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Lexicon Trial Updates and Important Announcement about Floo Network

Floo
Posted by: Melissa
March 24, 2008, 05:57 AM

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):

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):

  • * * *

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.”

  • * * *

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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666 Comments

Nick

Good for you, Leaky. I know this must have been hard, but you made the right decision. I find it a bit distressing that Steve can imply that Jo is an evil copyright-grabbing monster trying to stop creativity. Isn’t it just the opposite? Didn’t she come on PotterCast? Doesn’t she browse the fan sites regularly? Wasn’t it she who didn’t freak out when Sue Upton came squeeeing over to her that night at Carnegie Hall? I think it’s pretty safe to say that Jo really likes the fandom. I don’t think she’s trying to stifle creativity, I think she’s trying to promote it. She encourages writing and creative thinking, and she even laughs about the most over-the-top fan fiction. After these and other recent comments coming from Steve, I just can’t imagine him as the defender of the fandom from the creativity-stifler that is Jo. I think it’s Jo who’s the defender of the fandom.

Posted by Nick on March 24, 2008, 01:39 PM report to moderator
Alan

I think some people are missing the point – claiming that if this lawsuit wins, it opens a huge floodgate to creators being able to control any and all fan created material.

That just is not true.

This present case holds if, and only if, it can be proved that the Lexicon is simply a rehashing of JKR’s material and if it has been done to make money.

There is no issue of “Ah ha! But although JK Rowling WONT shut anyone down, she COULD”. She’d only be able to do that for other people who reproduce her work for profit.

Posted by Alan on March 24, 2008, 01:42 PM report to moderator
Jessie

I think I’m gonna’ cry. This is all so horribly sad, and it was excruciating to read that interview. For him to spark worry in fans in order to sway opinions on the case was just awful. To Melissa and everyone at Leaky, thanks so much for everything. Really. You guys are amazing. While other Potter sites have deviated from their roots (and it was extremely difficult to watch), Leaky has always stayed true. I feel you’ve made the right decision. Yay Leaky, for being the GryffinPuff of Potter sites, always bravely fighting for the right cause. I love you guys so freakin’ much!

Posted by Jessie on March 24, 2008, 01:44 PM report to moderator
Jamie

I think y’all made the the right decision and in a dignified way. thanks for upholding great standards in all that you do with this website. Thanks for being honest and forthright as well.

Posted by Jamie on March 24, 2008, 01:45 PM report to moderator
mollywobble

“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?”—Jeff

Jeff, things happen. This is a working relationship, and when you have fundamental disagreements with a partner, even if they are a friend, sometimes it is better to seperate ties with them. They have very seperate views for what is best for the fandom, and it would seem odd for both sites to be listed under the same banner. I’m sure, like most fans, the Leaky Staff went over all of the information provided and made their own opinion on this case. I doubt they blindly accepted the situation in favor of JKR, especially since Steve was a friend (and may still be a friend). Melissa, out of anyone here, has probably spent the most time sifting through legal documents on this case. So I am confident that they did not rush to this decision.

Posted by mollywobble on March 24, 2008, 01:45 PM report to moderator
Jamie

I think y’all made the the right decision and in a dignified way. thanks for upholding great standards in all that you do with this website. Thanks for being honest and forthright as well.

Posted by Jamie on March 24, 2008, 01:45 PM report to moderator
Lunis85

To my thinking, Steve has been being missadviced to say such things. I admire his work and all, but the sad part is that this whole ordeal started linking Leaky and of course, since Leaky has such a great relationship with Jo, you can’t risk that. I am really sorry about this, but if there is nothing else you guys can do, parting ways will be. I never thought I’d see the day in which serious Harry Potter websites would severe their association for bigger reasons than shipping. It is really sad.

Posted by Lunis85 on March 24, 2008, 01:47 PM report to moderator
H.A.L.

I disagree with Steve, and it is JK Rowling’s complete right not to allow them to release the encyclopedia. I will only buy Rowling’s scottish book

Posted by H.A.L. on March 24, 2008, 01:51 PM report to moderator
Patti

What a tough call to make and I proud of all of you. Like most people who have commented I feel it was the correct decision. Best wishes always.

Posted by Patti on March 24, 2008, 01:51 PM report to moderator
H.A.L.

I disagree with Steve, and it is JK Rowling’s complete right not to allow them to release the encyclopedia. I will only buy Rowling’s scottish book

Posted by H.A.L. on March 24, 2008, 01:52 PM report to moderator
Tani

Everyone at Leaky as obviously been very conscientious in their attempts to be fair and represent such a large portion of the fan community. Well done Leaky!

Some of the opinions on copyright are a bit frustrating to me. I don’t know if it is generally understood that it is extremely difficult to make your living in the arts. It is not something that is promoted by our “business” culture. Copyright laws protect writers, musicians and artists of all kinds so that they may bring their work to the public and be able to make a living at it.

Yes, Jo has profited by this more than most artists. She is now wealthy from her efforts and her art, but that doesn’t mean that it is all about money for her. As a writer, your stories are like your children. You feel the same sort of fierce protection for them. For someone to take advantage of your work (the point being the SVA has added nothing new in his proposed book), then you must protect them as Molly protected Ginny in the final battle. It’s the same motivation!

So while everyone is looking at profits and greed in this particular case, remember that there are those of us who have a lot of trouble earning our living from our art, and if it were not for copyright laws, we would have no chance at all. Everything we created would be up for grabs by the public at large, and then how would we pay our rent or put food on the table? The issues here are not just about the moneyed, but about all artists and their right to earn a living from the material they create.

It is a sad situation to be sure, and my empathy goes out to everyone involved.

Posted by Tani on March 24, 2008, 01:56 PM report to moderator
Pat B

I agree with you and think you have done the right thing.

Posted by Pat B on March 24, 2008, 02:02 PM report to moderator
Mrs. de Mimsy-Porpington

“If your determination to shut your eyes will carry you as far as this Cornelius Steve,” said Dumbledore, “we have reached a parting of the ways. You must act as you see fit. And I Leaky shall act as they see fit.”

It’s a sad day.

Posted by Mrs. de Mimsy-Porpington on March 24, 2008, 02:07 PM report to moderator
GadgetDon

Alan, the issues of how much control someone can have over fandom is somewhat of an open issue, in most cases the fans backed down and so to the best of my knowledge it hasn’t gotten a precedence set yet. Fans back down for lack of resources, or just a desire not to fight the creators of something they create.

As I understand the issues (I am not a lawyer, though I’ve read on these issues) the profit making element is legally irrelevant, it’s no more legal to violate copyrights or trademarks for free than it is for “I’m gonna be rich”. Creators have more incentive to go after those who are infringing for profit, but you just need to see the headlines about the RIAA to see it’s not necessary. When discussing the books in the Leaky Lounge, I regularly check the Lexicon if I’m unsure of a connection. That seems to be to be adding something new.

I will make this prediction…if the judge rules against RDR, the reasoning stated won’t be crafted in such as way that fanfiction and fanart will be protected. It may not specifically state that they are allowed, but the best we can hope for in such a decision is for our status as a legal grey area to remain.

Posted by GadgetDon on March 24, 2008, 02:08 PM report to moderator
Heidy

Jeff,

They didn’t bail out on him. Leaky was a neutral provider of information on this case. If Steve had not given that interview and said what he said, Leaky would have waited until the verdict before giving their opinion.

When have you known Leaky to be greedy? Have you not been around for the countless charity drives? Please make your points without insults. By the way, Jo didn’t try to stay in the public eye. She’s always been there. She doesn’t need extra publicity. All she has to do is be seen writing at a cafe and the press would go crazy. No to mention that the cafe owner would turn in a nice profit and all those “eye witness” would get paid to talk about what they saw her doing, what she was wearing, and anything else they can think off.

The Lexicon would have no problem going on if it wasn't going to sold.  Even if they printed a version of the whole site and then gave it away for "free" I doubt Jo would have had a problem.  It's the fact that a lot of the site has copious quotes from the HP series and it's being sold that's the problem.  Even with all the quotes on site, Jo doesn't care.  So no, I don't think this is going to affect HP sites.  I cannot say the same for other authors, but for us HP fans, I think we'll be fine.

What I don’t understand is why Steve, being the talented writer that he is, did not just limit the book to essays and articles he and his staff have written. He could have done that and no one would have had a problem. I think the problem is also that the book is almost exactly like Jo’s “Scottish Book”. Change the format and some of the content and publish it that way. Then everyone should be happy.

Leaky, ignore the negative comments, as they are very few.

Posted by Heidy on March 24, 2008, 02:10 PM report to moderator
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