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PotterCast 148: The Trial

PotterCast
Posted by: Edward
April 19, 2008, 09:11 PM


The 148th episode of PotterCast, our Harry Potter podcast, is online this evening with an extended discussion of the JKR/WB vs. RDR Books trial which took place in New York City this past week. First, we bring you a few Harry Potter news updates including Jim Broadbent’s comments on his character of Horace Slughorn in the sixth film, the clothing styles of Narcissa Malfoy in HBP, and the 18th birthday of Emma Watson. The remainder of this episode features a recap of the three day trial as well as discussion of the testimony, witnesses, events in the courtroom, and the possible effects these events could have on the fandom. To listen, just hit the "Play" button on the right side of the page (->), or use iTunes, or direct download.

“The Trial”

- JKR/RDR Books Trial coverage from Manhattan, Melissa and John are there.
- Effects on the fandom.
- It all hits close to home.
- Movie news and Emma is 18.
- 24 hours of testimony.

RT: 74:22

Editors: Stede Bonnett

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Direct download (34 MB).
Direct download low-bandwidth (9 MB).

Remember you don't need an iPod to listen. Listen easily on iTunes, which you can download and install here, by clicking here to listen, or you can just use the streaming Flash player at PotterCast.com or just on the right side of this page. Discussion of the PotterCast is right here. Enjoy!

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Comments (46) | Average 3.0 (174 votes) Browse all Recent PotterCast News
1  2  3 
ShameonJKR

I was right all along. This case was not as clear cut as JKR and the Leaky staff claimed it to be. I never once thought what SVA was trying to do was wrong. He has always given JKR credit and not stolen anything. JKR is a control freak. I also want to know why WB was involved? Don’t they make movies?

What has happened here is a tragedy. JKR has trashed one of her most ardent supporters and for what?

Posted by ShameonJKR on April 20, 2008 @ 05:50 AM
MuggleMatilda

Thank you Pottercast for your continued support of JKRowling. You have your priorities right!

Posted by MuggleMatilda on April 20, 2008 @ 06:51 AM
JanitorOfAzkaban

What I keep thinking listening to this podcast is “Hardy Har Books” – it’s good that they can laugh at themselves.

Posted by JanitorOfAzkaban on April 20, 2008 @ 08:00 AM
kevin

Wow… THAT is why I love Jo.

/Mr. Hammer/

Posted by kevin on April 20, 2008 @ 09:19 AM
Cathie`

Very interesting podcast – I couldn’t stop listening! I feel this case is very sad and unfortunate all around. I feel for Sue, who seems to still be really struggling with all of this because of her longtime close friendship with Steve. Despite it all, it is hard to just throw away a friendship with someone and forget about all the good.

Up until now, I have found the legal aspects of the case to be quite interesting. I’ve felt (and still think) that both sides have very legitimate points from a legal standpoint. That said, I was really struck by John’s comments about the fandom, what it meant to him, and how it has affected his life in a positive way. I thought John was very eloquent in communicating his thoughts on this, and after hearing his commentary, I began to think about the fact that legally right or not, it seems Steve had more of a moral/ethical choice to make. When it really comes down to it (legalities aside), Jo asked Steve not to write the book in this fashion, and he’s doing it anyway. And no one can deny that without Jo and her story, Steve would not have a book to write at all – or a fandom to be ostracized from.

I do think Steve (and Melissa and Emerson, etc.) have a right to see some legitimate monetary profit from the HP phenomenon since all of them have put extraordinary amounts of effort into enriching the fandom over the years. In Steve’s case however, this is apparently not the only book he is writing. So it’s not like if he loses the right to publish this one, all his hope of making some kind of living off of this will go out the window. Legally, he has a right to fight. Morally/ethically, he should have backed away.

Again, it’s all very sad. I imagine that everyone who has a stake in this case will move ahead after it’s over. Certainly the WB, Jo, and even RDR books have many other business ventures to attend to. Members of the Leaky staff and the fandom in general also will forge ahead. But for Steve, it seems there will be no “win” in this case – even if he wins. For Steve, his biggest pleasure in life was being a respected and leading member of the fandom. I think being kicked out of it forever and villified all over the net is the biggest punishment and pain he could ever feel. I guess he should have been prepared for such a consequence, but it doesn’t make it any less of a shame.

Posted by Cathie` on April 20, 2008 @ 09:38 AM
hermy65

good job guys! i love hearing what went on in the court room. I’m just sorry it’s on such a personal level for some of you, but way to stay true!! To J.K.R., Harry, and all us fans!! You are greatly appreciated.

Posted by hermy65 on April 20, 2008 @ 11:40 AM
Professor Potter

Well, this is probably the most emotionally charged episode I’ve ever listened to. I was riveted and touched. John really really seemed to sum up most people’s feelings eloquently, indeed. But it was still wonderful to listen to our hosts gel so sweetly together as usual and especially here as they share their heartaches and feelings of the most difficult recent events with humour, sincerity, honesty and sometimes downright silliness (The John Thoughts with Jo is hilarious). You guys honestly rock and are great podcast entertainers in every way, during happy, sad or difficult times. Sometimes I wonder if I am more a fan of Leaky than the Harry books! Now thats a little disturbing, I mean a fan of a team of fans? That’s not right…

Posted by Professor Potter on April 20, 2008 @ 11:53 AM
Christy

I’ve been listening since episode 1 and this is the first time I’ve listened to an episode the moment it came out. I usually listen at some point during the week on my iPod. But this trial is so important and I wanted to hear everything you guys had to say about it right away.

John, thank you for not tip toeing around the issues and saying what you really believe. I just do not understand at all what Steve is doing. How can you love this series so much, but then go to court against its creator? If it was me who wanted to write this book, and then Jo said no, that would be it! End of story! There is no way I would ever want to do anything against her wishes.

And Melissa, I totally understand how you’re feeling about what this is doing to the fandom. As you know, I just saw the We Are Wizards documentary, which was fantastic, but I couldn’t help but think about how this fandom is now saddened and divided over this Lexicon book and this trial as I watched the images of happier times. But, while this is certainly going to change things, I know that we are strong. I’m uncertain about the future, but I hope we will come through this and end up even stronger.

Posted by Christy on April 20, 2008 @ 12:08 PM
Courtesy

This whole thing is upsetting and taking the fun out of pottercast:(

Posted by Courtesy on April 20, 2008 @ 12:11 PM
Susan

Just wanted to thank you for this pottercast, which was very helpful in enlightning some of the murkier parts of the case, which I have been following through the internet (esp. TLC) for the last week. Even though you voiced your own opinion, it was done with delicacy and care for both sides of the story. I really appreciate that. And being able to cheer up Jo in such a difficult time…. I salute you!

Posted by Susan on April 20, 2008 @ 01:00 PM
Courtesy

Its not working for me!!!!!!!! mine is only six minutes long!!!!!!!1

Posted by Courtesy on April 20, 2008 @ 01:58 PM
Tani

In the end, I’m a make lemonade from the lemons sort of gal. When you put it all together, I’m noticing something very interesting take place. This fandom is maturing – not in an age specific way, but in generating its own wisdom. Yes, we all fall prey to the prejudices of our own particular perspectives and beliefs, but it is also very heartening to see honest, thoughtful debate in this venue.

The thing I love most about what Jo has created with Harry Potter is the nobility of spirit – the compassion – the “do what’s right, not what’s easy” – and put yourself at risk for what you believe in order to help others. All delivered in a fascinating story with characters we love like best friends.

So when put to the test in the way this trial has done to our fandom, it brings out the best and the worst in us all. Listening to this podcast, it was definitely the Best. We all benefit from your efforts, Melissa, John, Sue, Frack, Sam & everyone else at Leaky – Kudos & Thanks!

Posted by Tani on April 20, 2008 @ 02:19 PM
Carly

I can’t wait to listen to the podcast! I’ve been carefully following the trial’s developments. Do you guys know how long it usually takes for the podcast to be available on iTunes? Thanks!

Posted by Carly on April 20, 2008 @ 05:05 PM
luna5

“Mr. Hammer!” hahahahahaha! JOHN IS HILARIOUS!!!

Posted by luna5 on April 20, 2008 @ 07:30 PM
Ginevra

“I do think Steve (and Melissa and Emerson, etc.) have a right to see some legitimate monetary profit from the HP phenomenon since all of them have put extraordinary amounts of effort into enriching the fandom over the years.”

That is a great point, Cathie. But Emerson has already admitted to profiting from MuggleNet. These websites that are overloaded with advertising, though “free,” generate enormous profits for those in charge:

“As of 2005, the MuggleNet network started generating a six-figure income through advertising revenue.” http://en.wikipedia.org/wiki/MuggleNet#_note-5

Because the Lexicon has had minimal advertising compared to TLC and MuggleNet, I was not surprised to learn that the Lexicon had generated around $7000 in seven years, probably about enough for operating costs. However, with TLC’s ads being more on scale with MuggleNet, one does have to wonder how much Melissa, Sue and John are raking in from TLC each year – not to say that they don’t deserve it, necessarily, but you can bet they won’t disclose it. This trio has done an excellent job of sweeping their profitable information under the rug, which is probably where I will find my post tomorrow. At least several other posts of mine are already there to keep this one company.

Posted by Ginevra on April 20, 2008 @ 08:30 PM
mollywobbles23

That rocked.

Mr. Hammer!!!

I think John telling Jo about his yelling “troll in the dungeon!” idea and her agreeing to bail him out if he did was the highlight of my day. I don’t know what that says about my day.

John Noe: Bringing the LOLs since…whenever he first appeared on PC. lol

Posted by mollywobbles23 on April 21, 2008 @ 02:15 AM
mollywobbles23

Oh, I forgot to comment on the actual substance in the episode (of which there is a lot). I’m watching Charm City Cakes, sue me. lol That was unintentional.

John surprised me with his statements about Steve. Not because I wasn’t expecting him to have those sentiments, but he expressed them so eloquently. And I agree with everything he said.

I wish Melissa had felt comfortable to say more, but her statement that she and Steve are no longer friends summed it up, I think.

Sue. Poor Sue. The kindhearted Hufflepuff who hates to think ill of anyone, let alone a friend. (gives Sue a hug)

Frack seemed confused at times (so did I…legal jargon makes my brain kerplunk). Gah…I think I may have to listen to the episode again.

Posted by mollywobbles23 on April 21, 2008 @ 02:30 AM
mollywobbles23

Sorry for the triple post.

@Ginevra:

There’s a difference between “income” and “profit.” They are not one in the same. Profit is what is left over before costs; income is what one has before costs. So, keeping up the website probably ate most of the income, if not all of it.

Posted by mollywobbles23 on April 21, 2008 @ 02:40 AM
tasket

Like most posters here, I want to thank the quartet (quintet today) for their coverage of this subject. I can get “impartial” reports of the trial anywhere, but prefer to hear from those who are part of the fandom like myself and especially from people I respect like TLC who were personally touched by these events. I myself wanted to reserve judgment of SVA because I enjoyed his participation in canon conundrums, but I think JKR has every right to try and protect her creation just as SVA protects his website. If indeed he was forced into this lawsuit, how sad.

I understand Sue and Melissa’s reluctance to comment but appreciate John’s outspoken tone – I think he says what everyone is feeling. I also like knowing that celebrity encounters don’t hinder John’s natural exuberance and utter goofiness… its shows just what a genuine person he is.

Posted by tasket on April 21, 2008 @ 12:40 PM
Agrippa1

Excellent podcast to help get us up to speed on what happened at the trial, and you guys did a great job of lightening the grim proceedings with your humor (“Mr. Hammer” and “Troll in the dungeon!” and playing with Jo’s charm bracelet + Harry Potter Monopoly). Thanks so much for conveying so eloquently the magic of the fandom and the poignancy of betraying that fan trust.

You mentioned that the judge’s comment about a settlement on Day 2 surprised you, and also that the case would probably be appealed no matter who won. I have been (unfortunately) involved in several complicated legal cases, so I’ve seen motions and judge’s comments firsthand, and my guess is that the judge urged the parties to reach a settlement before the case ever came to trial, and the lawyers and parties were either unable or unwilling to. Judges get peeved when the parties do not take judicial recommendations to heart. Yet it is the parties’ right to go to trial, so the judge cannot force them to reach a settlement before the trial – but the judge can certainly reiterate that recommendation during the trial.

This is an important point for two reasons – first, a settlement cannot be appealed, because both parties agree to it. Second (and a behind the scenes thing we don’t know and may never know), if the judge recommends the parties reach a settlement, and one side tries hard but the other side balks, the judge will be predisposed to lean on the side of the party that was willing to reach a reasonable settlement if the case does come to court. That could affect the verdict.

All that is just legal background. My heart definitely leans on the side of Jo’s (and Dumbledore’s) urging to “make a choice between what is right and what is easy” (Goblet, Am. ed., p.724). It is right to credit your sources, and it is right to only make money off of your own thoughts and your own words. I am a writer who has published 30 books, some of them nonfiction for young readers, and I always cite my sources and craft my books to reflect my feelings about my research, not just other people’s words. Steve could have done this, but chose not to. He chose to do what was easy, not what was right, under fair use copyright restrictions, and I believe that RDR will and should lose unless they make a settlement that allows them to revise the book to include much more of Steve’s own words and thoughts, and rigorous citation of all quotes from Jo’s books. Jo’s charges protect the work of every writer, and she deserves to win.

And I hope the fandom can go back to enjoying Harry Potter once the case is settled. Thanks so much for leading us in that direction, Sue, Melissa, John, and Frack.

Posted by Agrippa1 on April 21, 2008 @ 01:46 PM
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