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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)

Re: Say what?
[info]cleolinda
2007-11-08 09:51 am UTC (link)
All's I know is, I could fit about 225 words on college-rule paper when I was in school.

As for the other, I honestly can't tell one teal deer from another at this point; I don't have comparative versions saved. But the no-communication thing has been alleged on both sides, and we're pretty much at a he said/she said stalemate as far as that goes. I will note one thing, though:

to settle this case to Ms. Rowling's satisfaction and publish the book

I'm not sure both of these are possible. It may also be that WB won't--or can't--discuss a settlement until they see the book. It may be easy to say "they won't settle" when the fact is, they can't UNTIL THEY SEE THE BOOK.

(Reply to this)(Parent)(Thread)

Re: Say what?
[info]danceswithelvis
2007-11-08 09:57 am UTC (link)
You deserve a paid vacation after this, ya know? Lord, I'd have gone on a bender by now. How do you do it? What are your super powers? I must know! (You've truly more stamina than I do.)

(Reply to this)(Parent)(Thread)

Re: Say what?
[info]cleolinda
2007-11-08 10:08 am UTC (link)
Heh, not much, really--I read comment notifications, and I'm so used to skimming a million billion blogs on Google Reader for linkspam on my LJ that it's really not all that bad. You just have to stay on top of the comments so you don't end up working through 200 at a time.

That said, I'm relieved that things have gone quiet for the moment.

(Reply to this)(Parent)

(Deleted post)
Re: Say what?
[info]wolfsamurai
2007-11-08 11:51 am UTC (link)
And people here have any reason to believe you over the people saying they haven't seen jack...why? As Cleolinda said quite clearly there, it's a he-said, she-said situation and there's been no compelling evidence that you're telling the truth any more than they are.

(Reply to this)(Parent)(Thread)

(Deleted post)
Re: Say what?
[info]jujubee
2007-11-08 03:37 pm UTC (link)
Where did you learn this?

(Reply to this)(Parent)(Thread)

Re: Say what?
[info]cleolinda
2007-11-08 06:35 pm UTC (link)
She's close to Steve, as I understand it; she would know.

(Reply to this)(Parent)(Thread)

Re: Say what? - [info]tofuknight, 2007-11-09 12:32 am UTC
Re: Say what? - [info]cleolinda, 2007-11-09 01:20 am UTC
Re: Say what?
[info]emiweebee
2007-11-08 04:03 pm UTC (link)
Hey, FW is equal-opportunity. It's not the definitive site for the most up to date info because no one has provided anything from the other side other than speculation.

If you've got info that can be shared (ie, not currently witheld for legal reasons), I'm sure we'd be glad to have it.

(Reply to this)(Parent)(Thread)

(Deleted post)
Re: Say what?
[info]melyanna
2007-11-08 05:27 pm UTC (link)
Given the wildly hysterical and/or contradictory statements RDR has made, it's not unreasonable for us to think that claiming to have offered a settlement is just more bluster from them. That page on the Lexicon hasn't exactly been what I'd call a reliable source.

I'll agree with you that there are two sides to every story and we're hearing a lot more from one side than the other, but right now that side is RDR. JKR/WB are behaving far more professionally about the matter by not talking that much. Both sides may have legitimate points and this may just be a huge misunderstanding, but right now RDR looks bad. I'm afraid Steve isn't looking much better since his lecture agent is acting as though the book is still going to be published when there's a legal halt on that process. I realize none of this is actually Steve, but they're acting on his behalf. It's really not helping his image.

I do think Steve will be allowed to publish something – something with more critical content and definitely something with different covers and the word "unofficial" prominently appearing. But I wonder if Steve is aware of how bad this case could be for fandom if it goes to trial. His statement the other day about the online version being no different than the print version is scary. He's basically alleging that since JKR didn't protect her trademark against dilution by shutting down his non-profit website, he has the right to publish this book from which he could potentially make money. If a judge were to rule that that's true (which I highly, highly doubt, but let's just say it could happen), lawyers all over the entertainment industry are likely to freak out and send C&D letters to fan sites in every fandom imaginable to protect their clients' trademarks. It would be a disaster for fandom.

As for FW twisting things, well, we've not really had to twist things to mock people here. Not with RDR making comparisons to Hiroshima and people coming forward with emails from Steve where he told them they'd never get an encyclopedia published because of legal reasons. And I don't think anyone ever claimed FW was the definitive source of information. That's just silly.

(Reply to this)(Parent)(Thread)

(Deleted post)
Re: Say what? - [info]snacky, 2007-11-08 06:28 pm UTC

(Deleted post)
Re: Say what? - [info]snacky, 2007-11-08 06:58 pm UTC
Re: Say what? - [info]mistressrenet, 2007-11-08 07:08 pm UTC
Re: Say what? - [info]wolfsamurai, 2007-11-08 07:55 pm UTC
Re: Say what? - [info]phosfate, 2007-11-08 08:44 pm UTC
Re: Say what? - [info]snacky, 2007-11-08 11:07 pm UTC
Re: Say what? - [info]phosfate, 2007-11-08 11:18 pm UTC
Re: Say what? - [info]kerryblaze, 2007-11-09 12:34 am UTC
Re: Say what? - [info]tofuknight, 2007-11-09 12:39 am UTC
Re: Say what? - [info]wolfsamurai, 2007-11-09 01:23 am UTC
Re: Say what? - [info]evilsqueakers, 2007-11-09 11:15 pm UTC
Re: Say what?
[info]cleolinda
2007-11-08 07:06 pm UTC (link)
I have offered to talk about the stuff I can say off-the-record, but if that's not wanted then there's little I can do. I'm very wary of putting too much in writing, because I've seen how talented you people* are at twisting "Nice weather we're having" into blasphemous insults against your mothers.

You seem smart and like you've got a good head on your shoulders. That's not leading up to a "but" or a put-down or anything; I really think that, generally based on your LJ entry and your comments. And as much as there are things I'd like to ask, I think your first instinct is right: you probably shouldn't talk to us, for legal reasons if nothing else. I mean, in terms of telling us vital new information or whatever. You're obviously free to comment here. I'm just thinking in terms of Murphy's Law, though. I can tell you that there's at least honor enough among thieves here that if you told me something and asked me not to repeat it, I wouldn't--and that's almost why I wouldn't want you to tell me in the first place. I wouldn't want that temptation, and I'd hate to say, "Yes, tell us more!" when I know in my heart of hearts that it's the last thing you'd want to do (even though FW will probably kick me for saying it). I'm more than happy to stick to the Hiroshimas and the mixed metaphors and the insane fan reactions.

It's tempting to want to set people straight, and when you have tried, I've been sure to link to it. I did pick up what you said about the Hannah Abbott thing, and which I checked out myself, and while other spot checks revealed varying degrees of originality/rewording, you were right about that. I also made sure to link to what you said about the book and the settlement here, because if that's true then that's an assumption we need to stop making. As ridiculous as some of this has been, that's kind of why I jumped on being the poster of record when it started up, because even when the first news story came out I knew this was going to get complicated and ugly. I thought, I organize things pretty well, maybe I should be the one to get in there and make sure it doesn't get any more complicated than it already is. This isn't Fandom Court, but at the same time, it ought to be evenhanded. And there's some fandom gossip I declined to post because it just seemed out of bounds, but I don't know that another poster would have made the same call. That kind of thing. The anti-Ginny thing, in retrospect, that didn't have anything to do with it either; I haven't always lived up to that first good impulse. Again: I'm human; don't trust me (or us) instead of your lawyers.

I will say, though, that when RDR Books makes one claim regarding communicativeness and WB makes the opposite claim, we pretty much can't tell who to believe. But when RDR starts talking about police states and Nagasaki and, in essence, You Can't Assume What's in the Book So Why Didn't You Just Read the Website That's Not Exactly the Book or Maybe It Is, it becomes harder to believe that they're the ones telling the truth. You don't have to speak to that; I'm just saying, that's where a lot of this is coming from.

(Reply to this)(Parent)(Thread)

Re: Say what?
[info]miraba
2007-11-08 07:50 pm UTC (link)
I agree with your last paragraph so damn much.

(Reply to this)(Parent)

(Deleted post)
(no subject) - [info]kijikun, 2007-11-08 08:05 pm UTC
Re: Say what?
iwanttobeasleep
2007-11-08 09:42 pm UTC (link)
In addition to all the reasons in your last paragraph, we've got more reason to trust what the WB is saying because they wrote it all up in a legal document, which pretty much has to be verifiable, documented truth, whereas what RDR and Steve are saying is about the equivalent to a blog post.

(Reply to this)(Parent)

Re: Say what?
[info]redcoast
2007-11-08 10:46 pm UTC (link)
I'm glad that you said this to elanor, because she has some very good points - particularly about this becoming about character assassination of Steve. (Like he's a Harmonian [what?] or crazy for disliking the generally disliked epilogue.) It seems that the denizens of F_W are jumping to conclusions based on false facts, exaggerations, along with some confusion over copyright law, and while I don't really expect (or wish for) anything different from the masses, I did expect more from you.

(Reply to this)(Parent)(Thread)

Re: Say what? - [info]snacky, 2007-11-08 11:06 pm UTC
Re: Say what? - [info]phosfate, 2007-11-08 11:17 pm UTC
Re: Say what? - [info]tehrin, 2007-11-09 05:10 am UTC
Re: Say what? - [info]phosfate, 2007-11-09 04:22 pm UTC
Re: Say what? - [info]missdaisy, 2007-11-09 08:26 pm UTC
Re: Say what? - [info]tofuknight, 2007-11-09 12:45 am UTC
Re: Say what? - [info]cleolinda, 2007-11-09 01:02 am UTC
Re: Say what? - [info]mrbimble, 2007-11-09 06:21 am UTC
Re: Say what? - [info]mercutia, 2007-11-10 04:46 am UTC
Re: Say what?
[info]emiweebee
2007-11-08 07:18 pm UTC (link)
I don't think that the things that are coming out twisted are necessarily done so maliciously. For instance, this issue with the settlement. FW moves fast, but not that fast, and we're largely still operating from the perspective of JKR saying "Nope, no settlements yet" and then RDR, who are a bit...suspect...saying "NUH UH". And it's extremely unfortunate for you, because you know what has been done, but you cannot necessarily legally say something, which might come across worse. "You guys are out of the loop. This has been discussed. But...it was in the Legal Cone of Silence, so take my word for it." It's not necessarily that no one wants to believe you, but you must admit your word might not, necessarily, be the most trustworthy, if only for your direct involvement.

And let me just say, this must be awful for you. You're not directly involved, but you have been made to be involved. People close to you are directly involved. Legal issues, aside from being scary, are also hellish because there are defenses you cannot offer - it could hurt your case.

I guess - personally, I feel like - I would like to hear what you are allowed to say, but it might not help clear anything up. If you can say something like, there were settlements offered, but I can't talk about it - it might as well not have been said. Most people here are going to go for things that can be verified.

And I don't think that's FW twisting words around (a common accusation :D), it's just...if you weren't directly involved in this, and could only operate on what information we have found, and with a skeptical eye - the conclusions are not far-fetched.

Except for, you know, Steve being a House Elf. That is clearly logic, and also factually verifiable. ;)

(Reply to this)(Parent)

Re: Say what?
[info]white_serpent
2007-11-08 08:51 pm UTC (link)
The only issue here which continues to interest me is the question of whether the timeline/day calendars from the Lexicon were plagiarized by Warner Brothers in creating the DVD-ROM special features.

This concerns me, because it's one thing for fans to produce things for the love of the source work, and it's quite another for the rights holders to exploit fans as unpaid labor. (This is analogous to the Fanlib issue of fan scriptwriting where the "prize" was to see your episode actually produced.)

As noted, I don't think the "September 6/7" issue by itself is meaningful in any way. However, in light of your and RDR's claim of lifted text as well as the date error, I've been reviewing the DVD-ROM timelines accompanying the Prisoner of Azkaban movie and on various past versions of the Lexicon in Wayback. I do see some substantial similarities in the wording used (particularly on the Prisoner of Azkaban/Year 3 timeline). I'll post some comparisons later when I have the time, but will also need to compare both sets of text with that used in the books themselves. (It's of no use to say "Both timelines say 'X!'" if the books also say "X.")

So, one question for you, which is simply asking you to confirm what you have already said: You indicated in your post that WB had admitted to lifting the timeline, which would be incredibly stupid for you to say in the midst of pending litigation if it were untrue. Can you confirm this?

(Reply to this)(Parent)(Thread)

(Deleted post)
Re: Say what? - [info]white_serpent, 2007-11-08 09:23 pm UTC
Re: Say what? - [info]jocelyncs, 2007-11-09 04:34 am UTC
Re: Say what? - [info]tehrin, 2007-11-09 05:08 am UTC
Re: Say what?
[info]lidane
2007-11-08 12:34 pm UTC (link)
I'm not sure both of these are possible.

Agreed. The whole point of this suit is that they don't want this book published at all because Jo's writing her own. I'd think they'd want an injunction blocking publication of this book in order to protect their rights first before they even think about talking settlements.

And honestly, I still don't understand the point of printing the Lexicon in the first place. I can see it all for free online, so why not just organize it into a printer-friendly format and provide a free, downloadable ZIP file for fans instead? That would make much more sense than paying $25 in the stores for a soon-to-be outdated book, and it wouldn't be seen as making a naked grab to cash in on JKR's work.

(Reply to this)(Parent)(Thread)

Re: Say what?
[info]cleolinda
2007-11-08 02:25 pm UTC (link)
Well, after having read comments from a lot of pro-Lexicon people (at the links psoted, I mean) there seem to be a lot of people who are genuine fans of the Lexicon. I can see that they would definitely enjoy having a real live book version of a site they love so much. I think there is a market for a HP encyclopedia, full stop; I do think there are consumers who would buy a Lexicon book thinking it was the real thing, or failing that, that they'd bought one and didn't need another one. (I use my mother as a Clueless Non-Fan test case, generally. And she's a savvy consumer otherwise. There's just so much about fandom that the general public tends to not know or get.) It'll depend on how JKR's gets marketed--as the Definitive Encyclopedia or a Font of New Information. I don't really know how much new stuff she intends to include. I guess what I'm saying is that I can see why one side would want to publish and the other side would want to stop that, in a way I didn't before I understood that there were actual fans of the Lexicon and SVA himself.

(Reply to this)(Parent)(Thread)

Re: Say what?
[info]emiweebee
2007-11-08 04:06 pm UTC (link)
While I agree there is definitely a market for an encyclopedia (hell, there's a market for HP themed tooth floss, I am sure of it), I'm not sure the idea that fans would like a print version of the site does much in SVA's favour. Hell, of all the sites I visit in a day, I'd probably appreciate having half in tangible book format, but that's not to say that's a good idea. And if that's his driving point, then he should've done what millions of BNFs before him have done - shill for money, produce on a small scale, and provide the fans that want it with a book.

(Reply to this)(Parent)

Re: Say what?
[info]rekall
2007-11-08 11:50 pm UTC (link)
See what I don't get if there are genuine people who want a book copy of the Lexicon, why didn't Steve go with a POD service and only charge the amount it cost to print the book? He could have easily used something like Lulu.com and because he wouldn't be making a profit off the book, there would be a less chance of being sued by WB/JKR.

(Reply to this)(Parent)(Thread)

Re: Say what?
[info]cmdr_zoom
2007-11-09 01:26 am UTC (link)
Because that's not nearly as satisfying to his ego?

Which is, at the end of the day, why most/all of us do it.

(Reply to this)(Parent)


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