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):
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“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.”
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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.
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I’m so saddened by this whole thing. I really WANT to give Steve the benefit of the doubt, but every time he speaks publicly about this issue, I become more and more dismayed by what he says.
Kudos to Leaky for being objective up to this point, and I respect you for making what must have been a very difficult decision. For what it’s worth, I think you’ve done the right thing.
Although I understand what Leaky did – I don’t think everyone really understands Steve’s comments. I didn’t read it as that he was saying Jo specifically would shut down sites, etc. but that it would open the door for other authors to do exactly that. There have been other books that have done basically what Steve is doing – who hasn’t read a “Cliff’s Notes” book in their lifetime. I love HP & Jo’s writings, but I support and love the Lexicon – it filled in so many questions I had – and I would buy a hard copy of it when it gets published. It is a great tool to understanding some of the sublties of HP – some of us don’t have internet readily available to us 24/7 and actually pick up books, magazines, and news papers to read. I feel the Lexicon book would be a great addition to go along with the HP books.
Good on ya, Leaky. I’m glad you all have been concerned from the beginning, as many of us were. You did the right thing.
Well done and a tip of the hat to your courage. It has put a warm glow in this old man’s heart. Bless you all for your decision and your willingness to make a stand. Also, thank you for “The Leaky Cauldron” website. A task well done.
Kimerbly, exactly! Who needs Steve when we have FRAK!
I’m behind this decision. Steve needs to get off his high-horse :(
I am only on page 5 of the comments, so forgive me if I repeat something that was said by another.
I would like to add my support to the staff of Leaky during this very hard time. I am equating this to an old saying of my fathers, “if you wish to ruin a friendship, become roommates.” I still respect Steve’s mind and what he accomplished through the creation of the Lexicon – HOWEVER, when two parties disagree strongly about such a vital issue, they can no longer be partners. Would you go into business with a person who was unable to stick to a schedule or manage money just because they were a friend? Probably not. I just hope that this is resolved in such a way that Steve can continue to give to the fandom as he has done in the past. Unfortunately, as that would require him to admit that he wasn’t as right as he thought he was, I doubt that we will see it unless RDR loses on all their points. All in all, I admire Leaky all the more now that they have chosen the ‘right’ path over the ‘easy’ one.
I know this is several pages after this comment was made, but I just read it.
I am so sick of being called a sycophant just because I agree with Jo! I’ve been called it because I disagreed with someone’s opinion on the way Jo reveald DD being gay and now here. How can I be a sycophant to Jo when she probably doesn’t even know I exist? We have basically been called Wormtail to Jo’s James and Sirius or Voldemort. Sorry, but I’m not getting a silver hand out this deal. I simply prefer to agree with Jo, who has given more leeway to her fans than most authors. I think that a win for RDR will definitely make current and future creators stifle fan creativity. They already have the right to, but RDR winning would force authors and other creators to not be so easy on websites and fanfiction and art and anything else that could later haunt them in a situation like Jo is facing with the Lexicon book. So, for the sake of the fandom, I hope Jo wins.
sorry to see so many people disagree with this decision. We’re not “suck-ups” because we side with Jo’s case. If this were your “baby” as it is Jo’s- you wouldn’t want someone else to take it and run—its easy to write “she has enough money”. But if you consider yourself a true JKR fan, you know that her generosity is overwhelming and has saved lives. You know that she is not a sell-out or a greedy control freak… but someone who is seeing their dreams come to life, who worked hard to provide for her family. Call me a suck-up if you must, but she’s made me start writing again. And writing something of my OWN. Not ripping off another person’s life work. HP is her world. She should have complete say in its destiny. Goodbye The end. CONSTANT VIGILANCE!
thanks mollywobble, I’m glad you agree. I hope Frak sees his love from both of us.
Yes, it is interesting that those of us who agree with Jo are “sycophants”, but those who agree with RDR/SVA are not. Oh no, they’re not sycophants when it comes SVA or the Lexicon! They’re just RIGHT!
Ah, the sweet smell of double standards…
@mollywobbles23
While reading all the posts here there seems to be a theme that many of those who agree with SVA/RDR reduce themselves to casting insults and name calling. A shame really. But for those types of remarks the messages on this topic have been well thought out and interesting. We are all entitled to our own views…..and let’s face it…..this forum is likely the largest amount of publicity SVA and RDR will ever get.
Can someone plz explain to me what exactly leaky did cuz im kind of comfused and ive read the article like a billion times but im still confused
Tracy
Under current copyright law, JK and others are perfectly entitled to shut down any and all sites that infringe their copyrighted works. Instead of doing this, copyright holders “tolerate” this behavior and allow fan sites incredible latitude when discussing their works – so long as the fan site is non-commercial. Meaning earning no money from the sale of “copyrighted” works. This is different from simply selling “ad space”, as it is “space” on the site that is sold and not the “copyrighted contents”.
Steve’s statement indicates that he believes a win for JK/WB would be detrimental to fan sites by giving them more rights than they currently have and having them shut down sites willy-nilly. This is incorrect. A ruling on their behalf simply reiterates the rights that they already have, called “exclusive rights” under the copyright statute.
If, however, RDR wins – then fandoms are truly in trouble. No one will allow any of their works to be used if by allowing them to be included for discussion on fan sites causes them to lose their ownership of the copyrighted material. It will not simply affect Harry Potter fans, but fandoms of every sort. No one wants to lose what they’ve worked so hard to create and they will move to prevent that loss IF it comes to that. Let’s hope it does not.
You mention Cliff Notes. They, and Spark Notes too, use copyrighted materials. As I mentioned previously, a “trivial amount” of copyrighted works may be used for the purposes of commentary, review, critic, scholarship. That “trivial amount” must be supplemented with a large amount of “original” commentary/content. SparkNotes generally seek the copyright holder’s permission before they publish, include large disclaimers, and cautions against copying anything from the book which could be infringing.
To give you an idea, SparkNotes generally employ between 20-35% of copyrighted content and supplement that with 65-80% of original analysis.
The Lexicon book, on the other hand, contains 84% copyrighted materials belonging to Rowling and supplements that with 16% original {and dull} content belonging to who knows how many people…I say this because the number keeps changing. First it was 20, then it was 12, now supposedly it is 4 who’ve co-written the Lexicon book.
I can’t speak for anyone else, but to me 84% is not a “trivial amount”. 84% is an enormous amount of copyright infringement on Steve’s part and this book is not even for ‘scholarship’. Now, throw in Steve’s continued comments and the knowledge that he intended to profit off of the Floo Network without disclosing that information to other Floo Network webmasters.
I support this decision by TLC. They’ve tried to stay out of it. They’ve information that could be even more damaging to Steve’s credibility, yet they’ve refused to display it. They’ve kept the peace on the boards when I or others have crossed the line without favoring sides. They’ve only given the ‘facts’ when telling us what is going on in the court proceedings. Those reports are in no way considered as ‘investigative’ journalism, there’d be more meat and teeth if it were. They’ve promised to continue reporting the ‘facts’ while remaining neutral on the issue. TLC owns the domain name and pay for the cost of hosting the HP-Lexicon site and are continueing to do so without requesting remuneration from Steve, even after learning of the for-profit scheme with the Floo Network.
I’m sorry, but how much is this fandom, TLC, or others supposed to take? Honestly! How much?
I love Harry Potter. All his books and his movies. I think J. R. Rowling is a genius . But I do not hink she likes her fans. I get the impression that she looks at all of us as the great unwashed. It was her coyness and her attitude towards questions about her books that always made me feel as if she were laughing at us. Who know? Who cares? As I said her books are genius and I will keep reading then forever.
Once again, proof positive that I am a devotee of the best, hardest working and most truthfully grounded HP fan site. Thank you to you all at Leaky Cauldron for being worthy of my admiration.
I’ve read all 12 pages of comments and agree that Leaky’s entire staff had a hard decision to make. I’m sure there was a lot more going on behind the scenes than we’ll ever know. Having made their decision, I respect it. I know it was not done lightly. I will continue to look for news, crafts and podcasts on Leaky and continue to use the “free” online version of the Lexicon for reference. I’m so glad the case is not going to a jury. After just getting off jury duty, armed robbery, I can’t imagine being on a jury trying to make heads or tails of copyright law. Five days of witnesses, ballistics, DNA and forensics was exhausting enough. I await the decision with interest and hope it is definitive and doesn’t go on and on with appeal after appeal.
That being said, when Melissa’s book comes out, I hope there will be a post to tell me how to buy it so that Melissa and Leaky get the most use of my $$. That’s one book I plan to buy, along with the “Scottish Book” of course.
Sorry, comments are closed for this article.
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Averyfan, I think the “last straw” was SVA’s comment about how a ruling in favour of JKR would “hurt the fanbase.” Before this perhaps they hoped that SVA at least had a similar view of the fanbase, who both Leaky and the Lexicon serve, but now that they know he does not their differences are too great. SVA is really out of touch and kind of insulting to the fans, telling us we should be hoping for a ruling in his favour.