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Cleolinda Jones ([info]cleolinda) wrote in [info]fandom_wank,
@ 2007-11-06 17:41:00


Previous Entry  Add to memories!  Tell a Friend!  Next Entry
Entry tags:entitlement, fandom: harry potter, i see stupid people, internet lawyers, plagiarism, this is the wank that never ends

"Well, unless you find lawyers sinister"
I really apologize for this--it really is starting to get ridiculous, the number of entries. If people are really, truly sick of Lexicon wank or want to boot it into the Cornfield, let me know.

In case you missed, uh, ETAs 6-8:

RDR spokesman writes to the Terminus 2008 staff.

A PDF file of the actual filed complaint.

elanor_isolda counters several of the allegations. ([info]sententia brings up an interesting point re: Elanor's entry: "Taking the Lexicon completely out of the equation, Warners/Rowling thought that the material was obviously fine when it was published (word for word) by someone else [the plagiarism alleged by Elanor regarding another book on Amazon] otherwise they would have sued them/served them with a C&C order, so why should they sue when Steve uses those exact same words? I find that bit a little weird.")

New: SVA updates the the Lexicon's What's New page. "NOTE: I know that many people (waves to the JournalFen crowd) are seeing conspiracy here with the comments gone, but to be frank, it’s nothing sinister. Well, unless you find lawyers sinister." I'm not going to make the obvious joke on that one.

WatchThatPage tells me that something's different about the RDR Books Lexicon page, and it cites this section:



Can anyone tell if any of it is really different, in the interest of equal time?

Note: So many fan reactions are following the Snacky Template that I don't intend to link to anymore unless there's something really spectacular. That said, you can always discuss anything you find in the comments.

ETA: Since it's just not HP wank without accusations of plagiarism, the Hannah Abbott entries she mentioned are very interesting compared side-by-side.



ETA within an ETA: (A spot-check comparison of four random entries.)

ETA 2: From [info]white_serpent: Why the Great Timeline Duplicated Date Error may not be all that airtight a piece of evidence.

ETA 3: Remember what I said about no more fan reaction links? Well... from [info]narcissam: "We are declaring today Steve Vander Ark Day, November 1 - All Saints Day."

Also, a nonnymouse just left me a comment: http://www.stevevanderarkfans.com. Interestingly, it predates this whole saga by a good three months at least.

ETA 4: Another mouse: "The judge in the case says RDR Books has to come before the court on November 19. Also includes some of the info from the Lexicon that they plan to use in court." Barring a settlement (which is where I'm laying my money. Uh. So to speak), that's a while for y'all to wait.

ETA 5: The RDR Books page has changed again: (See new material only here.)

By now the story of the J.K. Rowling/ Warner Bros. Halloween lawsuit aimed at Steve Vander Ark's Harry Potter Lexicon has become news from Shanghai to South Bend. More than 1,000 stories in newspapers, on wire services, television and radio have brought this David and Voldemort battle to the readers of the New York Times, MTV and the International Herald Tribune. Determined to publish this book for the benefit of Harry Potter fans everywhere, RDR Books believes Ms. Rowling who has championed the Lexicon for years will love reading the book just as much as she does the website on which it is based. While waiting for the book to come out here is interesting background on this extraordinary case that has captured the attention of readers everywhere.... Here is a good summary of the legal issues at stake in the case by a respected California digital and print copyright expert. It is reprinted with permission from Mayitpleasethecourt.com."
Key sentences from that: "You see, the Harry Potter Lexicon has been published before - on the Internet. [...] There isn't a difference between a copyright on the Internet and a copyright in books." Note: the blogger seems to ignore the issue of profit.

ETA 6: Accept no substitutes! Plus, a new filk. That said, I am determined to stay on this one entry unless/until something earth-shattering happens or we hit ETA 20.

ETA 7: From [info]narcissam: "Yes, I want to be THE source for all this stuff, I admit it." Not really interesting in a legal sense; more of a psychological one: "I have to admit too that part of me was worried because the [Beacham encyclopedia] is, in some sense, competition to my Lexicon website, so to be fair, I WANTED to find errors. Hey, I wanna win." Also: An insight into why the Lexicon might not want to settle, and evidence of a curious change of heart between 2000 and now:
The publishers of the Beacham book were sued by Scholastic etc but it failed to stop the book going to press. I don't want to offend anyone or cause problems, especially with Jo. I would love to have her give her blessing to such a project (I have these fond little daydreams of getting email from her one day saying she liked the Lexicon and offering suggestions). But without her permission, I won't publish it in any form except online. She's entitled to that market, not me and not the Beacham author. I'm just filling in until she gets time to do it (or wants to hire me to do it for her! Now THERE'S a thought!!!)
Bonus: Annotate the series itself?

Also: Moar filks.

ETA 8: From elanor: WB has now seen the book? Is it possible after all "to settle this case to Ms. Rowling's satisfaction and publish the book" [my emphasis]?

ETA 9: From TLC: Update on JKR/WB vs. RDR Books Case: "The day before last, a court ordered RDR to hand a copy of the manuscript to J.K. Rowling's lawyers, and one was delivered, according to those lawyers. JKR/WB are seeking a preliminary injunction (source here) to the sale of the book, and have not apparently been deterred by viewing the manuscript. RDR has also made claims on their web site that they have "repeatedly offer[ed] to settle this case to Ms. Rowling's satisfaction and publish the book," requests which apparently have not been agreed upon. TLC has asked RDR what the settlement was and has not been met with a response."

ETA 10: Praetorianguard has posted another analysis. I recommend reading the comments as well. Also, an interesting point regarding the book alleged to have plagiarized the Lexicon (see Hannah Abbott screencap above):
Anon 1: I've read about this book, the author has a web blog somewhere and talked about her experience with JK and her lawyers about publishing the A-Z book. She said "it made her blood boil that this billionaire sent a C&D letter to her book which is not gonna make much money anyway". She tried to fight it off with her own lawyers but eventually backed down and allowed JK's representatives to edit it, which included the "Unofficial" in the title as well as a disclaimer.

Anon 2: I think this is the key quote taken from the Leaky Cauldron's interview with WB: "WB claims to spend hundreds of hours vetting dozens of these types of books each year, and only goes to court (as in the case of Tanya Grotter) when the authors are not willing to make the necessary modifications." As long as you work with them, they don't sue you. That's why there are books like the aforementioned one out there.


ETA 11: Another anonycomment: Apparently when RDR (allegedly?) said "Print out the website," WB took them at their word.


(Read comments) - (Post a new comment)

More From the Archives - Accept NO Substitutes!
[info]narcissam
2007-11-07 08:17 pm UTC (link)
I didn't look this up. [info]sheep and [info]mrs_bombadil did. From HPFGU (Harry Potter for Grownups. You have to register to view, but registration is open to anyone.)

Wednesday August 30, 2000: Post by Steve Vander Ark here.

She said in one interview that she was considering writing a
companion volume after the series was finished and that fans
should "accept no substitutes." Her own companion book will be
incredible, and you're right that it's the only one that will have
ALL the facts. In the meantime, since we have several years at least
to wait, I'll keep adding all those delicious details to the Lexicon.
(http:www.i2k.com/~svderark/lexicon).


Screencap of post courtesy of [info]sheep

And from the very interview he's referring to.

UKMCLive: Elphaba99 asks...Do you feel that with the incredible success of the Harry Potter series thus far, that you will be able to end the series with just seven books?

JKR Live: Yep, definitely. I always said there would be seven if there's ever an eighth, it will be because ten years down the line I had a burning desire to do just one more, but I don't presently think that will happen, However, I think I might write a kind of Harry Potter Encyclopaedia & give the royalties to charity so ACCEPT NO SUBSTITUTES!

(Reply to this)(Thread)

Re: More From the Archives - Accept NO Substitutes!
[info]emiweebee
2007-11-07 08:21 pm UTC (link)
I only hope that JKR's lawyers are somehow getting all these comments as well. Nothing says losing a lawsuit like your own words contradicting your actions.

(Reply to this)(Parent)(Thread)

Re: More From the Archives - Accept NO Substitutes!
[info]narcissam
2007-11-07 08:46 pm UTC (link)
I don't know if it makes any legal difference, since ignorance of the law isn't an excuse. But I think that the whole history demonstrates the amount of bad faith Vander Ark has been showing, and exactly why I doubt JKR and her people will show any mercy on him. He can't claim to be clueless.

(Reply to this)(Parent)(Thread)

Re: More From the Archives - Accept NO Substitutes!
[info]cleolinda
2007-11-07 08:52 pm UTC (link)
I think I'm bringing in all kinds of half-misunderstood criminal-court terminology into this, but I keep thinking of it in terms of motive and plausible denial (which he doesn't have) and things like that. There's ample evidence that he knew what he was doing was wrong and/or illegal, except that he seemed determined to believe that it would be okay if HE did it, because he's a super-special snowflake "superfan."

(Reply to this)(Parent)

Re: More From the Archives - Accept NO Substitutes!
[info]cleolinda
2007-11-07 08:50 pm UTC (link)
Well, that's why I loved the Jessica/Matt email so much. "Don't publish an encyclopedia! That's totally illegal and her lawyers will eat you alive!" *shifty look*

(Reply to this)(Parent)

Re: More From the Archives - Accept NO Substitutes!
[info]lidane
2007-11-07 08:52 pm UTC (link)
Maybe someone should send them links to all of the posts here on F_W.

At the very least, they'd enjoy the fliks ;)

(Reply to this)(Parent)(Thread)

Re: More From the Archives - Accept NO Substitutes!
[info]lidane
2007-11-07 08:54 pm UTC (link)
*facepalm*

I really need more caffeine. Typos FTL.

(Reply to this)(Parent)

Re: More From the Archives - Accept NO Substitutes!
[info]cleolinda
2007-11-07 08:55 pm UTC (link)
I don't want to get all Fandom Police about it, though. That said, I wouldn't be surprised if some lurker already had.

(Reply to this)(Parent)(Thread)

Re: More From the Archives - Accept NO Substitutes!
[info]emiweebee
2007-11-07 09:47 pm UTC (link)
The Fandom Police thing is something I find very, very amusing. We insist that we aren't; and really, that's true - if we're going to be depended on to out every sockpuppet, pseuicide, and plagiarist all the fandom over, we should get a group of more dedicated, less inclined to laugh members.

On the other hand, I think an awful lot of us are closet academics who adore nothing if not research, and so once one tiny wank is posted, we are on the trail like terriers and it becomes a snowball.

/thoughts on yaoi /srs bzns

BTW, Cleo, you promised your last entry and damn the ETAs a few entries ago! LIAR!!! :D

(Reply to this)(Parent)(Thread)

Re: More From the Archives - Accept NO Substitutes!
[info]kerryblaze
2007-11-08 12:01 am UTC (link)
On the other hand, I think an awful lot of us are closet academics who adore nothing if not research...

Bingo! I'm an analyst. That's what I do. I can't stop doing it. I do it for a living. I do it for entertainment. And situations that surround wank or just too damn fun to pick apart!

(Reply to this)(Parent)

Re: More From the Archives - Accept NO Substitutes!
[info]cleolinda
2007-11-08 01:17 am UTC (link)
Heh... yeah.

I think the closet academic thing is probably true--shit, I spent way too many years not finishing grad school doing literary criticism until I couldn't stand it anymore. Which is why I've started trying to be a little more even-handed the last couple of entries, because it's very easy to get that terrier instinct going in search of a single line of inquiry ("OMG THEY ARE STUPID AND CRAZY!") instead of giving time to both sides. So I'm trying to keep an eye out for statements from RDR or SVA and posting fewer trivial "omg so stupid!" links, although if something's patently ridiculous on either side ("Why didn't you read the book we didn't give you?"), I'm not going to let that slide.

The problem is, then, once all this information has been amassed, people reading it go, "But if we know this, why shouldn't we pass it on to people who might find it useful?" Except not really that thoughtful--more like "OH BUSTED WB SHOULD SO HEAR ABOUT THIS." It's important to remember that we're really here to laugh at fannish absurdity, not try cases in fandom court that's a totally different community.

(Reply to this)(Parent)

Re: More From the Archives - Accept NO Substitutes!
[info]agent_hyatt
2007-11-07 11:01 pm UTC (link)
I like to think of it as less Fandom Police than Fandom Collector and Displayer of Dirty Laundry.

(Reply to this)(Parent)(Thread)

Re: More From the Archives - Accept NO Substitutes!
[info]tephra
2007-11-08 04:45 am UTC (link)
So... the fandom equivalent of the creepy guys that like to sniff worn panties?

(Reply to this)(Parent)

To Catch A Wanker
bigi
2007-11-08 09:29 am UTC (link)
For some reason that makes me think we're the fannish equivalent of "To Catch a Predator".

(Reply to this)(Parent)(Thread)

Re: To Catch A Wanker
[info]emiweebee
2007-11-08 04:20 pm UTC (link)
"So you thought it was appropriate to write, 'throbbing meat-stick'?"
"Heh...well...It's just the internet."
"I see. Well, I'm Chris Hansen, and I do a show called 'To Catch a Wanker'. You aren't actually meeting a screaming fan girl, you're meeting me, and I have your fic, chat transcripts, and flocked posts. I'd like to clear up a few things..."
"Um, can I leave?"
"...You can leave at any time." *wanker runs* "...of course, we just have a hive vagina waiting outside."

(Reply to this)(Parent)(Thread)

Re: To Catch A Wanker
[info]thecheese
2007-11-08 09:09 pm UTC (link)
This show would be so great. You totally need to pitch it (to Fox).

(Reply to this)(Parent)

Re: More From the Archives - Accept NO Substitutes!
[info]dorothy1901
2007-11-07 09:11 pm UTC (link)
So much icon love.

(Reply to this)(Parent)

Re: More From the Archives - Accept NO Substitutes!
[info]luckdragonfujur
2007-11-07 09:13 pm UTC (link)
Does this guy have any idea about how the intertubes work? Or does he think the archives have selective memory? Because, DUDE.

(Reply to this)(Parent)

Re: More From the Archives - Accept NO Substitutes!
[info]pantyless_angel
2007-11-07 10:15 pm UTC (link)
However, I think I might write a kind of Harry Potter Encyclopaedia & give the royalties to charity

Well that right there kills the "She just came up with the charity thing so she wouldn't look like the greedy bitch she is!" argument I've been seeing.

(Reply to this)(Parent)(Thread)

Re: More From the Archives - Accept NO Substitutes!
[info]littlest_lurker
2007-11-08 02:35 pm UTC (link)
Have...have people actually been making that argument? I mean, just when I think the fannish stupidity could get any worse...

(Reply to this)(Parent)(Thread)

Re: More From the Archives - Accept NO Substitutes!
[info]pantyless_angel
2007-11-08 06:38 pm UTC (link)
It was one of the first things I read in the comments on my f-list on LJ.
I don't know if people are still using it. I”m not link to the journal the comments were on because I really don't want to cause wank on the journal. A lot of the comments scream of but-hurt though.

(Reply to this)(Parent)


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