Entry tags:

entitlement, fandom: harry potter, internet lawyers, this is the wank that never ends

Another wad of tinfoil for your chewing pleasure
RDR Books has updated. New passage:

Does the Lexicon comply with the Fair Use doctrine promoted by the Copyright Act?

Based on the opinions of the several publishing attorneys Mr. Rapoport and Mr. Vander Ark consulted before undertaking any plans or arrangements to create a print media version of The Harry Potter Lexicon, the controlling copyright and trademark legal precedent is quite clear. There is no doubt that they are within their rights in publishing this work just like 46 other publishers who have published similar works of Potter criticism and analysis not being sued by Warner Bros. or Ms. Rowling. We ask that the public - and particularly fans of J.K. Rowling and the Harry Potter novels - withhold judgment until all the facts are in evidence and a court judge has ruled on the legal issues.

Also, they added a number of links. New for us: Yatterings and "A commentary by University of Arizona Emeritus Professor Ken Goodman" (ETA: published twice by RDR Books). Hosted on the site: An open letter from librarian and independent scholar Brenda M. Williams.

And from legionseagle: The Lexicon rights offering page is still up at Publishers Marketplace. You know, despite the injunction.

ETA: And oh, man, is it a good one.

When will the Lexicon be published?

The 412-page Harry Potter Lexicon has been voluntarily delayed by RDR Books pending a New York federal court hearing February 6 on a request for an injunction by J.K. Rowling and Warner Bros. Judge Robert Patterson will rule on the plaintiffs request for an injunction that could last for three years while a trial and potential appeal go forward. If the injunction request is denied, RDR Books will then be able to publish the book without prior restraint. The entire book is drawn verbatim from the material that presently appears on Steve Vander Ark's website, http://www.hp-lexicon.org, which he has operated with the full awareness of J.K. Rowling and Warner Bros. continuously since the year 2000. Knowing that the Harry Potter novels have had a profound effect in encouraging literacy among young people around the world, we believe that publishing the website content in printed form will make its information available to underprivileged children and those in impoverished nations, who may have no access to computers or to the World Wide Web.

At the same time these statements are being made the attorneys for Warner Bros. and Ms. Rowling are working overtime to make sure that this book is blocked from publication. Not content to try their case in court they are trying to preempt public opinion with a vast international publicity campaign designed to make it appear that censorship of a critical reference work is in the public interest. This publicity campaign was launched before the plaintiffs knew they had been sued. This was designed to make sure that most reporters would not have the time to fully research the facts or get a response from RDR Books or the author. The complaint ignores the doctrine of 'fair use', and the first amendment. It also squanders vast sums of money on pointless legal and public relations campaigns.

I would like to note here that, as has been discussed in the comments of the umpteen trillion entries previously posted on this subject, most news articles and blog reports are writing about the suit in very cursory, Big Corporation Goes After Tiny, Helpless Fan terms. So, clearly, they're not part of the Vast International Smear Campaign. I must therefore conclude that the campaign is centered on, if not completely comprised of... Fandom Wank. Dear WB: Please address all Vast Sums of Money to Cleolinda Jones, P.O. Box...

Attempts to settle this case in a way that would benefit the reading public and the Lexicon authors who have donated thousands of hours of their own time on a volunteer basis for seven years to help readers benefit from the Potter books. In fact, the authors of the Lexicon have donated thousands of hours of their own time on a volunteer basis for seven years to help readers benefit from reading the Potter books.

Note the plural, is all I'm saying.

ETA 2: More. Seriously.

What Is Your Reaction to the Warner Brothers/J.K. Rowling Complaint?

Virtually all of the information available to the public comes from the complaint prepared by the plaintiffs' lawyers and is therefore biased by its very nature. Legal pleadings are not evidence and no proof has been offered of any allegation set forth in the complaint. The complaint is rife with factual fabrications and misstatements of law. The plaintiff's statements are clearly designed to confuse readers about the legal elements of copyright and trademark infringement.

ETA 3: From fortheloveof22: 2 battling 'Harry Potter' author to speak in Grand Rapids: "The forum, set for 7-9 p.m. at GVSU's Grand Rapids campus, 401 W. Fulton, is described by GVSU as an opportunity to discuss 'the David and Goliath legal battle that this case entails.' "