underscore, I might be more likely to believe that excuse but for two things: 1) SVA is a fifty-year-old librarian, meaning he is in a unique position to understand issues of copyright, fair use, and plagiarism; and 2) he got his publisher to promise in his contract to assume all legal costs in the event of an infringement lawsuit.

I have never heard of a publisher agreeing to that; it is an extremely unusual concession by a publisher and the fact that he thought to include it, let alone pushed hard enough to get it actually included, in his contract shows that he was not “duped” into this but knew full well what he was getting into.

also, underscore’s stattement: “It is a Publisher’s responsibility to identify and assess whether a work or work in progress is in violation of plagiarism or copyright infringement” is false. Publishing contracts almost always contain a section that looks something like this: “The Author represents that he is the sole proprietor of the Work and that the Work to the best of his knowledge does not contain any libelous matter and does not violate the civil rights of any person or persons, does not infringe any existing copyright and has not heretofore been published in book form. The Author shall hold harmless and indemnify the publisher from any recovery finally sustained by reason of any violations of copyright or other property of personal right.”

It is absolutely the author’s responsibility to submit an original work that does not infringe on anyone’s copyright, which is why the publisher’s agreement to pay SVA’s legal fees is so unusual.

Tasha-

Of course he was afraid of copyright violation/ Fair Use problems – after all, it’s a companion book. But the law is not so simple, as I’m sure you can see from following the case. And I don’t know about you, but if a publisher told me they, a small company, would risk being sued by a multibillion dollar team like JKR and WB for my book, I’d be pretty sure that they weren’t expecting the book to be considered copyright violation.

@LunyLovegood Maybe it’s you who haven’t bothered to read up on facts? All of what I wrote below is in the evidences and testimonials for the trial.

Steve KNEW that the book was illegal. He said as much, right on his website, when someone has asked him if he planned to release the Lexicon as a book. Yet later he agreed to write it and publish it via RDR, and went as far as saying that he’s completely in the right. His contract with RDR has a clause that states that RDR takes full responsibility on the legal front – ever wondered why?

As for kicking someone when he’s down, normally I hate that, too. However, while I believe Steve’s desperation, find it very appalling that, among other things, he pretty much groveled in court, blaming everything on RDR, saying they talked him into publishing the book – after months of behaving as if he was completely right and JKR and WB were deadly wrong.

And I don’t think Leaky reports and comments here have any significant effect on Steve’s collapsing life… but then, he’s dug this hole for himself, and while I believe him when he says he’s sad, he apparently has plans for other books to write and publish. Hopefully he’s learned his lesson.

Sorry for the screwy grammar, I’m sleepy and I accidentally posted the comment without proofreading it first.

Maybe SVA has been under the imperius curse? ... Seriously, though, the only books that really matter for the true fans are the seven books that were written by JKR. I have no interest in reading the Lexicon. When I want to go back and revisit the world of Harry Potter, I prefer to just pick up the books again and read them. ... Maybe what SVA could do is sincerely apologize to JKR from the witness stand for causing her pain, and forget about getting the Lexicon published.

barak, Quoting from Steve’s testimony, which you appear to be referencing:

“For a considerable time I declined these suggestions…There were two reasons for this. First, until the summer of 2007, Ms. Rowling had not completed the series of Potter books, so that any encyclopedia published before that point would be incomplete. Second, until August 2007, I believed that an encyclopedia, in book form, would represent a copyright violation. This was an assumption on my part, however, as a layperson.”

This does not say that he”KNEW that the book was illegal”, does it?

sorry about the double post

Actually he did know it was illegal. He has said before the series had even finished that it would be a copyright violation, if he were to try and sell it.

Luny,

Iif a small company told me they weren’t worried about copyright violation and agreed to pay my legal fees, and did not have dozens of companion books published and an established history with that type of publication, I’d contact an intellectual property attorney and find out what he had to say. A small publisher may or may not have any idea about the legality of something like this, especially one that does not publish books like this on a regular basis. Contrary to what people here seem to be saying, the responsibility for all of this is the author’s, not the publisher’s.

I think it’s pretty clear that RDR Books is in over their heads. I suspect a larger publisher would have demanded significant changes to the lexicon before they agreed to publish it.

@ lunylovegood: I’m disappointed in the fans who write with all their vitriol turned on a middle aged librarian who, I’ve been told, has been fired from his job and received Howlers from many fans, who’s so often been judged for being sloppy by fans who haven’t bothered to read up on the facts, who’s been abandoned by people whom I thought were friends of his – and for what?

Steve voluntarily quit his job, left his family (that is as far as I’ll discuss his private life), and moved to England to become a writer. He received “howlers” from fans because they were shocked he do something like this, afraid he’d steal their work off his site, and because he’d so vehemently told others in the past not to do what he’s done. Please, do not try to insinuate that we have not carefully followed everything from the moment we knew that a lawsuit had been filed. You are sadly mistaken to believe so.

For having the temerity to try to publish a book which he believed was legal. It is the publisher’s reponsibility to check that a book is legal, and this publisher assured him it was, with full knowledge of what the book would contain.

Wrong again. Steve dissuaded others from trying to publish a book exactly like his. His emails to others on this matter, and posts he freely made on the web, clearly say that to write a book like that would be illegal. Those emails and posts are part of the exhibits listed at justia.com. Then too, he claims he was misled, funny though that it didn’t stop him from covering his backside from potential infringement lawsuits brought only by JK Rowling or her assignees. The contract with that odd clause is also available to be read at justia.com. That speaks volumes.

For having the apparently unspeakable chutzpah to say that he believed this lawsuit, if he lost it, would set a bad precedent. This was what triggered Leaky’s disassociation with the Lexicon.

Sorry, TLC dissassociated from Steve mainly because of his two-faced persona. Saying one thing to the public, another to the readers on his site, another to those who were his friends and business associates. The email in question, that caught him in an outright lie, had to do with an email between he and Melissa. This is why Melissa will not be reporting any further on this case, rather other Leaky staff will be doing all of the reporting of todays testimony. Their report should happen about he same time as it did yesterday, so we’ll be seeing it soon.

i>I’ve followed this case, and while it may be that RDR is in the wrong. It certainly seems so. But what impressed me most about this case was the eagerness people have to kick someone while he’s down, to spew hatred when the rest of the pack is doing so.

And yes, while I have great respect for Leaky’s measured reporting, and appreciate their allowing me and others a forum for speaking our opinions, I am also disappointed in their decision to make life even worse for someone who’s seen his entire life collapse around him.

He has absolutely no one to blame but himself…and yet, he’s blaming RDR. He’s blaming Jo, in a recent interview he actually said that she’d been “ill informed”. On his site, in the comments section, he also posted this little gem of BNF entitlement on March 25, 2008:

“No, I never thought that the fansite award gave permission to print a book. Anyone who is saying that I thought it did never got that from me. I have never said that nor would I.

I had every reason to believe that they would have no problem with a book which uses content that they’d clearly approved of. “

Gee, I thought RDR was the big bad publisher who’d MADE him sign that contract, who’d unduly influenced him with lies and false promises. Guess he wasn’t being entirely truthful, huh?

I hope Melissa was in the courtroom and will be sending us another really long post like the one from last night? I am looking forward to reading it.

This whole case makes me sad. I wish it would just go away, but I also can’t help but want to know all the details.

That’s what baffles me—he knew it was illegal and continued to do it. And even after the fandom shouted foul, he continued to pursue it.

I’m so sad for him that he has dug himself into this pit. however, he is an adult and being a librarian, should have known the ramifications of his actions.

Melissa has posted this over on the Leaky Lounge, WB/JKR vs. RDR/SVA Part IX, page 46

“all – I’m on the way home now. I will no longer be posting news updates; I have recused myself from this case from the moment the e-mail in question was mentioned, as it was mine. I have made no news posts since discovering it would potentially be used and took no notes from the moment it was. Kristin will be handling news posts from here on out.

The email is question is from January, and was read out loud after Mr. Vander Ark said he did not feel RDR had lied to or misled him.

I’m sorry that I have to discontinue, but I always said I would recuse myself if this happens. We will still gather as much information for you as we can and post it.

Thanks for understanding, all. We will still be absolutely certain to correct falsehoods that spread as a result of testing, as John was there too and can do so just as easily as I.

<3, Melissa”

sigh oh pleeease, let it be over soon…

it really sucks, that Leaky kinda get’s in the middle of this…or Melissa. Anybody really. Darn timezones…I’ll have to wait until tomorrow morning to make up my mind.