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 definitely applaud the decision of the Leaky staff, as hard as it was to make. The parting of ways between friends is always a difficult choice. But, as it was mentioned, organizations with polar ideas, opinions, etc., would find it hard-pressed to work together or be partners.
I stand 100% behind Leaky’s decision and may the world of Harry Potter fandom continue on.
Its sad that the floo networj is no more, but I can see how it woulkd be impossible to have two partys who clearly think differently about matters such as what is right as a fan and what isnt, to not be able to work together.
I’m supporting the whole Leaky staff on this decision. That was the right choice to make. I do hope that someone will soon pop Vander Ark’s bubble. Reading the above interview gives me the impression that he’s living in his own universe now and that he’s completely disconnected from reality. Fans have not missed the point, he has.
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.
Their freedom to create is on the line, but only if RDR WINS. Until now, there have been plenty of authors who do not allow fan fiction or other fanworks. The vast majority do, of course. However, I’m sure most of these authors who allow fan fiction would not be so forgiving of fanworks which attempted to interfere with their own profits, or in JKR’s case, charity fundraising. Especially since not all authors are as well of as Jo.
The only thing a win for RDR means Steve, in case you missed the point, is that authors will have to control their copyright more rigidly and ban all fanworks, fearing that if they selectively enforce their copyright (as JKR has done) and only try to block publication of books that take away from their own profit (rather than free to access fansites or fiction, or companion books that will not take away sales from their own books), they will not succeed due to the precedent that has been set.
Copyright holders already have all the powers Steve has listed. They already have the power to shut down sites and stop authors from writing about their works. At least in terms of fanfiction. They certainly don’t have the power to shut down commentaries, news sites, and anything parodying the copyrighted work, that’s covered by fair use. But JKR has had every right to stop fanfiction, and the only reason most authors might stop fanfiction in the future will be because you forced their hand, Steve. You forced them to completely and totally defend their copyright and disallow all works not covered by fair use.
That is what this case is about. You’re the one who is putting our freedom on the line. Not Jo. She is merely blocking publication of one book which would interfere with her own sales. You should have respected that and backed off, Jo is the only one who has the right to make profit off her own creations (excepting fair use, which exists to preserve free speech with minimal infringement on the author’s rights or profits). If anyone else profits, it is by her grace. Note that I say profit. Jo has been perfectly respectful of fansites merely raising money to keep the site operating via advertisements.
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. In the future, if authors feel they are not allowed to choose, they will simply ban everything and we will end up with a worse situation than at present, all so you could get your wannabe Scottish Book published, Steve. I understand that you want to get something back for all the work you put into the Lexicon. But you knew, or should have known, when you set off down that road, that you never had any right to profit off that site.
Whoa, that was a long post.
i am so happy to see the Leaky Staff not back Steve. When we allow people to make wide sweeping accusations on what would happen when this case is resolved we run the risk of alienating the entire fandom. I also love to see the respect shown by the staff to Jo. If we can’t be fans without having to steal from the creator of what we are fans of… then we aren’t true fans.
“It’s sad that it has had to come to this, but it was a necessary move and I applaud Melissa and the entire Leaky staff for making it.”
I second that. Well done to Leaky.
Ditto to all of the above. Personally I think that the fans in a certain way have a say in what happens (to a certain extent) and based on the above it looks pretty unanimous what we all think.
Dear Leaky Staff,
Thanks for being Dumbledore’s man (ehem…people) through and through. And know that like Harry, you aren’t alone in this.
<333333333>
That is quite some decision, but very understandable and of course neccessary. Thank you very much for staying neutral until now. It made it a lot easier to understand the ongoings. But this has defnitely reached a point, where Leaky had to make their position clear. And thank you for doing it. After what Steve said and did, there was no other possibility. I cannot understand why Steve gave that first answer. Jo made it perfectly clear that this was exactly what she didn’t want to happen. And MattJM is right in assuming that this will happen if Steve/RDR wins. It is all in all a very sad case and in the end it is all about money. And I don’t understand Steve why he went down this road at all.
‘ear ‘ear!
You’ve handled this beautiful, Leaky. I agree with everyone else, you’ve all been extremely admirable. Thank you for that.
Thank you Leaky staff for always maintaining high standards of honest, fair reporting. I have a lot of respect for the diplomatic way this has been handled, and you have, as always, made the correct choice to maintain the interests of the fans and be an ambassador for us. No wonder Jo has the confidence to associate with Pottercast and the staff at Leaky.
“people who have such a fundamental disconnect in beliefs cannot and should not be partners in name or spirit”
You mean people with disconnects like the citizens of the United States? Or the member states of the UN? Or the students at a major University?
While you have every right to do this, it is the first disappointing thing I’ve seen or heard from the Leaky staff in . . . well, frankly ever. You disagree with Steve’s actions and his interpretation of the likely fallout from the case—as does practically everybody (though I think things are much less certain than portrayed here). That’s all you need. But the “principle” you cite above is really not the philosophy you have followed for many years and in my opinion is beneath you.
I totally agree with Tom (first page) and I couldn’t have said it better. It’s sad that Steve won’t see that he is on the wrong side.. And I can understand that it isn’t easy for you all of the Leaky – couldron – group. Thank you for keeping us so well updated Sue! Hope you are well!
It really is a sad situation and I respect Leaky even more for a very caring and sensible attitude toward those concerned. So many fans must be really hurt by the change in Steve , not least those who used and enjoyed his website. Thanks again to Melissa and all the staff, it can’t have been an easy decision.
You should have severed the connection as soon as it became obvious where your loyalties lay. Steve is right about the chilling affect. this could wreck a lot of things for a lot of fandoms, not just this one.
Sorry, I was wrong with the name, it’s Melissa.. hmm
Sorry, comments are closed for this article.
Leaky Poll
Who should win the JKR/WB vs RDR lawsuit?
- JKR and WB: The HPL takes too much and adds too little6558 (78%)
- RDR: Lexicons are fair use1373 (16%)
- I'll answer in the comments386 (4%)
I just want to start by saying The Leaky Caldron has had to make a very difficult decession, and I think they have made the right choice. I’m a two month old newlywed to home internet, and there for very new to Leaky. So for I love you site, and am over joyed by Potter Cast. I have never been to the Lexicon website, but I do belive I’ve checked out a book about hidden clues in Harry Ptter leading up to The Order of the Phoenix. I did enjoy that book, but could never read it again if MR. Vander Ark wins this case. Jo has rights to the material she has written, and he has to honor them. If she says she doesn’t want him to write a book about Harry Potter, she doesn’t need a reason. From what I have heard & read, Jo’s main concern is that Steve is now wishing to sale for money content that up till now has been free on the internet. That is so wrong to do to the fans of Harry Potter. And just because Steve & Jo have a disagreement, doesn’t mean that she’ll close down all the fan sites, wizard rock bands, and the like if she wins the case. I feel like that is a scary tactic on MR. Vander Ark’s part to win over the fans. If the Lexicon is published, I will not buy a copy, or ever read one. I will wait for Jo to publish her own Harry Potter Dictionary, which I belive she has said will be called “The Scottish Book”. As I love all things Scottish, I’ve fallen in love with the name. I wish you the best of luck Jo, and the staff at Leaky! May Harry Potter live for ever!!