Sorry just read what happened. Glad you managed to save the document!
Jeeze, lengthy post.. read all of it though, and browsed through most of the pdf file(s).. great job reporting Kirstin!
Both sides have put forward strong arguments.. and in a sense I think they’re both right.. there’s no black and white answer in such a grey area.. on the one hand, yes, it’s JK’s work, and she should have final say. On the other hand, it would be a handy book to have.
After reading JK’s side’s report.. I have to say I think they’re going to win. Not by some huge margin by any means..
Now, if only RDR would get off their bum and provide their burden of proof for commentary.
they fail to see that by law, transformative work must mean it adds to the pre existing work that the book commentates on. they never in court or out pointed to a single example of commentary that would give the book any legitmate legal right to claim transformative.
I look forward to hearing the summery from the WB pdf. I am not feeling well today and I really dont have the time to sit down, and do hours of reading.
Excellent summary, Kristin! You deserve a medal for doing this :)
I concur: You did an excellent job of reporting and summarizing these documents, Kristin. I was very pleased with how neutral these were. Thank you. I am sorry you lost the posts but glad you saved the synopses.
I agree, thanks Kristen! Well done! I do have to say that I disagree with Dave’s post…I think the odds are in RDR’s favor.
Thanks for decoding all the legalize for us Kristin and for all the other posts you make concerning the trial. They really help us people who are trying to understand this whole thing out.
I was a little disappointed that neither side referenced Bleak House!
Although, Mr. Hammer’s Ulysses nod to the judge was pretty cute.
Thanks, guys. :) Part two just posted. Off to have a glass of wine to toast the End of the Day of Typing!
Has anyone else noticed this? RDR says as stated from the summary above: The Lexicon Draws On Outside Resources And Adds Insights To The Harry Potter Works, the document states that the Lexicon provides “a significant amount of original insight into the Harry Potter texts” by offering etymologies for approximately 200 words, which offer readres clues into the “histories, sources and allusions that underlie invented terms in the texts”.
And farther down into their document: The document states that the facts represented in the Lexicon “and many more are arranged in an A to Z listing consisting of roughly 2,400 entries.
JKR/WB from testimony day 3 starting at paragraph 600: Testimony given by the witness Jeri Johnson from Oxford (for JKR/WB) counted 403 entries “lifted” from JKR’s book out of a total of 2,437 entries.
So with this info, RDR apparently thinks that about 400 (increased to use the larger amount given by Ms. Johnson) of about 2,400 entries are considered “a significant amount of original insight…” Didn’t one of the lawyers that have been posting comments here on Leaky since trial started say that Fair use accepts 20% of original work? I may have this number wrong. SVR wrote a bit less than 20% which would imply based on testimony that over 80% is from JKR. The percentage is much worse if you use the 200 the RDR states.
From this fact alone JKR/WB should win. I know there is a lot more to this case. But this is a big fact to overlook. Even with SVR cutting out exactly quoted songs, poems, and overlapping FB entries that is not enough cut to increase his original work compared to JKR.
And although I can see the lexicon book being somewhat entertaining for people who have already read all 7 books, I think it would be horrible if someone were reading the books for the first time along with the lexicon (as suggested in RDR testimony day 3) and find out something from the Lexicon book that is coming up in either the current HP book they are reading or in a future one they haven’t gotten to yet. Not everyone reads all 7 HP books one right after another so I can see the point of having a reference guide. But it would be horrible if they had the lexicon book that explains who lives, who is good or evil, and who dies and when. I would hate to have a book (or a series of books) ruined for me like that. If anything, if RDR wins, RDR/SVA should put a giant spoiler alert on the cover as well cause the lexicon gives away to much information for the people who are reading the books for the first time.
jeez i’ve sick of all this drama!!! give us the verdict (hopefully on Jo’s side) and lets all move on with our lives! Sorry if I seem frustrated!