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I dont think Jo would want copyright holders to shut down sites and stop Wizard rock and stuff. I think she would want us to be creative and let us do all the things we do that make the fandom AH-MAZ-ING!!!!!!

Wow! Thats saddening and intense. Im sure it took alot out of you guys to make that descision. I feel like everything will be back to normal in the coming weeks, though.

While Leaky has probably made the right decision for its staff, I do believe that if RDR loses this case there will be a huge impact on intellectual property rights here in the US, possibly in other countries as well.

Ms. Rowling may not be the one to take advantage of the precedent, but there will be others who will. In that sense this isn’t just about HP and JKR, This could very well affect fanfic, fan websites, etc much further, and more radically, than is at first apparent. There are several authors, Ms. Rowling included, who once upon a time viewed fan websites and fanfic as trespasses upon their intellectural property rights. JKR did eventually relent and has for the most part had a reasonable relationship with her fans, but that does not mean that the pendulum could not swing back in the other direction again.

Poor Leaky staff! It must have been very tough but you’ve made the right choice.

To anyone interested in purchasing this book if it does come out… I just wanted people to remember that this is a publishing company that sends PR lackies to fansites to bash its operators and participants in their trial. Geez RDR, you publish books yet you can’t get your hands on a thesaurus to change up your argument a little? I’m no detective and even I put it together.

What happened here is obvious. JK gave an exclusive interview to the leaky cauldron (a site affilated to the lexicon) in a podcast which used to feature Steve in order to get support on the lawsuit. Leaky was the lexicon’s main ally in fandom and it’s very sad that at the first problem, you decide you can do without the floo network. And for the people thinking that Jk would be touched by this, she(or her managers/advisers/whoever) orchestred the whole thing. The exclusive interview was a bribe, not clearly stated .putting one of the most popular fansites against the book that is supposedly for fans is a clever move. She already made mugglenet afraid to make any kind of comment for fear of legal action against their book Steve’s man even though he is going through a bad time

“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.”

Just as a matter of record, the number used for Spark’s Notes (and the presumably similar number for Cole’s) may, in fact, be higher than reality (and therefore even further examp[les of the disparity between 84% and maybe even less that 15-20%). The reason I say the numbers may be high is because I don’t think account will have been taken of the great volume of original material commented on or precised by these two Notes publications that is, in fact, either already in the public domain, or already has copyright permission granted.

And yet, having said that, and while Anonymoose and I have said almost exactly the same thing regarding the possible effect on fansites and fandom in general, I still think we need to recognize that a lot of what may happen will depend on whether the judge thinks “Fair Use” is actually unfair restriction as it currently stands, or not.

If he does, we could see changes in the description and application of Fair Use, which could very well have the effect of damping fandom, fansites and fanfiction rather substantially.

If he is NOT convinced that it is unfair, then there will simply be the status quo – under the law as it now stands, ALL authors have the exclusive right to control their copyrighted material and it is their choice as to how to enforce it.

However, a word of caution. There is such a thing as precedent. If An author allows some activity that they could actually disallow under the law, the real question that the defendant might want to ask is, why now? What is it that makes you choose now to try and supress something that you didn’t before? In the absence of a statement by the author that he or she is allowing, at his/her discreton, some things but will not allow others, a judge may ask “why now” as well. And unless the judge is given a convincing answer, who knows how he may rule.

Now, to be sure, I suspect there may be many convincing answers, such as the financial one, or the “I explicitly said I was going to do this”, or many others. So, I still think the real issue is the Fair Use doctrine and whether the judge beieves it is, indeed fair. As always, I have my own opinion, but as always, I offer you this information to assist you in reaching YOUR own opinion.

And as always, I NEVER claim to be right- I am only providing you MY humble opinion!

M.

i’ve been wondering about what was going to happen with the Floo Network for a while. it’s not like you can be partners and have polar opposite views. (at least in this case). i support you 100% leaky.

it was sad, but the right choice.

hugs to all.

RDR Books is not a real publisher. they are a vanity press.

when it was revealed that steve was to get 50% from the sale of his book, it became clear this was not a true publishing house.

it should be noted that typically, in REAL publishing houses, the author only gets 2-4% form the sale of each book. sometimes, they get more. however, it may seem like small change, but often, it nets a writer 1-3 dollors a book. agents tend to take 10% of that for their royalties to offset the cost of representing the writer, and the most of what is left goes to paying for the cost of producing the book. the rest after that goes to the publisher as profit. this is international industry standerd.

RDR Books clearly exist outside the standerd. they likely dont print the books until they get a order, and given the massively poor quality of the books they do publish at the moment, clearly they arent quality books.

Hey Kelpie, read the post. It wasn’t that they “decided suddenly they can do without” the floo network… He forced their hand by bringing them up time and time again. Leaky’s following what they believe in. And JK never used the podcast to gain favour… SVA used that same episode in his court documents so who’s orchestrating what? He also lied about who pays for what around here. He needs to keep the yap closed. And mugglenet’s book came before book 7, filled with guesses. Completely different thing. They are reporting on it too just not making personal comments so maybe you should read up a bit more.

Bravi to all of you. I think you made the right decision. I’m appalled by that interview I just read.

@ mollywobbles23

“Actually, that’s not at issue at all. WB/JKR have exclusive rights when it comes to the HP franchise. They get the last say on what can be published about Harry Potter and what cannot. RDR/SVA have failed to follow the fair use stipulations that hundreds of other authors of supplemental HP books have managed to follow. That is what is at issue here, not whether or not WB and Jo have the right to do what they have done. They already have that right. If that was in question, it would not have made it as far in the courts as it has.”

You are correct, to a point. The law as it currently stands is exactly as you say, and there can be no contradicting that – it is as written. However, the “Fair Use” doctrine allows the use of some copyrighted materials, in limited quantity and for specificalyy circumscribed purposes, without permission and therefore outside of the control of the author.

So we need to keep this in mind when looking at the law and how it might be applied. And this, then, speaks to what I have insisted on saying is the real question in this case – is Fair Use in fact fair? And again, if the judge thinks so, nothing changes with respect to fansites, the law or anything. Any fansite could ALWAYS be shut down if an author wished it – or at least those parts that were clearly infringements.

It may be, perhaps, that if the Lexicon part of Lexicon were diallowed online (as might have been proper under the law because it apparently does not qualify under “Fair Use”) but the rest of the site were left as is (the rest being similar to Leaky, Mugglenet and others where there is more commentary and reporting than a rehash) this whole case would never have happened.

Or, as I have also previously said, if there had been the simple expedient of asking for permission, which could have led to some negotiations, which in turn might have culminated in some mutually acceptable agreement, this whole case would not have happened.

Or maybe the case was destined to happen sometime to ellucidate and solidify “Fair Use”, and if it hadn’t been this one, it might have been some other author.

Well, the case happened, the issues are as we have discussed, the judge will decide and the world will move on, and so will all of us. Because contrary to a statement made in a much earlier post, we all have lives, and therefore this will not be the end of them, will it, whichever way it goes.

So, long live the discussion and long live the freedom to discuss, and we’ll all be fine, regardless!!

At least in my humble opinion.

M.

I wonder if another fan is going to come out and make another website exactly like the lexicon for the people who don’t want to go to Steve’s anymore. In any case, I agree with Leaky and not with Steve, but the Lexicon is way too cool to stop going.

this case has been a quadmire. honestly, if jk rowling has to start shutting down fansites for infringing her rights to prevent this from happening, thats not really such a bad thing. i hate how steve is abusing fans, attacking their intelligence which clearly far outstrips his, and defaming the author who gave us everything he is claiming owernship of after spending years saying it would be illegal and against the law to publish the lexicon.

Steve… grow up. its lame when the 10 year olds in fansites understand the law better then you do.

Apparently Rowling has been asked to appear as witness in the upcoming trial. From this report:

http://afp.google.com/article/ALeqM5i5fLBAXpgAKGz7Dxov0JK7f9GiLg

my respect for Leaky never ceases. there are so many people here that say you should have jumped ship from the beginning but instead you’ve stood back and taken the appropriate amount of time to properly look over and get all viewpoints before making any sort of decision. i for one, do not take JKR’s word in any situation as gospel, so i’m glad you didn’t sever ties at the first sign of trouble… that would’ve sat more ill than anything going on, for many of us fans.

as someone who’s been involved in a few fandoms with varying degrees in author leniency. the very fact that this case exist, regardless of outcome, does not bode well for fandoms. the internest is still very much a rocky place for fandom culture, i think a lot of people don’t realise how carfully we have to tred in other fandoms, this whole ordeal isn’t going to make anyone less weary when it comes to fansite.

Kim,

Here are urls for the HP wiki’s, which are much better than the (hopefully soon) lexi-gone:

http://harrypotter.wikia.com/wiki/Main_Page

I think you’ve made the right decision, Leaky Staff. It’s been clear all along that JKR has only criticised the publication of The Lexicon, not any other work which adds value, like wizard rock or fan-ficks.

Even if the court decision goes in favour of The Lexicon, I for one won’t be buying it.

I’ve decided to make the comment that has nothing to do with Politics, or who’s right and who’s wrong.

So, when is Jon (or some other Leaky Staffer) redesigning the page now that the Floo Network is going away?

Good point Ian… I guess we can all take our sides when and if it gets published. Buy it and you’re on team Lexigone (good one MD). Don’t buy it- you’re supporting Jo and her right to control the destiny of her life’s work.

WE NEED T-SHIRTS!!!! lol. TEAM LEAKY!!!!

Sorry Leaky & Melissa, I don’t mean to make light of this decision, I know it was difficult.

That must have been a very hard decision you’ve all made, and I sensed it gradually coming from the beginning of all this litigation. I want you all to know what a good job you’re doing here, and we appreciate your un-biased coverage of the issue.