According to the Wall Street Journal Law Blog, Judge Robert Patterson addressed the courtroom at the end of the second day of trial:
“I’m concerned that this case is more lawyer-driven than it is client-driven. The fair use people are on one side, and a large company is on the other side. . . . The parties ought to see if there’s not a way to work this out, because there are strong issues in this case and it could come out one way or the other. The fair use doctrine is not clear.”
Judge Patterson reportedly added:
“I’m bringing it up now so you can think about it before you get into the rest of the case. Maybe it’s too late; maybe we’ve gone too far down the road. But a settlement is better than a lawsuit.”
In addition to Steve Vander Ark taking the witness stand earlier Tuesday, afternoon testimony centered around the impact a published version of website The Harry Potter Lexicon would have on any encyclopedia J.K. Rowling might write. While publishing expert Bruce Davis stated that such a book would likely have a small print run and do little to harm the potential market for a Rowling-penned book, Suzanne Murphy of Scholastic stated that while she finds Vander Ark’s lexicon to be of “poor quality”, she believes it “has potential to do quite well in the marketplace”.
It seems that the judge is saying, you should settle now, because someone – including everyone affected by fair use laws – is going to lose big time here… I wonderf if there is really any inclination to settle, because if there were, it would have happened long before now.
The judge is smart, but I DO wonder if it isn’t too late. I thought that they had already tried to work it out before it got this far? Wasn’t that whole thing about RDR not giving WB a copy of the manuscript of the book them trying to get this settled befre it came to court? Either way, I support JKR, from everything I have read and heard about the case, but hope that in the end everything works out for the best for both sides…
Just how could they settle? I’m pretty sure JKR/WB’s position is that the book NOT be published, and I’m sure SVA/RDR’s position is that they should be able to. How do you settle that? Where’s the happy medium?
Maybe if they make it so the book had X number of new pages of all commentary or something. But still, I just dont see where there’s a middle ground to settle on.
The Judge could rule in RDR’s favor. Copywrite law is very messy. I remember the Da Vinci Code case a few years back that went a long time that case went to Brown but it was some non fiction book sueing him, now it is the other way around.
I think the judge wants RDR to withdraw the book and WB to let them do that without demanding any compensation. If they were just the authors left (JKR and SVA), from what I’ve seen of their testemonies they would settle for that. JKR just wants the book not to be published and SVA is working on another (hopefully legal) HP book anyway. RDR wouldn’t lose any (or at least much) money this way (he has a defense fund and some of his lawyers are working pro-bono, if I understood correctly). This would be a solution that would benifit everyone, except the lawyers, so I think this is it and I hope RDR takes it (for his own good) and keeps his publishing firm operational and himself out of debt.
I see it as ‘you lose on facts’ to SVA/RDR side and ‘don’t get too cocky and vindictive, this can still bite you in the behind’ to WB/JKR side. Of course, all in hopes of ending this disaster as soon as possible.
I just cannot believe this is happening. After how generous and interactive Jo has been with the internet community for Steve to do this is unconscionable. if it is a labor of love then no payment is needed. It is selfish and narrow minded. Steve, grow up, labors of love do not return a dollar amount. It feeds your soul.
I hope there’s some kind of settlement that saves face all around. (I go back and forth speculating on which side’s arguments the judge will favor. I am not a lawyer… Right this second, I have no sense who would win.)
Jo deserves to win: but much of the reporting on this does not make her sound good (NYT story tonight; AP story on Huffington Post; the editorial in yesterday’s Independent and more. How’s television news treating her?) The lazy reporting approach says “Rich woman whose fame has gone to her head goes after a mild-mannered librarian who has given everything up in devotion to his idol.” Even the judge refers to her as (part of) “a large company.” OTOH (if RDR doesn’t appeal) she’ll be left in piece to write the Scottish Book at her own pace.
If RDR wins: it will be years of appeals before the Book is allowed to be published. SVA’s value as Potter expert and fan’s fan will be irredeemably shot, therefore devaluating any other HP companion books he wants to write & talks he wants to give, etc. RDR will have enormous legal bills they can’t pay (unless. of course. the “fair use side” lawyers continue pressing the case pro bono).
It would depend on what the judge means by “settle.” If it involves money from Jo/WB to SVA/RDR in any way, shape or form I would say absolutely not. That, in my opinion, is what SVA/RDR have been waiting and hoping for all along.
It’s true that the judge could go either way, but if he votes against Jo/WB they will just appeal it and we’ll keep going. I doubt that RDR has the resources to take this much further.
It seems in the best interest of RDR to get out now, before they lose anything more and try to save a little face. I do not see any incentive for Jo/WB to be the ones to settle it by financial means in favor of SVA/RDR.
I think evalita is right – the judge is simply saying `let’s not turn this into a legal circus. Let’s just shake hands behind the scenes and walk away’.
My overwhelming feeling is of sadness. It’s sad that JKR and a fan have been brought into conflict. It’s sad that a book company seemed to think they could get away with it. It’s sad that so many lawyers stand to benefit. The possible outcomes are sad. I’m just sad about the whole thing. I suspect the judge is too.
I think steve and RDR are so stubborn!
they have to know that most of the HP fandom is not for this book..
why are they still trying? If it is all about money… then steve has to seriously reevaluate his ethics.
If this book gets published, I will NOT buy it. period.
I hope the rest of the fandom can do the same..
PS & FWIW—There’s an interesting comment on the previous Day Two post.
Elizabeth (April 15, 2008 @ 10:50 PM) explains (among other things) that the judge’s words are a particularly harsh and public rebuke of the lawyers on both sides of the case.
Suzanne Murphy of Scholastic stated that while she finds Vander Ark’s lexicon to be of “poor quality”
I’m sorry, but that’s one thing you can’t call the HP Lexicon: poor quality. Whether you side with JKR or SVA, I think we can all agree on that. I mean, even JKR herself visited there. Anywho, I don’t want to take sides. I’m just really sad about all this…
When Harry got outside again, he found Ron being violently sick in the pumpkin patch.[br]"Follow the spiders," said Ron weakly, wiping his mouth on his sleeve. "I'll never forgive Hagrid. We're lucky to be alive."
I like this judge…