We 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):
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.
Dear Melissa and staff, at Leaky: I want to thank you, all, for your hard work and dedication to remaining as unbiased as possible. It was [is] a hard thing to do. Severing yourself, from the Floo Network, was a very hard decision too. I applaud your efforts and will continue to remain a loyal fan of Harry Potter and recommending The Leaky Cauldron to all my Fan Friends [who aren’t already here, with “the crowd”] I love TLC and all the work you do. As has been stated, by many here, the only one who is truly losing out is SVA. This is a sad event. Please, stay as you are, Leaky. You’re tough, fair minded and helpful…sign me: A Devoted Harry Potter/Leaky Cauldron Fan.
I came to the Harry Potter fandom late in it’s life and found it to be THE most open community around! I don’t think any fan believes that a win for J.K. Rowling is going to mean restrictions/control over what fans do to contribute to the fandom…AT ALL! I think it’s foolish for Steve to state such a thing and a convient argument considering his position in this case.
I feel for you guys. It’s not alway easy to make these types of decisions. The Leaky staff all belong to Gryffindor….yes even you Sue!
GadgetDon, if what you say is true then creators can already block material that they dislike (a la Paramount pictures, for example). In which case, this lawsuit adds nothing new. They will not be granted any new powers that they don’t already have.
If what you claim is not true, and creators cannot block such material, then I’m not sure why you’re mentioning all these worst case scenarios.
As I see it, the case is targetting the lexicon due to specific allegations:
1) It’s profit making
2) It’s rehashing JKR’s own work, and adding nothing new
For any future case to be able to use this lawsuit as precedence, they would have to prove these same conditions hold. I don’t feel those conditions are unfair (and do feel that all future work should meeting those criterial should be blocked) because it’s reselling someone else’s work as your own.
Now, if the lawsuit was attacking the lexicon because of its use of the characters, books or trademarks in something original (fan created work) I’d be fully agreeing with you. But as it stands, such work will not be able to use this court case as precedence, because the circumstances will be different.
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.
He’s not saying that JKR will actually pull the plug on fan activity, but he’s saying that now, without question, she could. As could the countless other authors who’s work we enjoying creating fic and art based on.
This is a completely important trial, with a completely important and valid arguement.
Don’t forget that. It’s not all about Jo vs. Steve.
It’s the right move, TLC, and one I’m sure you’ve been mulling behind-the-scenes since this case appeared. The business / legal aspects of the decision make it an easy one and the appropriate one—the friendships and invested emotions are what make it so unpleasant.
Firstly huge HUGS to every single person who works here at Leaky and makes this site a wonderful place for fans.
Secondly, I don’t think there is a single person here who judges you all harshly for wanting to know more information before you break up with a friend. Exactly how Dumbledore felt as he was realizing the true nature of Grindelwald I’m afraid.
Thirdly, I know it’s been said a hundred times throughout this but I know I’m glad that you came to this decision and ultimately I am sure Jo would be happy to hear you have come out and stated publicly that you’re on her side.
I know that every single one of us will be here to support you and this site since we all know it is by far the most comprehensive site for Potter fans. You provide us with an easy one stop for updates and news, friendship and academia, pictures and videos. And in return I hope we all can give you the loyalty you deserve and that you have shown to us, especially in this hard time.
I am glad to finally hear an oppinion from leaky on the subject. It’s sad, but I also flet I knew somehow it woud come to this. I support Leaky all the way.
I can only imagine that this must feel like breaking up with a significant other. You know it’s the right thing, but you still love them and miss them. All I can say is that with time, things change and may even heal, and perhaps the relationship may become stronger even if it is a different sort of relationship.
Although I love the Lexicon website and have enjoyed Steve in Pottercast, I have to admit that this is the right course of action. I am glad that the staff waited this long to distance themselves and waited for specific proof that TLC and the Lexicon were going in different directions before taking such a step. To have done so before would have seem like you were leaving a man out to drown and brought up questions of loyalty. By waiting you until now, you have extended your hand and waited for him to grab it. You’ve done your part, now it’s up to him to decide to sink or swim.
Sorry, for all the analogies, don’t know what’s gotten in to me.
I support you guys 100% because your staff has always done the right thing for the fans and I have never had reason to mistrust any decisions you have made about this site.
I like how it’s okay to put the lexicon online, and how Leaky was more than willing to pay and host the website, and affiliate itself with the Lexicon, and how it was all okay to do until J.K. had something to say about it. Now everyone is bailing on the Lexicon. Despicable! Don’t want bad press, eh?
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’m not saying I know Steve’s intentions. They may be entirely greedy, and Rowling’s may be purely innocent, but some of Rowling’s stunts lately, after the final book, lead me to think she just wants to remain in the public eye.
I love Harry Potter! I am grateful Rowling wrote these amazing books. I may have never read a Dickens or Tolstoy story if it wasn’t for Rowling. But, I am disgusted by all parties in this suit. It should have never happened. Steve should have responded to Rowling’s original request for the Lexicon book. Rowling should better understand the position she holds. She may have invented the world of Harry Potter, but it is bigger than just her now. And Leaky shouldn’t have made a decision until after the case was settled.
I can understand the Lexicon and Rowling. Both sides might be greedy, or both sides might have honorable intentions. Nevertheless, Leaky making a decision before all the facts are out is despicable!
GadgetDon, I think you make some good points. However, you mentioned creators who want to limit their fandom (Paramount, Lucas), but what about authors or creators who are more accepting of fan work. We all know Jo has been supportive of the websites and fan fiction, etc., and there are other authors out their who feel the way she does about their fandom. The problem with this case is that it’s a free fan website that Jo supported that is being published into a book for profit. If RDR wins, will future creators and authors, who would normally be more open to their fandom, be forced to supress their online fandom in fear of losing their copyright? I think that is the main issue here.
As for seperating all ties with Steve, I think it is really sad as well. However, we don’t know what is going on in the background. Perhaps there is more to the story than we know, and their friendship is irreversibily damaged. I hope not.
Well,if Jo doesn’t want the publication of HP lexicon,we should as real HP fans support her!!!I completly with her! and I can’t wait for the Scottish book!
This is a very sad, but very brave decision. Well done for so carefully stepping into the arena of commentary. I know it’s a hard thing to do when this site is normally so impartial.
Those of us who truly understand what’s on the line here, not only for HP fandom, but for all fandoms, are standing behind your decision, Leaky. Thank you for doing the right thing, even if it wasn’t easy to do.
And I don’t see how anyone who is that disrespectful of an author’s wishes over creative material she OWNS could possibly call themselves a fan. Jo is very generous to the fandom, there are authors who don’t allow what HP fandom can do, especially in regards to fanfiction. We’re allowed to play in her world, but we shouldn’t forget that it belongs to her. I’m sure many of us who do creative works understand her feelings about this. By abusing the privileges we have, we may lose them altogether.
...Harry cast a curious glance at the crown-shaped badges as they passed the Slytherin table, and this time he made out the words etched onto them: WEASLEY IS OUR KING[br]With an unpleasant feeling that this could mean nothing good, he hurried Ron across
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Dear Melissa and staff, at Leaky: I want to thank you, all, for your hard work and dedication to remaining as unbiased as possible. It was [is] a hard thing to do. Severing yourself, from the Floo Network, was a very hard decision too. I applaud your efforts and will continue to remain a loyal fan of Harry Potter and recommending The Leaky Cauldron to all my Fan Friends [who aren’t already here, with “the crowd”] I love TLC and all the work you do. As has been stated, by many here, the only one who is truly losing out is SVA. This is a sad event. Please, stay as you are, Leaky. You’re tough, fair minded and helpful…sign me: A Devoted Harry Potter/Leaky Cauldron Fan.