Other reports from the trial can be found here. If you have find an article on the trial that you believe Leaky should link to, please contact us, or leave them in the comments section.
It sounds like he is close to ruling in favor of SVA, but could change his mind. He recognizes that however he rules, it will be appealed and more than likely, given the complex nature of the case and conflicting case law, end up in the Supreme Court. In that case, both sides lose since the costs of litigation would far outstrip any procedes made by both JKR and SVA, even if SVA wins and JKR goes ahead with the Scottish Book.
After the trial, JKR offered an olive branch that if SVA improves the book, and adds some content, she would be willing to drop the suit. SVA and RDR would be idiots to pass this up (although that is a possibility). These cases end up looking like a duck swimming on a pond: Nothing happening on the surface, but furious work going on underneath just out of sight.
No matter who wins, it will be a very phyrric victory.
No Sam, not everybody is “dying” for the Scottish book. That is too extreme. I would buy it if I can afford it. I have a life outside the HP fandom and mouths to feed, my priorities.
I agree with basketcase. As I’ve said before, how much loyalty does the queen need her subjects to give her until she says “off with their heads” which is what queen JKR is doing now to one of her most loyal subjects. Where does loyalty end?
Let this book be publish and let the public/fans decide what to do with it – buy it, burn it, support it, ban it, boycott it. Respect the wisdom and intelligence of fans to know the difference and decide for themselves what to do with it. Let it see the light of day and give the public an option, a choice, to critique it, to express their own feelings about it. That’s called freedom. No to supression.
Just another thank you to Elizabeth. I’m constantly impressed by all the literate and knowledgable people on this website, and it has sure helped to have a lawyer/law student or two here, as well as Melissa with her journalist training.
And no, I dont think this is outright plagiarism, stealing, copyright infringement. Because if so, then there would be no case at all and RDR would go directly to jail. The reason why this is in the courts is because their is contention, there is reason to say that there has been no violation on copyright issues.
Tom;
I’m willing to bet that ever since the judge urged them to settle Neil Blair (JKR’s [other] lawyer) and I’m assuming a WB lawyers and the RDR lawyers have been talking to see if some sort of settlement can be reached. Whether or not JKR and/or SVA and Rapoport agree to it is another story.
In the end, though, I think that the ruling could go either way – both sides have good points (impact on the market of the book likely minimal on JKR sales, it does expand on the books on one side, the amount of entries that are very similar if not exactly like JKR’s words in the lexicon on the other). As much as we, the fans, would like JKR’s emotional plea to play a factor (how the lawsuit is affecting her writing) I know I don’t like the idea of her not writing, or having difficulty writing, I don’t think it plays a part in whether or not the book infringes on her copyright. What is copied from her books in the Lexicon is.
Since I haven’t seen the lexicon book, I can’t comment on what is in it, but my first thought was how it would compare to Cliff Notes/ Coles Notes, which students have used for years, and are apparently legal, though after the suit, my guess would be that it doesn’t have the analysis that those aids do.
What I do find worrying is that JKR has been lenient about fan use of her work, which could work against her. If she and the WB are knowingly allowing the use of her characters in other publications and on the web, and I’m not sure if that sets a precedent, or not, or if it matters. Because if online encyclopedias won’t hurt sales, or already published ones won’t (which may not be complete but still are on the market), then I suppose a case could be made that, there are already all these online ones, and all these ones already in print, however they have not affected sales therefore this one won’t either. This is just speculation on my part though, since I don’t understand copyright law.
If this is not settled out of court, no matter which way the judge rules, there’s likely going to be an appeal, which will just drag this out.
I find it very amusing how many people are branding the judge “stupid” because he couldn’t get through HP…when the people posting most likely could not understand even the most basic of the many laws and precedents that are Judge Patterson’s bread and butter. Seriously, guys…different strokes for different folks.
As for the case itself, I’m with the Judge here…I think that a settlement really would be in everyone’s best interests. Most of the arguments WB has made are pretty far out, if you ask me; and while I do think that SVA and co currently have the better case, there’s almost no way they’re going to get out of the courts anytime within the next 10 years. Whatever side loses is doubtless going to appeal, doubly so if it’s JK and co; and that fight, stretched out and ugly as it will be, certainly won’t be pretty. Slightly altering the book (perhaps adding some of the excellent essays on the Lexicon website, if they aren’t already included) would seem to be a relatively reasonable conclusion.
[This is my third comment. My other two were posted on April 17, 2008 @ 3:26 a.m. and 3:57 p.m. respectively to the following article: http://www.the-leaky-cauldron.org/2008/4/17/jkr-wb-vs-rdr-books-trial-day-three-a-partial-settlement-reached-wsj-law-blogger-dan-slater-speaks-to-ip-expert]
J. K. Rowling could easily turn a blind eye to the Harry Potter series, if she wanted to. With a few dollars, she could take a sabbatical, find a far away place to become permanently hidden, and forget about the world. What is it that motivates her to stay and continue to stick out? I don’t think it is something as frivolous as toying around with fans who stand to make maybe six-figures, maybe more, maybe less, riding the back of the Harry Potter roller coaster. Although, portraying her as some wealthy monster raring to attack “a weak and nerdy fellow (with all due respect)” is not accurate either. Lest anyone forget, hours and hours have been spent by her writing thousands of pages about Harry Potter, who himself is characterized as an orphan, “nerdy,” and with the whole death of hell on his shoulders as the odds were stacked against him. She herself might answer that she is doing it for Harry, and anyone who has wrinkled the pages of her books could understand wholeheartedly why. She could turn a blind-eye to this, but according to the notes taken about her testimony in court, she mentioned in someway the “principle of it all.” Something of principle that stands out to me is the implication that the defendants were cordially asked not to pursue an Encyclopedia about her work. If Jo had asked me something like that I think I would feel obligated. I mean, maybe my effort and time could be spent creating my own series of books, and then I wouldn’t have to ask or answer to anyone. J. K. R. alluded at the end of Deathly Hallows, that Harry Potter’s story should end, and hopefully that might keep others from trying to continue Harry’s story. It is obvious that a firm line had been drawn. It could be portrayed as an attack on fandom, but considerate fans think twice and seek counsel about whether or not to cross lines, especially when interacting with the author of their stories. It seems that crossing that line and pursuing an Encyclopedia was rather deliberate, but that isn’t entirely the principle at stake; that could be solved easily with a well constructed settlement. The principle IS that Harry deserves to eat his sandwich and rest in peace at the end of the story; he deserves to be respected. There is a precedent to be set. Whether or not the defendants will respect Harry Potter, even after they’ve crossed the line, probably goes with out saying, but can anyone give a definite answer to that one? What about others who may or may not be fans that decide to exert literary freedom all over Harry Potter? I say Harry Potter fans deserve to have a Harry Potter that is protected by J. K. R. The rules now in place, considering the lines have been crossed, should be to write something extraordinary, or don’t write it at all. Pay the luxury penalty to import the fur. Harry Potter fans will have ribbons and pearls, and Harry Potter can have his sandwich. I don’t mind J. K. R. being a mother goose, if it means that the story will be always respected. As Hermione might say, “That is the reason. That is why J. K. Rowling came back to protect Harry.”
Because if so, then there would be no case at all and RDR would go directly to jail.
I-in the skye, this is a civil case, not a criminal case. Regardless of what happens, no one’s going to jail. :)
Just another thank you to Elizabeth. – Professor Lily
Thanks to Elizabeth for giving us an inside look of the law. – Neil
You’re welcome. And thanks. :)
I believe that in the end the intention of the scottish book will be the deciding factor. – erictipton
And that prospect gives me serious pause about the case that JKR and WB are advancing. It seems that they’re arguing, basically, that JKR has a copyright in a book she has not yet written, and that is extremely disturbing to me. To rule that someone could have that sort of copyright would, as I’ve said before, open a legal Pandora’s Box, because it would basically be saying that you can copyright an idea. I wish JKR and WB had stuck on the firmer ground of the works that already exist. Unfortunately, I think this case is driven, in large part, by plans for the Scottish Book; if the Scottish Book already existed, I think the argument for copyright infringement would be much stronger.
There was virtually no argument at all that the copyright of Jo’s to-be book was at question. It was mentioned, probably more as a tactic to get the full scope of the issues at stake out there, but the actual arguments focused on whether the book in question, the HPL, was fair use. JKR said repeatedly that her main point was how much of her phrasing and plots is taken and put right into the HPL; if the SB plans were driving her testimony that’s what she would have focused on. The unwritten book is more of a side issue and was resolutely treated that way by everyone involved.
Your post has brought me, a grown man and very proud father of a wonderful young man to tears. I fully well remember reading Harry Potter and the Sorcerers Stone with my son, not to him but with him and we both began on a journey that I would not give back, not even one second of it!
Thank you for your beautiful words and understanding of what I hope so many other lovers of J.K. Rowling and her fictional characters of the Harry Potter series have brought to all of our lives.
No matter what side of the fence we find ourselves on at the moment, I hope we can all remember the boy who lived under the stairs, made life long friends, learned to trust and became someone others could trust in as well.
So Copperhead, the Leaky Cauldron and of course J.K. Rowling, let me say Thank you… You have done things that have bettered my life and the lives of others I believe. That is what truly matters.. Our deeds, our choices in life and our actions and the understanding of how they affect others, not just ourselves. For these simple things are what I hope we will be remembered for long after we have left our Carbon Footprints upon this place we call home.
I read PS/SS when I was seven, and I definitely had no problem understanding it! But then, I agree with Elizabeth. I guess people’s thinking differs a lot, and some people aren’t able to follow fantasy or fiction. It doesn’t make them stupid. My dad’s brilliant at Physics and Maths, was a top ranker in Maths in his university but couldn’t understand head or tail when he read HP. I guess the names just baffled him!
It depends, I guess, on a specific interest and a specific bent of mind to understand fantasy like this. This said, I doubt the judge would really take his personal feeling into consideration while reading out the final verdict in a case. I mean, he hasn’t been made a judge just like that! And Melissa said he said his grandkids loved the books!
Melissa, I understand why you wouldn’t want to report on yourself (when your name was brought into court), but I would love to read about what happened. Do you know if anyone else has reported on this?
My take on the relevance of the Scottish book was that it needs to be considered in the fourth factor of fair use: the effect of the use upon the potential market for or value of the copyrighted work. This is often stated as “the effect of the use upon the potential market for or value of the copyrighted work AND DERIVATIVE WORKS.” The Scottish book can be seen as a derivative work of the orignal work (the HP books) to which JKR and those she has assigned rights to under copyright law have some control over. However, Elizabth, I do see your point about the idea vs, expression issue.
I know DorisCrockford raised this on a previous thread but it seemed such a common sense idea that I thought I’d raise it again. Couldn’t someone just go through the SVA book with a highlighter pen and literally highlight all the lines that are direct or close quotes or paraphrases and see what’s left over? That should graphically demonstrate percentage of stolen text. Has noone thought to do this to show the judge? If the judge isn’t familiar with HP then how can he tell what’s original text and what’s stolen otherwise?
Personally, I see no use at all in a Lexicon that’s incorrect, but if SVA agreed to iron out errors, acknowledge all quotes and paraphrases (book title and page numbers), and then publish the work as an unofficial guide, I wouldn’t object to it. (I wouldn’t buy it either but there you go)
I’d like to add my thanks to Elizabeth for explaining so much :)
On ideas; I thought there was a way of protecting ideas and ‘unpublished’ work as long as there was some concrete record of the idea? For instance fashion designs that don’t make it to fabric (I remember a news item recently on CrimeWatch UK, in which someone’s designs were stolen and appeared later on a catwalk, which included advice on how to protect such designs). So I would think that Jo’s notes count, just because they exist on paper, along with a record of what she’s said relating to the proposed layout of the SB??
I found this in a legal question and answer session on The Stage (UK theatre newspaper):
“There is no copyright in an idea as such but there may be in the manner in which the idea is expressed, provided such expression is ‘original’ and provided it is recorded in writing or in some other permanent form such as film or electronic record.
Accordingly, if you wish your ideas to have any chance of qualifying for copyright protection, you should put them down in writing and flesh them out into a ‘treatment’ in as much detail as you can muster.” (May 2003)
"So the [i]Daily Prophet[/i] exists to tell people what they want to hear, does it?" said Hermione scathingly.[br]Rita sat up straight again, her eyebrows raised, and drained her glass of firewhisky.[br]"The [i]Prophet[/i] exists to sell itself, you silly
Because if so, then there would be no case at all and 
It sounds like he is close to ruling in favor of SVA, but could change his mind. He recognizes that however he rules, it will be appealed and more than likely, given the complex nature of the case and conflicting case law, end up in the Supreme Court. In that case, both sides lose since the costs of litigation would far outstrip any procedes made by both JKR and SVA, even if SVA wins and JKR goes ahead with the Scottish Book.
After the trial, JKR offered an olive branch that if SVA improves the book, and adds some content, she would be willing to drop the suit. SVA and RDR would be idiots to pass this up (although that is a possibility). These cases end up looking like a duck swimming on a pond: Nothing happening on the surface, but furious work going on underneath just out of sight.
No matter who wins, it will be a very phyrric victory.