summarizing court documents and other publicly available pieces, and trying to ask further questions to clear up misconceptions when they occurred. The rationale there is that if it’s publicly available there’s an easy check on its accuracy, and goodness knows our users are nothing if not close readers. We have been mentioned time and again in these proceedings, which makes us involved to a certain, small extent; therefore the coverage will continue to be simple linking-to and explaining-in-layman’s-terms legal documents, so you can easily read them yourself if there’s ever any doubt what we say is true. That said, we don’t expect any significant public documents until reports start surfacing of the April 14 trial; there might be a few article updates and more interviews, but mostly we are waiting for the courtroom proceedings to occur. As usual, we’ll keep you updated to the best of our ability.
Thank you for understanding, and as always, we thank you in advance for your civility and respect to each other in the comments.
rate this article
Interested in Floo?
Sign up for free Email Alerts
Apologies for the multiple postings. I don’t quite know how the same one gets posted 3 times, but I am sure you’ve all seen quite enough of my posts with just ONE occurence.
M.
I am not saying that this is the right choice, and I am not saying that this is the wrong choice. But severing contact with the Lexicon so quickly was a bit ill advised. It would be best if the Lexicon were to drop the suit and return to the floo network. I am dissappointed.
I think the most important thing here that a lot of fan sites don’t operate 100% within copyright law, but are ALLOWED to post copyrighted material at the pleasure of the copyright owners.
If the fan sites push into the revenue-generating areas of the big companies, they will have no choice but to clamp down hard on the fan sites.
These are the serious repercussions that SVAs case might cause: in order to protect ANY rights, the copyright holders have to protect ALL rights. If WB doesn’t complain about clips from films or screenshots etc. and other publications don’t complain about scanned articles on Leaky, it’s not because they don’t have the RIGHT, but because they are ALLOWING the sites to post the materials.
If in order to protect ALL rights, copyright holders must pursue ALL offences, then fandom REALLY shuts down.
SVA is pushing the copyright holders to take a lot stronger action because he’s looking to enrich himself rather than play within the fandom rules.
If fandom is going to be negatively impacted, it’s by the actions of SVA, not by those of the copyright holders who have NOT been lawsuit-happy.
Very good Leaky im so proud! that was a tough decision to make. good job!
Very good Leaky im so proud! that was a tough decision to make. good job!
Very good Leaky im so proud! that was a tough decision to make. good job!
diddnt mean to post it 2 times. o well good job leaky (again)
Jo Rowling has put her foot down ONLY on encyclopedias that have drawn from her fiction. In that regard, she’s 100% against it, and no one - least of all Steve - should be surprised.
Jo has allowed considerable latitude - more than many other authors - so that fans can use her work as an inspiration for their own original creations.
It does not strike me as unreasonable that Jo would not want people to write fictional encyclopedias about the Harry Potter world. But it does strike me as unreasonable that Steve sees this as a “you’re either with me or against me” and portray it as a Harry vs. Voldemort battle, which it’s clearly not.
Jo wins this one hands down.
Steve is free to write other books about Rowling and Harry Potter, and he’s exercising that right. Those books will sell, or not sell, on their merits (or demerits), and in the end, that’s what all of this is about.
Go Jo!
I can’t imagine the difficulty the staff of the Lexicon and you especially, Melissa, faced in deciding to do this. I applaud the respectful and graceful manner in which you have conducted handling this case and your indirect involvement in it. We all support you. You have coped with this situation with the professionalism one would just wish to see from the two parties involved in the trial.
I was wondering when this would happen. I fully support you Leaky for this decision. I want to thank you again for your coverage of the case and eagerly await further coverage once the trial begins.
I have to say that when I first heard of the lawsuit, I didn’t pay much attention. Once I did, though, I realized what a blow to the fandom it would be if RDR won. Steve seems to be under the impression that his book is the same as the fanfiction and fanart and commentary in the rest of the fandom. He refuses, it seems, to realize that his book is no more than a well organized plagirism. It doesn’t fall under fair use and RDR handled WB/JKR’s request before the suit in a very unprofessional manner. If the book is published, this is one fan who won’t even pick it up in the store to flip through it, let alone buy it. The same goes for any other books he may publish, which is a shame as I always enjoyed his commentary on PC. I refuse to reward his bad behavior, however.
I even have a little inkling that perhaps the whole Lexicon book controversy is just a ruse to give him publicity in an effort to assure this other book’s sales. Though, I highly doubt WB will be so willing to allow Steve to publish anything to do with HP after this fiasco.
Steve needs to grow up and accept that he has made a grave error and that he, not Jo, has been badly advised. To me he has reduced Jo’s role in this to poorly advised client instead of an active plaintive. From the few public remarks she has made about the case it is quite evident that she believes strongly that the Lexicon book should not be published and she has her reasons. Everything Steve has said reeks of insincerity and ill-advisement. As much as we all like to think of Jo as a our friend, she’s not. At least not in the way Steve applies his “friends disagree and still be friends” analogy. I doubt Jo wants to be friends with someone who rips off her hard work so blatantly and arrogantly.
So again, Leaky, I fully support your decision to distance yourself from someone whose opinion so greatly contrasts your own.
Oh this is definitely sad pandas…but it had to happen. My heart goes out to you guys at Leaky!
First of all.. after reviewing the postings (having finally gotten to the last page of them) I note that I posted one of them not 3 times, but FIVE .. double apologies!
Second, thanks to those who have made such kind remarks about my postings.. it just shows you that you CAN fool some of the people ALL of the time!! (Tonugue in cheek, folks, really a thank you. I am in this to try and make things clear, so any praise is unwarranted, but thanks!)
Third, Cara, we weren’t butting heads at all. I agreed with you entirely. The case is based on the law as it stands. What I went on to say, however, is that if the judge decides that the rules of Fair Use were incorrect, he could exonerate RDR and in so doing change the law.
So, THAT is what is ultimately at stake here, I believe. It comes down to whether the judge believes that Fair Use as it stands is applicable, in which case his decision would likely be in favour of WB/JKR.
Or, he agrees with those who feel the law is wrong (those, for example, who say why isn’t the law different) and wants to change Fair Use because he thinks it actually unfairly restricts those who wish to do what SVA/RDR are trying to do. Then, in all likelihood, the judge will rule in favour of SVA/RDR.
That decision will likely change the way Fair Use is interpreted or aplied, or it will seem so to others who may wish to callenge it as well. And if THAT happens, then it is more likely that Authors and copyright owners (besides the Star Wars and Star Trek and Ann Rice situations) will begin to excercise their already existing rights to limit what fansites and fanfiction, and so on, are allowed to do, as a means of protecting their exclusive copyright.
I don’t say (can’t say) which approach to Fair Use is correct. I just expect that is what the case will hinge on, and the outcome is still anybody’s guess.
At least in my humble opinion.
M.
i whole-heartedly support leaky’s decision. they’re totally right when they say it would be disingenuious to remain partners with the lexicon. you have to stand up for what you believe in, and I admire that leaky made this difficult decision because it must cause a lot of complication and confusion for them.
SVA needs to issue a prompt “mea culpa” and withdraw publication of the Lexicon book.
The impression I have of him now is totally not positive: no matter how much money he makes should the Lexicon book be published, that’ll be all he has. I don’t see this as a little-guy / big-guy battle: Jo may be a master manipulator, but I still see HER as a ‘little-guy” who made it big. SHE isn’t Warner Brothers. SHE isn’t Bloomsbury. SHE is the PRINCIPAL ACTOR against SVA’s publication of this book. It’s not like WB and Bloomsbury are suing and she’s saying “no, don’t”... SHE’S the one saying she things this is a violation, and SHE is actively making statements against publication of the Lexicon.
So, you can spin it any way you like: rich vs. poor, big guy vs little guy, but my take is it’s Jo Rowling’s intellectual property rights vs. Steve van der Ark’s desire to get rich.
I believe the law is squarely on Jo’s side, but more importantly, I also believe she’s got the moral high-ground. Sorry, Steve… but I won’t be attending any of your speaking engagements… SVA on the bill of a conference is actually a reason for me NOT to attend at this point.
I really do not get how SVA thinks a ruling in favour of JK will hurt the fans and fan activity…The only people who would be “hurt” by that ruling would be people trying to publish and make money with their fanwork. And I’ve got news for you, SVA, 99.9% of the fanbase would never want or try to publish what we make and do.
As for concerns that the ruling would lead to lawsuits against fansites etc.. I think the opposite is true. A ruling in favour of JKR would just establish that there is a CLEAR DIFFERENCE between free websites and published books, giving a buffer zone for those websites.
My heart goes out to everyone at leaky, and I am sorry it had to come to this. However, that being said …you have my full support and understanding.
On a related note, John and Frak can hold down the manliness for pottercast….they are the greatest anyway.
I haven’t read all comments but I have to agree that this is the right choice by Leaky Stuff!Go Leaky!
I guess I’m in the “what took you so long” camp. In reading the new interview, I’m hard pressed to see anything that hadn’t already been stated previously. Was the “last straw” that bit about him writing more books? Don’t know what they would be, but as long as it fell under fair use I can’t see why that’d be a reason to cut ties now. I thought awhile back he was considering offering guided tours to Potter locations, so maybe a guidebook? That would seem to fall under fair use, IMO.
Now don’t get me wrong, I’m completely on JKR/WB’s side re: the published Lexicon. And personally as soon as I found out about the Floo Network kickbacks I’d have dropped Steve like a hot rock. My question is why the wait at all?
Sorry, comments are closed for this article.
Leaky Poll
When do you think the trailer will be released?
- In front of "Get Smart"2104 (11%)
- In front of "Batman"5365 (30%)
- In front of "Hancock"991 (5%)
- In front of "Who cares, I'm just going to watch it online anyway"8807 (49%)
- I'll explain in the comments.579 (3%)
Morton, you continue to make excellent posts regarding precedent. I know I have become caught up in the “what COULD happen,” without knowing if the judge would even consider making this a monumental case in terms of fair use and the internet. I’ll be keeping that in mind from now on, but I do hope in the end, the result of this case will protect not just an author’s rights or fair use, but I hope it will protect fans as well.