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JKR/WB vs. RDR Books Trial: Opinions

Companion Books
Posted by: Kristin
April 25, 2008, 10:05 PM

Several public figures have voiced their opinions on the JKR/WB vs. RDR Books court case:

Hugo and Nebula award-winning writer Orson Scott Card claims that J.K. Rowling’s “hypocrisy is so thick” that he “can hardly breathe”.

He goes on to say:

“Once you publish fiction, Ms. Rowling, anybody is free to write about it, to comment on it, and to quote liberally from it, as long as the source is cited.”

He predicts the outcome of the case:

“1. Publication of Lexicon will go on without any problem or prejudice, because it clearly falls within the copyright law’s provision for scholarly work, commentary and review.

2. Rowling will be forced to pay Steven Vander Ark’s legal fees, since her suit was utterly without merit from the start.

3. People who hear about this suit will have a sour taste in their mouth about Rowling from now on. Her Cinderella story once charmed us. Her greedy evil-witch behavior now disgusts us. And her next book will be perceived as the work of that evil witch.”

(EDITOR’S NOTE: With regard to Mr. Card’s statement that a published work of fiction may be written about or quoted “as long as the source is cited”, note that plaintiffs JKR/WB’s claim that the Lexicon book fails to properly quote or cite Ms. Rowling’s works. Exact testimony regarding such is available here in the trial transcripts).

Game show Jeopardy! wiz Ken Jennings writes about the trial on his blog in an entry entitled “Harry Potter and the Glossary of Doom”. He says:

“Books like The Harry Potter Lexicon are nothing new. When I was a kid, I had a bunch of unlicensed glossaries like these on my shelves: Robert Foster’s Complete Guide to Middle-Earth, Bjo Trimble’s Star Trek Concordance, etc. (Both of these books may later have been approved by their respective marketing empires, I’m not sure, but they were strictly fan-pub back then.) Even today, you can walk up to the TV/Movies shelf in a Barnes & Noble and find cash-in essay collections and reference works analyzing Lost, Firefly, The West Wing, and other hits. All these books profit by putting the Big Media Brand Name front and center on their covers–without the pop-culture teat, they wouldn’t sell a single copy. Profiteers, right, “Jo”? Burn them all!”

Jennings also notes:

”...the plagiarism claims are silly. Direct quotes from the books are rare, and are used only in epigrammatic fashion. Rowling may be referring to the fact that the Lexicon does faithfully describe facts and events from her series, and at length, but that’s an inevitable feature of any reference book. The literary references all look legitimate to me, as if due care has been taken to rephrase them away from Rowling’s language.”

On the subject of companion books, he says:

“In a free society, it’s good that people can talk and write freely about art. Good things come out of a society being able to talk and write freely about art–whether the artist likes it or not. Fan-published “derivative works” are a tiny legal niche, but they’re not an entirely unimportant one. Maybe you’re a Gilmore Girls fan who’d love to see an index annotating and explaining the show’s dense web of cultural references, or a U2 fan working on a complete concordance to their lyrics, or a Spider-Man fan with an issue-by-issue chronology of his Marvel Comics-owned “life” on your website. This stuff is going to keep disappearing if the legal precedents keep following the Twin Peaks and Castle Rock path.”

(EDITOR’S NOTE: With regard to Mr. Jennings’ statement that literary references are legitimate if “due care has been taken to rephrase them away from Rowling’s language”, note plaintiffs JKR/WB’s claim that the Lexicon book too frequently uses JKR’s exact language. Exact testimony regarding such is available here in the trial transcripts).

Finally, author Neil Gaiman follows up on his post from the 19th regarding the trial and fair use with two additional entries:

On the 24th, Mr. Gaiman’s clarifies fair use for a reader of his blog with:

“As far as I can see it’s only about a couple of really grey areas of copyright law—I suspect, and I am SO not a lawyer, that it will come down to whether or not what Mr Vander Ark had done to Ms Rowling’s work in his Lexicon was sufficiently “transformative” as to render it a new work.”

He offers as an example:

“If someone did a website in which everything in Sandman is listed in alphabetical order, as a concordance or lexicon… whether or not I was going to do one doesn’t matter. Whether or not someone else is making money off my work and words and ideas doesn’t matter. Whether it’s a good lexicon or a bad lexicon doesn’t matter. Whether it quotes me extensively may or may not matter (how extensively I’m quoted is a matter of Fair Use, but paraphrase me and you are home and dry on that count). What matters is whether it sufficiently transforms what I’ve done into something else by taking those entries and putting them into alphabetical order. “

Today, Mr. Gaiman writes a follow up on copyright, in which he posts a letter sent to him by one of his readers, a lawyer who co-authored a paper on fair use for the Journal of the Copyright Society of the United States. Leaky readers may find the letter informative.

Thanks as always to our readers who have emailed or posted links to articles or editorials on the trial.

Complete Leaky trial coverage can be found here.

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Comments (397) | Average 3.2 (259 votes) Browse all Recent Companion Books News
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Confederate Lady

I have not read ALL the comments. I don’t think it’s really necessary. Yes, I’m sure that there are “fine points” for ether side…HOWEVER: than you, first of all, to Kristin, for setting the record straight, right off. And for shauna for reiterating the fact that #1, first and formost…there WERE “little or no citations” in SVA’s work…and THAT’S the crux of JKR/WB’s case. Also, I aplaud davidenglish, for pointing out facts concerning other works. I also followed Star Trek…if anyone cares to notice, the Start Trek Concordance was publish BY BiJo Trimble and Coprighted to Paramount. Unlike SVA, they went about it the RIGHT way. No, Nunki. You don’t want to “go to Mr Card’s Blog” and “leave him a nasty comment so I can get banned”. I, myself, would find it a waste of time, energy and effort. Yes. it would be a “high honour to be banned from such a website.” It’s not worth it to give creedance to his saddly uninformed opinions. JMHO, guys. [and girls] nothing more…

Posted by Confederate Lady on April 26, 2008 @ 08:37 AM
Belsito

Quote from ‘aloyalsheep’ above,

“God should be thanking Jo himself for putting these perfect books on the earth for we low, unworthy people to read.”

“Low and unworthy” that sums you up perfectly my friend. What’s the point of spilling your vitriol all over a Harry Potter site? Are you hoping that we will suddenly turn against her because of your venomous attack on her? Most of us are not the gullible idiots you take us for. Every one has the right to guard their property, whether it is their house, car or intellect. I happen to think that making money off someone’s hard work is morally wrong. A lot of other posters here also seem to agree – it doesn’t make us Jo’s minions.

I am willing to let the courts decide the legalities of the case. The judge may decide to rule in favour of RDR books but he cannot make people actually buy the book. I, for one, will not be buying it – so, even if they win the case, they have lost it in my case, because I’m not going to be giving them any of my money. I’m sure millions more will be doing the same.

As for this Card fellow, I really don’t know what he thought he would achieve by this personal attack on Ms Rowling. If this isn’t a case of ill-disguised jealousy, I don’t know what it can be. Does it sound like anything else? No, it doesn’t. Jo’s philanthropic works guard her from the ‘greedy witch’ label he tried to vilify her with.

I will wait patiently until the ‘Scottish Book’ is published. In the meantime, there are thousands of good books to read out there, although from now on a certain author (or two) will not be getting any of my money.

Posted by Belsito on April 26, 2008 @ 08:43 AM
M Jones

I am not being wise after the event but I said all along that Jo would suffer because of this very ill advised attempt to restrain the publication of tis book. It was using a sledgehammer to crack a nut, and she should have been better advised.

Posted by M Jones on April 26, 2008 @ 08:53 AM
KristinTLC

Editor’s note: Someone asked why we included Mr. Card’s comments in our trial coverage. In the past, he has expressed himself to be an enthusiastic fan of the series, and has written about Harry Potter in his blog on multiple occasions (Google for past Leaky posts). He is an influential, successful writer – his Ender’s Game series won both Hugo and Nebula awards, and are highly regarded by a many readers and critics.

Posted by KristinTLC on April 26, 2008 @ 08:54 AM
NotTheHBP

Guys, Mr. Card is completely braindead about literature if he thinks he created the hero’s quest, fantasy, and the idea of a orphan with a destiny. these themes predate his career as a writer, and his very existance. so pigheaded of him to claim owernship of genre conventions. honestly, the authruian retellings by T.H. White… woah… card should sue his corpse for having a orphaned boy if i remeber correctly who is abused and misused have a destiny to rise up above his upbringing and become someone important. how dare other writers premeptively useing the same genre conventions Mr. card eventually used in his books…. HOW DARE THEY!!!

its easy to make people like they look the fool, they do all the hard work when they go out and attack people by claiming that they are the god of literature and anyone who dose anything similer, even though hundreds of writers that predate them have used similer conventions and themes, is in the wrong.

Posted by NotTheHBP on April 26, 2008 @ 08:57 AM
Hermione's Mom

I guess I just really am being silly, but does anyone else remember from English and Journalism classes a couple little things called quotation marks? Isn’t “citing your source” what this whole thing is really about—and the fact that the SVA book doesn’t do that properly? And how many times has Jo said that if they would rework that aspect of the publication she would give it her blessing? And I’m getting very, very tired of people standing on their soapboxes screaming about how evil Jo is because she happens to be successful and wealthy. Besides defending her own hard work and that of other authors, she’s defending the charity for whom she intends to send the proceeds from her “Scottish Book.” The charitable aspect of her goals seems to have been lost here. I guess that’s what happens when you spout off without doing your research.

Posted by Hermione's Mom on April 26, 2008 @ 09:19 AM
Arielle

Oh yeah, I know someone brought this up before, but another thing that is very obnoxious of him is his, “evil witch,” comments, because not only are they the stuff of five year olds, but they are very, very, sexist. He wouldn’t have called Jo an evil witch if she was a guy, and he probably wouldn’t have made a stink about the case at all. The way he puts it, the moment a female author tries to stand up for herself and her work, she’s a nasty evil person. If, hypothetically, a well known guy author did the same thing, he would be protecting his rights. But lets say tomarrow, Mr. Card, that someone takes your Ender books, rearragges some names, publishes it as an encyclopedia, and makes money off of your work, then we will see who’s talking.

Posted by Arielle on April 26, 2008 @ 09:23 AM
Anthony

Orson Scott Card is a bitter bitter man. It’s pretty sad but you can see right through his comments and tell he’s extremely jealous of the money Jo’s made. I read Ender’s game and while the story had substance his writing style was so damn dry! When someone copies 91% of your book WORD FOR WORD and publishes it then come talk to us!

Posted by Anthony on April 26, 2008 @ 09:27 AM
DorisCrockford

I appreciate that Leaky posted this story as part of their comprehensive coverage of the trial, but why did the editors of the Rhino Times (reallly???) feel Mr Card was a good person to write his article? His opinion doesn’t matter. Let’s hear from the lawyers, judges, etc.

And it is all very well for Mr Card and Mr Gaiman to say “tribute books exist; deal with it”, but as we know the argument here is that Mr Vander Ark DID NOT cite his sources or add new material. This makes me wonder: How would Mr Card and Mr Gaiman react to someone saying: “We are re-printing all of your books under another title, and oh, we’re giving all the money to someone else.”

Posted by DorisCrockford on April 26, 2008 @ 09:29 AM
Prenz

Most of these people just sound a teensy-weensy bit bitter about Jo and her success. Just wait till one of their books is embroiled in a case like this,then let’s see what they have to say…

Posted by Prenz on April 26, 2008 @ 09:33 AM
Ethan

Orson Scott , You are a moron for supporting that poorly sited book of Lexicon’s. You are ALSO some things I can’t write here!

Posted by Ethan on April 26, 2008 @ 09:35 AM
Ilzairspar

Mr. Gaimen and Mr. Card really need to get a better understanding of the case before saying such things. It makes them look stupid and foolish otherwise. I’ve never read Mr. Card’s words, however I am quiet a fan of Mr. Gaimen’s works. I find it amusing and surprising that he is siding with SVA. Then again, he did have issues with WB awhile back. I’m not 100% sure, but I believe he had to sue them for using characters he created without his permission. I haven’t payed much attention to that case in awhile so I could be wrong. However there might be some, bitterness there.

Posted by Ilzairspar on April 26, 2008 @ 09:39 AM
meera

It does seem like they are slightly jealous of Jo which may be a misinterpretation on my side but calling someone an ’’evil witch’’ seems rather childish.

Posted by meera on April 26, 2008 @ 09:41 AM
Andrew

What I don’t get is the amount of misinformation that is out there about the trial. It is amazing to me how many people think that Steve is the one on trial, when that isn’t the case. He was a witness. . . This and other facts are skewed and then people like Mr Card take these misinformed facts as truth. Gotta love the mainstream media sometimes.

Posted by Andrew on April 26, 2008 @ 09:44 AM
Rich S

How about if he changed the title? Something like “HP Lexicon-My Opinion”?He can even state the old word “UNAUTHORIZED” .Joe is a gazillionare and I am sure she could come to some agreement. I didn’t see her attack all the many web sites( L.C. included) that gave her publicity through the years. I guess when you have tons of $$ you can battle with whomever you want. I find it hard to believe that Steve’s intention from the first words of HP were ” I am going to make a fortune off of this!” Just my two “sickles” worth. I read that in HP….I hope I don’t sued.LOL

Posted by Rich S on April 26, 2008 @ 09:46 AM
Rich S

I guess I was also taken in by the media…

Posted by Rich S on April 26, 2008 @ 09:49 AM
Zhiyal

I just wanted to add some praise for all those truly considerate people here who actually took the effort to read the broad coverage, to deal with the details, even read the court documents before offering an opinion. You, folks, are much more responsible writers than several of the self-acclaimed authors who felt they had to stab JKR in the back for trying to protect every (!) individual’s rights to her or his intellectual property.

Personally, I also felt extremely uncomfortable when I came across the sexist insults some of JKR’s fellow writers used to denounce her appeal. After all, even if they feel that they wouldn’t mind when somebody else were scanning their books in order to re-publish their contents to make a quick buck, why not concede her the right not to embrace plagiarism (as they claim they would?)? Wait, this is probably what this is all about: Has somebody ever tried to publish an unofficial “reference book” to Scott’s works, or is he not popular enough?

Posted by Zhiyal on April 26, 2008 @ 09:57 AM
ginnymalfoy

I agree. How is all this stuff OK on the web and then it gets in print and JKR has a problem with it? Anyone read the article on msnbc about it? It referred to the websites as being ‘invisible horse thingys’ like in her books. You cant see them til they’re in print? It was pretty funny.

Posted by ginnymalfoy on April 26, 2008 @ 09:58 AM
Alix

Wow. And the thing is, I love Ender’s Game, Card’s signature novel.

Posted by Alix on April 26, 2008 @ 10:02 AM
Wizengamut

You know, I actually faced this kind of situation in real life a couple of years ago. I sat on a board of directors for an organization and according to outside individuals we weren’t doing enough for the organization and it’s direction. Our choices were called into question and were increasingly under the gun by employees. A newcomer to our board on his very first sitting started bashing us all for our inaction etc. Everyone else was shocked at such a diatribe from this person but I wasn’t about to let sleeping dogs lie. I told this man what had really gone on, that the very people who he thought he was defending were actually the root cause of the problem. After some heated argument and some swift explanations, this man quickly saw the error of his ways and became a true supporter of the board. It is the same as these people with their opinions. They have been sold a bill of goods in the media etc., have only a rudimentary understanding of the issues, and are coming out swinging. It is up to us, the fans, who have been sitting in this crap and know every nuance of the case from start to finish to set this people right. I do encourage everyone to hang in there, and know that it will all come out in the wash in the end.

Posted by Wizengamut on April 26, 2008 @ 10:07 AM
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