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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Dumbleweed, I completely understand what your saying. I feel the same way.
I used to go to most of the HP sites, but then everyone started to come up with books and promoting themselves and it began to seem like a huge advertisement. I don’t mind trying to raise money for the sites, it’s necessary. There are costs involved. I don’t even mind selling stuff to get money to go to the conferences and attend premiers. I think that’s great because it gives the fans a chance to meet face to face. However when nothing is being contributed in the form of new material and it’s all to make a profit, it bothers the heck out of me.
I love these books. I love Leaky. I love the Lexicon. Both sites contribute something to the fandom in their ONLINE format. I’m not going to stop visiting the Lexicon because I think it is a great site that I have used for years, but I will not buy the printed version even if SVA wins. If SVA comes out with an essay book, or other writings that are his own, I’ll probably get them, but not a printed version of the Lexicon. SVA said the Lexicon is a labor of love, well then it should be free.
I agree with Leaky wholeheartedly, but it doesn’t mean I hate SVA. One is not contingent upon the other. It just means I think in this case SVA is wrong.
Melissa, thank you for your efforts to keep us informed, and for your professionalism, throughout this sad situation
bud
@GadgetDon
“And worse yet, it’s not just Harry Potter fandom at an issue. JKR has been wonderful in her approach towards fandom, but not every creator has been equally open. For years, Star Trek fandom was actively opposed by Paramount (until the fans got them their third season). Star Wars fandom took place under very strict constraints set by George Lucas. Other creators have been very negative towards any fannish activity beyond “don’t you just love it? I do too”.”
I’m sorry to say that I don’t understand your point here. It seems to me you’ve just pointed out that the other fandoms have been doing what is their right all along, and that JKR is more magnanimous by allowing wider lattitude. This would mean that if RDR wins the case, then Authors and other Creators would find it harder to exercise their rights, because the win for RDR would negate some of those rights. Which is actually WB/JKR’s position.
Now, I’ve said all along that I’ve an opinion, but that I am keeping it to myself until such time as the case is completed. I am sticking to that, and trying to comment specifically on the issues of law. To that end, I must say that if the goal of the Courts is to look at the possibility of setting a precedent or series of precedents regarding Fair Use, in order to try and advance the applicability and understanding of the concept, then the decision might look very different than if it is a simple matter of copyright infringement under the law as it is applied today.
And even if the former is true (that this is going to be a precedent setting case) it may be that the precedent will be along the lines that “even though there may be some question as to how and what the concept of Fair Use covers, we (the Courts) are saying that those questions shall be negated and Fair Use shall be applied as it has been and as we rule today”.
Either way, all of us outside the actual case will have our opinions after the outcome but also, we should all say that “justice was served” regardless, because the use of and actions of the SYSTEM are what justice is all about, not any specific outcome with which we either agree or not. And until a better system comes along (if at all) we need to support it, or someday there will be NO system to rely on for justice.
And “All of us outside this case”, I believe, should be almost everybody who has posted here since the beggining of this debacle – I can’t say “everybody” because I do not know whether RDR or WB or anyone else directly related to the case has been posting. Nonetheless, it is still the VAST majority of posters.
At least in my humble opinion.
M.
i think steve is right. jk rowling has a billion dollars.
whatever the legal implications, the fact that she now refers to him as someone who she “thought” was a fan but somehow isnt makes me disgusted.
JK Rowling is lawsuit happy, and needs to get off her high horse and realize that just because someone likes her books doesn’t mean they area “good” person, and just because someone wants to publish an encyclopedia of her stuff doesnt make them a “bad” person.
I started disliking leaky a few years ago, and i now i completely do.
Well said.
I am waiting for RDR Books to come out and abuse leaky for disloyalty to steve. they have already abused jk rowling, implying she is disloyal to her fans. thats inherently wrong. the fans should be loyal to jk rowling’s wishes, not her loyal to theirs.
I still am annoyed they kept pushing back the court date, and i really hope they do not push it back again. I was certian that this was going to be a bench trial, it would be hard to find jurors who dont have any prejudices either way towards harry potter, given that harry potter is a huge cultural beacon, and even if you have never read the books or seen the films, you likely have heard of them. by doing a bench trial, it means they can insure that a fair trial for both sides by putting it on a judge who is held by the law to be impartial and focus on the issues of the case.
yes, RDR deserves a fair trial, thats the law. even if they have been in defience of the law, morality, and human decencey throughout these precedings.
Katey.
steve those not own any copyright over harry potter. that is jk rowling. the lexicon book under the law as it currently stands is not legal. jk rowling wants to protect her work, the books she created, from bveing hijacked and stolen for profit, which the law says you as the copyright holder have the right to halt. RDR Books and Steve are trying to take away the rights the law grant the copyright holders.
steve has no right to claim ownership of harry potter as he has done repeatedly after jk rowling refused to create a job in her office for him when he demanded it of her. so he gets a publisher to published a infringing book that he has been recorcded in stating for years would be illegal.
he is spiting jo for not bending over backwards and employing him when she has no need to hire new people now that the series is over.
katey, please understand that the law is on jk rowling’s side here, and she is protecting her fans by stopping people from abusing her fan’s rights and her rights. she has stated time and time again that she is not attacking the fan’s right to legitamate online and free activity. what she is fighting against is fans abusing her rights for personal profitering gain.
if you hate jk rowling so much, go shack up with laura mallory, you can abuse her all you want, but do not come on here and deny her her law granted rights.
“I started disliking leaky a few years ago, and i now i completely do.” Posted by katey on March 24, 2008 @ 11:48 AM
Just asking the obvious, why are you even visiting this site? People don’t go to sites they hate. It is your choice to continue to frequent these pages and you must enjoy something since you even post. By the way, no one has referred to anyone as good or bad. That’s just childish. Even if Jo has made a billion dollars, she has every right, she earned it. Why do people always criticize when someone becomes wealthy from their own hard work? Should there be a cap to how much money she is allowed to make? Who should decide?
Morton,
I love your posts. They add to the discussion. Keep them coming.
It sounds to me as though you are quite concerned you all will be sued as well if Warner is successful in its lawsuit against the Lexicon – as you should be. Think about why Stanford took the case.
To all at Leaky, you’ve made the right decision. It’s sad that this has happened, but unfortunately it was inevitable, and I can see how these latest comments from Steve were the straw that broke the camel’s back.
Yet again you have show the qualities that have made Leaky the top Harry Potter site on the net. You have covered this depressing story with your usual quality and neutrality, and throughout your professionalism has been second to none. I feel so sorry for you all that you have been dragged into this mess made by others.
Neil in Scotland- Leaky’s man, through and through!
Leaky, I think you made the right decision. I’m with you all the way!!!
I am very proud of you “kids” (being an elderly HP fan, most of you are “kids” to me) and never have I been more proud to be a member at TLC than this morning. If I were close enough, I’d give all of you a big, warm, Mom Weasley hug. Thank you Leaky, for standing up for the good of the fan community and the rights of writers over their own creations. Thank you for being most excellent role models for younger fans.
Jo, hang in there. At least 95% of us stand behind you with our full support.
@Jeff
“This case is about more than just the Lexicon and Rowling. It’s about the ultra restrictive copyright laws. So I can’t even say Harry Potter in a book without risking a lawsuit. And when Rowling files suit she will say it’s all for charity, and everyone will fall all over themselves to condemn the author of the infringing book.”
I am sorry to point out that you are incorrect regarding the law as it currently stands. Yes, it already allows JKR or ANY author the right to block any unauthorized use of his/her copyrighted material. It does NOT however, give ANY author the right to block “Fair Use” application of his/her material. You can say Harry potter in anything you’d like (as you did in your post) without worrying about a law suit, as long as it is covered under the Fair Use doctrine as it currently is applied.
Now, if the Fair Use doctine application is changed as a result of this case, you may have to worry. Since authors have the right to block anything except Fair Use, a win for RDR is seen by many as a change in that rule. Unless they win because they can prove that they comply with all 4 Fair Use provisos.
On the other hand there are those that say a win by JKR will change Fair Use, because they believe RDR to have demonstrated Fair Use. What it comes down to is that the courts will decide. If there is a decision that affects how Fair Use is currently viewed and applied, you may very well have to worry about even SAYING “Harry Potter” – unles they elaborate further on what principles will now be followed.
Until that happens, and unless there is change in Fair Use with a JKR win, then nothing really changes from the day before the law suit was launched – in other words ANYTHING under Fair Use is allowed.
So the case is about what Fair Use means. A win for WB/JKR without any change to Fair Use application means the court decided RDR was guilty of copyright infringement – end of story. Regardless of who wins, however, if there IS a change in Fair Use application, all bets are off until those changes can be analyzed.
At least in my humble opinion.
M.
I have to say I agree with Steve on this. A win for JKR will result in copyright holders exercising more control over the fansites. You forget that Warner Brothers is involved in this as well. Throughout the suit, WB has been dragging the Lexicon website into this (e.g. mentioning the pictures from the movie, etc.). It’s already said that the book is different from the Scottish Book. Also, I believe WB are mainly the ones behind this suit (If I’m not mistaken, the HP trademarks are registered in their name…). This will majorly effect intellectual property rights, which already need serious reform. I intend to write a full-length editorial on this in the near future.
Phew!! Glad to see Leaky is not siding with the Harry-Hermione shippers. It’s better to stay away from the delusional if one can, especially when they start believing that their version of reality/fiction is better than the C/creator’s. It says a lot for Leaky that they have never gone down the Mugglenet-type route and set up a “Board of Shame” for SVA supporters. Ooooooh, hang on a minute, that’s given me an idea.
I really disagree with everything that article said-the fans missed the point? No, I really don’t think we did actually-JKR created this universe and it’s her rights first and foremost, he’s not protecting our rights to fanfiction and wizardrock because JKR has already granted us that, he’s just protecting his own little pride issue! It’s like he’s making himself out to be the savior of the fandom or something when JKR has no problem with fanfiction and stuff, but she wants to write her own encyclopedia! And her money goes to charity!!
Seriously this guy is reallly bugging me. I love the Lexicon and all but I think it’s gone to his head.
Harry Potter does not belong to the fandom—it belongs to the writer and it’s her call to give and take. I think it’s outrageous for him to claim that he’s defending the rights of the fandom, Jo has been acceptionally gracious and caring to all types of the fandom and it should be her word we look to for this kind of stuff alone, not some self-righteous fan who thinks he can take the power away from the author!
I’m sorry if that sounded harsh! Hahah! I’m really not that mean but this just ignited my fierce Rowling pride. Steve’s still a fine person but he needs to step back and look at what he’s doing….
Oh and Leaky you’ve definately made the right decision and we all stand behind you on that one!
Katey, just because someone has enough money, doesn’t mean that anyone can infringe their rights. It is actually the other way round. There are people who want to jump the wagon to make money themselves out of Jo’s work, because she is so successful with it.
Listen to Morton Kaiserman on his post above – he is correct.
I guess we still have to wait to see how it all plays out. If the other fansites are to be closed down, I’m sure it will be expressed in the same way.
Very sad.
Sorry, comments are closed for this article.
Leaky Poll
Since DH was published, your interest in Potter fandom has:
- Increased! I'm more involved now than I ever was!938 (22%)
- It's stayed at the same level of fun it always has!1542 (37%)
- Decreased slightly: I only check sites a few times a week now.1058 (25%)
- Severely lowered. Without new canon, I'm bored.419 (10%)
- It's gone. In fact, I can't even answer this poll because I'm not really visting a Potter site.135 (3%)
GadgetDon, im sorry. I understand what your saying. Leaky have always been neutral, i agree, and its best they stay that way for everyone. I just didn’t explain myself as well as everyone else has. Im just agreeing with them really. Im glad Leaky severed ties with the lexicon. I WAS thinking which side they were only because of their association. I understand that they aren’t choosing sides. They post the news neutral and will keep it that way. They just dont agree with Steve, and im happy to know this now. They dont want to get cought up somehow with it (which is why i said ‘not being dragged down with the sinking ship’ and all). You see, if it were me i would have thrown my hat down at the begining of this case and severed the ties then and there. I was agree with what everyone else is wondering ‘why did it take so long?’ But it was that interview that pushed them over the edge so… Anyway, look. I wish the leaky team all my best wishes and happiness. It wouldn’t have been an easy thing to do but i respect your decision.