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JKR/WB vs RDR Books Trial Day Two: Steve Vander Ark's Testimony

Companion Books
Posted by: Kristin
April 15, 2008, 05:56 PM

USA Today reports that Steve Vander Ark testified earlier today in the case brought by J.K. Rowling and Warner Brothers, who are attempting to block publication of a print version of the Harry Potter Lexicon website.

According to the article, during testimony, Steve Vander Ark was visibly upset when discussing the impact of the case. “It’s been difficult because there has been a lot of criticism, obviously, and that was never the intention. ... This has been an important part of my life for the last nine years or so.”

USA Today also reports that Mr. Vander Ark noted that he had concerns regarding whether the publication of the book would constitute copyright infringement, and that he was talked into publication by the publishing company.

UPDATE: The Wall Street Journal Law Blog reports on the testimony as well, noting that the Ms. Rowling and counsel were positioned directly in front of the witness stand.

The WSJ reports that in opening remarks, RDR attorney Anthony Falzone noted that Vander Ark’s interest has never been about money, but “passion”. In testimony today, Vander Ark reported that he has made about $6500 from the website between 2000 and 2008, through advertising.

For further information on the opening day of the trial, please see yesterday’s post here at The Leaky Cauldron .

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160 Comments

Nighttime

I find it hard to feel sorry for SVA when he says that “this has been an important part of my life for the last nine years or so,” only because it has been an infinitely more important part of JKR’s life for the last eighteen years or so. I know the guy has had some hard times, and for that I sympathize; still . . . I think he took it too far.

I soooo wish this could be over.

Posted by Nighttime on April 15, 2008, 08:05 PM report to moderator
Tyler

You know, at the beginning of this case I was inclined to believe that SVA was talked into it by RDR. Since then, however, he has come out with at least two interviews where he has very clearly stated that he is 100% involved with RDR’s position. So naturally, I stopped thinking that RDR had somehow hoodwinked him. Now he’s saying they hoodwinked him. What am I supposed to believe? If he felt taken advantage of, why on earth did he make those comments chastising JKR and affiriming his support for RDR? Trying to publish the Lexicon was a mistake, but a far bigger mistake in my opinion was him giving those interviews. Those were the most damaging things of all. You notice TLC didn’t sever ties with him until he gave those interviews. Nobody is going to believe he was duped after him saying what he said.

Posted by Tyler on April 15, 2008, 08:09 PM report to moderator
Joan

I do not think it is fair for you guys to be critisizing Lexion, without looking at it from both sides, especially for those of you who spend a lot of time on this website. This site has a lot of great information about the Harry Potter books that fans have had no problem being apart of in the past. I also saw a very nice thank you letter from Mr. Vander Ark addressed to Mrs Rowling about this website that she has frequently praised. The publishing company convinced him that there would be no problems with publishing his book, which he already had concerns about. Apparently they were not being truthful about the copyright problems that could occur from writing the book. If I were writing a book about my favorite author I would make sure that the author supported my book. If Rowling will not support Stevie’s book then he should not write his book.

Posted by Joan on April 15, 2008, 08:10 PM report to moderator
Michellek

I don’t think Steve is necessarily a bad guy. Not a great one mind you but not inherently bad. I am however very dissappointed with the “they made me do it” defense. I f he had concerns in the begining that is nice but he needs to step up and be an adult about this, not try to shift blame. The comments that his defense is indicative of remorse are absurd. He is not showing remorse just a huge lack of maturity and responsiblity for his actions. Steve a little advise: admit you were wrong. Then ask for forgiveness for you poor judgment and greed from the court, from the fans and most of all from Jo herself.

Posted by Michellek on April 15, 2008, 08:11 PM report to moderator
sevfan

She said NO, she meant it. How hard is that to understand. She has to defend her copywrite or lose it. He lost not only the book deal, but his fanbase will not remain. No publisher will touch him after this, no matter the outcome. When you lie and cheat, it comes back to haunt you. He should have learned that lesson as a child.

Posted by sevfan on April 15, 2008, 08:18 PM report to moderator
rococofied

I was disappointed in Steve Vandar Ark’s testimony, as it endeavors to do little more than to earn sympathy (an attempt at which, judging by the comments so far here, he didn’t succeed). However, I will wait until The Leaky Cauldron provides its own report, as the mainstream media’s coverage of this trial has been, needless to say, deplorable and lacking. Hopefully he delivered statements that are more pertinent to this case.

That said, I must register my astonishment. I would have hoped that Steve Vandar Ark would have consulted with a multitude of copyright lawyers if he had such concerns, and not so naively trusted the representatives at RDR Books. That said, he now unfortunately reminds me of Peter Pettigrew.

Posted by rococofied on April 15, 2008, 08:18 PM report to moderator
ChrisCHJ

Just let this end ¬_¬ I may support Jo but I won’t say anything bad about SVA and shame on those who start scandalizing and putting the man down.

Yes, what he did was bad but consider how this man must be feeling right now. One of his role models is having to do something that even she wishes she didn’t have to do and it’s destroying the poor guy. AND It’s when everyone starts taking shots at people which makes me sick.

I mean “Sort of Karkarov-like. He’s going to end up in a shack up north with the Dark Mark over it.” is APPALLING. I’m sickened that someone would even use that as a way of putting someone down.

I think it’s time for Harry Potter fans to show unconditional love towards this guy, even if you may not agree with what SVA has done. AND let’s not forget that RDR Books has a part in this, where are all the derogative, bullying comments at them huh? Not that I would endorse that… but people seem to have forgotten about them in their rush to put it all on Mr Vander-Ark

I don’t support Steve, but what I do support is fair treatment of others, which people seem to be forgetting.

Chris ¦3

Posted by ChrisCHJ on April 15, 2008, 08:19 PM report to moderator
arassi

What does John Buechler ’s Troll have to do with Harry Potter other than the main characters names? That movie’s plot has nothing to do with the Harry Potter plot. I’m not sure why he could sue JKR over that (not to mention that there are lots of ‘Harry Potters’ in the world).

Also, I find it disturbing that JKR referred to SVA as a bit obsessed with the Harry Potter world. If you think about it, she deals with obsessed fans everyday of her life. As a fan, I would be heartbroken if she referred to me that way, and I would work to modify my beahvior as a result. I got the stalkerish vibe from him after reading the emails where he requested employment from her publishers.

I wonder if she’ll ask for a restraining order after this?

Regardless if he had concerns over the publishing of the Lexicon or not, he was well informed that she had objections to it. He should have stopped at the first cease letter.

It will be interesting to hear what he said during the proceedings.

Posted by arassi on April 15, 2008, 08:25 PM report to moderator
Johanna

Jo, I support you all the way. It’s your right to fight this and I hope you will win.

Posted by Johanna on April 15, 2008, 08:29 PM report to moderator
Squibby

to Harriett: you confuse 2 different things_website and book. You should read it carefully.

Posted by Squibby on April 15, 2008, 08:42 PM report to moderator
Ann

Did anyone see the AP video? Its kinda harsh all the way around. I think people who haven’t been following the story are going to jump to conclusions

http://video.msn.com/video.aspx?mkt=en-CA&brand=sympatico&vid=3c063ed3-7f13-436e-b96c-f8ea6435a511

Posted by Ann on April 15, 2008, 08:43 PM report to moderator
Elyzie

I don’t think Steve understands how limiting this is to any of his future endeavours. He could have done so much with his life if he just strayed from the horrible decisions he made in this situation. He could have easily backed out of it, and he chose not to.

Posted by Elyzie on April 15, 2008, 08:57 PM report to moderator
djm19

I saw Jo speaking outside the courthouse in a snipet on the news last night, and she seemed visually shaken from this ordeal. Fight the good fight, Jo!

Posted by djm19 on April 15, 2008, 09:00 PM report to moderator
budb

First, thanks again to Leaky for keeping us informed

Second, let me join Adam, Kiwi, Mizzy and others in asking that people step back from the theatre of the courtroom and from vilifying either SVA or JKR. let’s focus on the main issues, which (as the regular readers/contributers know) we have discussed in detail. To Professor Potter and others who share their legal knowledge and experiences with us, many thanks for patiently steering the conversation back in polite but focused channels!

Posted by budb on April 15, 2008, 09:12 PM report to moderator
Cat

SVA is a totally unprincipled parasite! There is NO excuse for what he is trying to do! The fact that he is trying to squirm his way out of his responsibility for his own actions is deplorable! RDR Books “talked him into it” indeed! How stupid is he if he thinks that anyone is going to believe that?

I can just hear SVA in a “Geraldine” voice “The DEVIL made me do it!” Most of you are too young to know this tag line but SVA is definitely old enough!

He is 50 YEARS OLD and a LIBRARIAN!!!.... what part of basic copyright infringment and plagarism can he possibly be ignorant of? He stole JKR’s work and wants to profit from it. HE DID IT! HE IS GUILTY! and should not profit from his crime! (Isn’t that the law???)

Also, his allegation that the “encyclopedia” is a recent development (on JKR’s part)... WRONG!!!!! Several years ago, I remember JKR saying in an interview that there was SOOOO much information, so much backstory and so much detail about the Wizarding World that would never make it into the remaining Harry Potter books, that she was seriously thinking about putting it all together in a compendium.

Oh and Chris you said: “what I do support is fair treatment of others..” Please tell me what part of what SVA is doing is FAIR? In order to expect or receive fair treatment from others … one has to exibit fairness one’s own actions toward others.

Posted by Cat on April 15, 2008, 09:14 PM report to moderator
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