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@ Morton

“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.”

The operative word being “some.” The Lexicon book is made up of mostly copyrighted material and gives no real commentary on it. It violates fair use. That coupled with RDR’s refusal to cooperate with WB unless ordered to by a court, led to the lawsuit. It’s up to the judge now, who knows a heck of a lot more about law than any of us here.

Fair use is very fair. Intellectual property has every right to be protected just like tactile property. I’ve often thought about writing my own commentary/literary criticism of the HP series and I would fully expect to have to work within the boundaries of fair use. Steve did too, he just decided to set that aside for personal gain. He’s not doing this for the fandom. If he was, he’d listen to us and not try to tell us we’re wrong for thinking the way we do. He’s a grown man and should know he shouldn’t take things that don’t belong to him.

@ mollywobbles23

exactly. jk rowling repeatedly has stated that she is fine with books that exist under the protect of the law, and fair use doctrine. she is not against companion books, but is against ones that are illegal according to copyright and fair use laws.

10% being the norm for fair use would require a extremely massive huge miscarraige of justice for fair use to be extended to include 84% copyrighted material.

jk rowlings people often work with companion book writers, but clearly, RDR refused to follow what the law implys you are suposed to do when you want to use more copyrighted material then fair usse allows. they treated jk rowling with abusive and sneering attacks, and refused to compily until a few court filings later when the judge forced them to follow the law by putting themselves in further legal cases between them and the court. RDR Books and Steve Vander Ark have shown their true colors, and they belive they are above the law.

guess what. RDR, you better prepare for bankruptchy, because you cant afford to lose, and you are about you.

also, morton, do you think jk rowling will have the right to block steve from publishing any more books like the ones he is claiming about harry potter? if she wins the case, can she block steve from further trying to publish new books on harry potter given his abuse directed at jk rowling, warnerbrothers, and the harry potter fandom at large?

Wow. I can’t really believe this is happening, but I do think it’s the right choice. I will always be on the side of leaky wherever that may be – as I’m sure most, if not all, of the users will be. It must be hard for you not to comment when you obviously have such strong feelings about the issue, but thanks for staying so professional and reporting everything as it is.

I’m also very glad you are making sure that your readers are clear about how they will be affected – it’s very reassuring to know that Steve’s comments about how the fandom will be affected are untrue. It now seems to me as though he is determined to get as many people on his side as possible, however he needs to. When I first heard about the trial I was on Steve/RDR’s side but now I am wholeheartedly with JKR, and I am ashamed to have thought that she and WB were being power-hungry and greedy for money.

I really hope justice is brought to everyone. Thanks again to the leaky staff =)

Just reading Steve’s comments about RDR, I felt, “Eh.. this whole thing doesn’t feel right. Just not right.” So I was pleasantly surprised at (your) TLC’s statement, as it’s so much after my own heart about the matter. Sad, but necessary.

I cannot imagine how hard this decision must have been for you all to make. I will miss Steve and his wonderful contributions to the CC, but I totally understand the reasoning behind the decision. Hang in there Leaky!

Whilst I am deeply saddened that this situation has come to this, I applaud Leaky for undertaking what was clearly a difficult descion with such grace. Moreover I further applaud leaky for the way in which they have anounced the news, leaving no room for any badwill merely for the sake of Leaky. It is an upsetting turn of events, yet I am just glad that it waas dealt with so respectfully, for which i greatly thank Leaky.

I do not fully undersatnd the legal matters on websites etc, however I do firmly believe that Jo supports them and they shall continue to remain open no matter the outcome of this case. As we have seen time and again in interviews she is a humble woman, who appreciates the fact that people love her work and I cannot imagine her doing anything jepordise that love. As for WB the fansites actually work to their advantage, creating greater amount of hype around the movies (and therefore more money). And even the big corporation of WB do genuinely care about hte movies, which I know many fans may disagree with, but the extent to which they keep to the books and the way in which those connected with creative desicions talk about the books to me shows that they care. Therefore WB also would not sut downt he fansites if they won

In short, well done leaky for their handling, and Steve may believ he is standing up for the fandom, but I feel that his losing will not harm the fandom in any way.

L x

Epic Doom

I just reread Melissa’s post and decided to click on “bench trial”. The new window that opened had a 71 at the end of the URL. I changed the 71 to 1 and am in the process of reading the first filing, refreshing my memory. Wow.

Melissa [and team], you have conducted yourselves with the greatest of dignity. I believe that you have the overwhelming support of the Leaky readers; you most certainly have – and will continue to keep – my wholehearted support and respect!

I understand the decision, but I am deeply saddened by this news. I have always respected the Lexicon’s tremendous work, and will continue to be an avid visitor of the site. No one wins in this situation.

The right choice for sure Just when I was reading Steve’s answer, I felt like he was his mind was brainwashed by RDR books and some talking points information was implanted in its place.

Those who seem to be supporting Steve suggest that Jo is just worried about lining her pockets but i dont believe money is the underlying issue. If you had spent your life creating something that was so special to you and then someone comes along and is effectively going to taint your work and future plans, would you not be annoyed? Jo knows the world of Harry Potter inside and out and for someone to come along and potentially offer incorrect information or things arent in line with what she knows it to be, must be extremely disheartening. Also if theres any chance that Steves work would stop Jo from writing the official encyclopedia then surely true Harry Potter fans cant support him?

Thanks Anonymoose for the http://afp.google.com/article/ALeqM5i5fLBAXpgAKGz7Dxov0JK7f9GiLg link This report of JKR’s appearance in court confirms my belief RDR/SVA wanted to force her into a court appearance to both help publicise Steve’s other “legal” books as well as turn this case into a cause célèbre. This way RDR/SVA win whatever the outcome of the court case by getting priceless publicity for RDR books and SVA’s forthcoming series of Potter books. By the time this case has gone to appeal SVA’s other non-infringing books will be on the sale and together with all the free publicity will make SVA’s name as an author as well as a small fortune for RDR/SVA. Nobody outside the Potterverse understands the intricacies of the case and will buy the SVA series of HP books regardless. Much as I despise their motivation I have to admire their guts and determination to make their fortunes whilst simultaneously pulling the wool over the public’s eyes, that’s some trick!!!

@rotfang07

I agree with you. I also am beginning to think that this whole thing is just a publicity stunt. A rather stupid one, though, because how many people actually by supplemental HP books other than devoted fans, the majority of whom side with Jo? Not that many. RDR/SVA have alienated the vast majority of their target audience.

It’ sad, really, because before this fiasco, I would have loved to read an actual commentary/analysis book about HP by Steve. Now, I wouldn’t even use it to level out the legs of my coffeetable.

To mollywobble and NotTheHBP

Again, I just wanted to point out that we have not disagreed at all on the facts. All I am doing is pointing out that there are possibilities that are beyond our ability to predict. Yes, some cases exist where the Fair Use doctrine applies… in fact MANY, and yes, the available evidence appears to point to the idea that the draft Lexicon book does not comply with the principles. All I’m saying is that we can comment, we can provide our personal opinions (and lord knows we do!) but at the end of it all, it really comes down to what the judge believes and how he rules.

Saying “its obvious, there can be no other decision” is actually a wish, perhaps an expectation. I just want to make sure that people are aware of the possibility that while WE may feel that Fair Use is, indeed, fair, the judge in this case may be convinced otherwise. I am not sying he will, only that it remains a possibility.

I guess my real point is that no matter how we might WANT the case to conclude, it “ain’t over til it is over”, and only then ( and maybe even not til after any appeals) will we be able to see how it REALLY went.

Someone suggested in an earlier post that all this “might, could, maybe, possibly” stuff is only specualtion, and when the reality of the decision is in, we’ll deal with then. I suppose that’s true and sort of what I’m saying, but I think the speculation and discussion is fun and interesting too, and anyway it is in our nature to do so.

So folks, no arguments from me on the facts of the law, only an attempt to ensure that eventualities some of us don’t expect are at least recognized as possible, with no statement as to their probability.

Now as to the question of “if JKR wins can she block further such books”? I would have to say that if she wins, and Fair Use remains as is, then it is within her rights to do so as long as the new books do not comply with Fair Use. So I guess it will depend on what they are, how much original material he lifts and for what purpose, and what disclaimers and so on are there. And, I suppose too, on whether there will be any discussion between SVA and JKR (there should not yet have been any because of the pending case and the need to not talk to each other until it is decided, but afterward, who knows).

But I WILL add this speculation … if JKR wins, and SVA tries to go ahead with another publication, I believe it would be in JKR’s interests to let it go as long as complies with Fair Use. She is a bigger person than trying to block a book for reasons of “getting back at someone because of things said”,in my view. I believe she will take the high road no matter what, being who she is.

At least in my humble opinion.

M.

huggles to the Leaky Team It’s a very sad day and I’m sad about this too, as I have been ever since this started, seeing as I interviewed Steve Vander Ark back in 2004, but I do think it is the right decision if TLC believes they do not view a very important situation the same way and fear being misrepresented as such.

I have always found it very odd that Steve has decided to write these books and deal with the ensuing worldwide media attention, since when I interviewed him he was very particular that no one at the school where he worked at as a librarian or the community he lives in should know that he had anything to do with writing and maintaining one of the largest Harry Potter fansites around. I couldn’t put down the name of the school or the county in which he lived in. Goodness… look how much has changed.

I hope you know what you are doing Steve…

Wow Leaky. I can see that this was a terribly hard decision to make. You guys have been so polite and respective this whole time. It’s too bad that this whole issue had to come up at all. Thank you for make this a great deal easier on everyone for severing ties quietly.

I also want to thank the people who have posted comments on this article. I was very apprehensive, thinking there was going to be alot of either Steve bashing, Leaky bashing, or Jo bashing. But the ones I have read were very respectful.

Let’s hope this thing will get finished soon, and we can all forget about it.

Jo, you rock, and I don ‘t find you at fault.

Sarah :)

can somebody help me understand this?Like, what was he saying? I’m sorry, I dont understand the whole legal jargon=/

Win or lose, Rowling’s grounds for preventing any further books written about Harry Potter, whether from SVA or another author, will have everything to do wtih the legal merits of those books, and nothing to do with being able to block future books because she’s won this case.

Each book stands, or falls, on its own legal merits.

Each book either falls within the fair use doctrine, or it does not.

As Rowling has never stopped a book about her or Harry Potter from publication UNLESS it’s an encyclopedia, fans have a lot of latitude in what they want to write, and what’s legally permisslble.

The unfortunate thing in all of this is that Rowling is now forced to come to NYC to defend herself, when she should be enjoying a well-deserved rest from the labors of working 17 years on giving us the wonderful Harry Potter novels. She, of course, would vastly prefer spending time writing more books, or working on the Scottish Book, but instead must spend invaluable time and put forth her best case as to why she thinks her copyrights have been violated in this particular case.

The fallout from this situation has, with each passing month, gotten more acrimonious. At this point, SVA should take a page from Rowling’s book and keep mum until the court date; he’s not helping his case by talking about two more books he’s going to write on Rowling and her work. Best for SVA to save it for the court date.

Frankly, I would not want to be on the stand as a witness (as he will be), with Rowling staring right at him. Given her stated position and direct comments about SVA, the word “friends” seems a very odd choice of words.

@Morton

I too think that it is up to the judge. I have only briefly studied copyright law in a business law class I took years ago in college and the odd thing I hear from my best friend who will have a degree in criminal justice and legal assistant studies come this May. I certainly don’t think of myself as a legal expert, but I have followed this case fairly closely ever since the injunction and as an active member of the fandom have a keen investment in the trial’s outcome.

I feel that if the judge rules in favor of RDR that it will considerably stifle future fandoms and perhaps even the HP fandom. If WB/Jo win, then they have shown they still have control even if they allow websites and fanfiction and, basically, fandom to exist. Therefore, they will have no qualms in continuing to allw fandom to exist and flourish. Quite frankly, Steve gives me the impression that he will not be satisfied until he is declared king of the Potterdorks and adored and revered as the supreme fan to dictate all other fans actions. I’m exagerating, of course, but that’s just the feeling I get from every, exponentally more arrogant statement he gives.

RDR and Steve’s conduct in this case has been quite underhanded. Also, Stanford has a habit, I hear, of taking cause cases like this and utterly losing in court. I could be wrong, if someone knows otherwise, please say so.