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Cleolinda Jones ([info]cleolinda) wrote in [info]fandom_wank,
@ 2008-02-06 03:13:00


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

Old Faithful returns
Just one thing, but it's that good. Via [info]auralan: "RDR Books' side wanted, as part of their discovery, to get copies of JKR's notes that she's already prepared for her own encyclopedia! Why? Because JKR says she's writing one and they need this as proof of that."

Application granted in part. Plaintiffs are to provide defendants with copies of the statements contained in the publications [[info]auralan: "They get copies of the magazines/interviews where JKR said she was planning to write the encyclopedia"] listed in plaintiffs response to Interrogatory 3(a) (ii) by February 8, 2008. Defendant has not shown the Court that any further discovery about Ms. Rowling's notes would be helpful to Defendant's position [Judge Robert P. Patterson: "LOL NO"].


Oh, and RDR Books has also started a blog. At least... they're trying to.

ETA: JKR/WB respond:

JKR/WB object to what it sees as RDR’s “pattern of writing the Court whenever it wishes without first making any effort to meet and confer, let alone giving sufficient advance notice of its intended communication with the Court”.... JKR’s “overwhelmingly sensitive” notes would serve “no legitimate purpose other than to harass Ms. Rowling. Rather, the burden of producing these notes far outweighs any benefit to RDR in obtaining them.”


ETA 2, from [info]weyrlady: "SVA has sent a letter to Ansible, a *very* popular fanzine run out of England by Dave Langford. Dave published it here." Short version: The print edition of the Lexicon differs greatly from the website--the material was expanded condensed* and the extensive quoting was minimized and it's legal. Also, JKR hates freedom.

* Wait, condensed? "The entries on the website provide much more detailed and complete information than the entries in the book. We took the information on the site and did a lot of editing, condensing, and in some cases complete rewriting." So... the free resource is... better than the one you have to pay for.

Also: "You and I are part of a subculture that lives off the creative work of others. We always try to do that in a legal and respectful way."

ETA 3, via [info]lidane: RDR Books Files Response to JKR/WB in Lexicon Suit. TLC: "There are in all declarations from six people and several hundred papers of exhibits, most of which are copies of text from books (including almost the entire Lexicon book)." Points of interest:

1. "It says Rapoport called Vander Ark after reading about him in an article, and Vander Ark expressed interest in publishing a book version of the website. Rapoport said he thought the A-Z index was the best part to publish."

2.  Six examples of other Harry Potter guides are listed, showing that it is "far too late" for JKR to be the "first to publish" an encyclopedia. I believe the first one listed is the one the Lexicon accused (with good reason, as previously discussed in ETA 1) of plagiarizing their site. TLC: "These six [are counted] as the ones that had 'especially striking similarities to the Lexicon in both format and content: At first flush, (a) appears to be out of print or unavailable on Amazon, (b) is about 2/3rds non-encyclopedic work, (c) seems to not be listed on Amazon, (d)’s title is actually 'An Unofficial…' etc. and (f) is a predictions book."

3. I'm just going to give you this one in its entirety: "Prof. Janet Sorensen declares in favor of RDR, and the brief says she says that 'lexicons like this one have an important and distinguished place in the literary world…it organizes a tremendous amount of information into a concise and readable form…[and] provides a significant amount of original analysis and commentary.' It also says the HPL takes information from 'painstaking collection' of Ms. Rowling’s interviews and statements, and Sorensen says it 'helps readers to construct the universe of the Potter books in their minds, to understand its rich connections to the wide world in which we live, and to encourage the impulse to imagine a universe beyond the one depicted in the books.' "

4. SVA’s declaration.

5. A summary of JKR press statements (presumably in lieu of her encyclopedia notes).

6. A new cover mockup.

And SO VERY, VERY much more.

ETA 4: From [info]sylvatica: "The NY Times article today about this case is here: A Tight Grip Can Choke Creativity. They seem to be siding with RDR books, based on fair use, but I don't know if they've visited the Lexicon website much... there's something in there about how it's mostly analysis, commentary, pointing out mistakes and such." Before I was able to update with this, Watch That Page sent an alert to the effect that RDR Books has posted this link on its front page as well.

Also, from [info]ari_o: Wank on the TLC entry, also reported by [info]pyratejenni. "Who does JK Rowling think she is, that she’s better than JRR Tolkien and Gene Roddenberry?"

ETA 5 from [info]lidaneDrama ensues as SVA and Melissa from TLC volley statements back and forth regarding the Lexicon's hosting situation.

ETA 5b: A Lexicon supporter (possible friend of SVA?) shows up to grudgewank Melissa and "subtly" tries to use FW as her flying monkeys. Recipes and snarky tags ensue.


(Read comments) - (Post a new comment)


[info]lidane
2008-02-12 11:41 pm UTC (link)
Wow. Some stuff has been happening over at Leaky Lounge.

Yesterday, Melissa from TLC posted this about the ownership and transfer of the HP-lexicon.org domain. I followed that post with a few questions, which Melissa responded to, as much as she could anyhow.

I mention all of that because today, SVA updated the Lexicon's "What's New" section where he claims he's been accused of lying in his declaration, and Melissa posted at length in response to Steve here.

Sorry for the lack of a link to the Lexicon, but apparently, it's been wonky most of the day. However, Melissa graciously quotes the entire thing, so you can read what he said.

SVA adds an ETA to his earlier statements, and Melissa responds again.

(Reply to this)(Thread)


[info]cleolinda
2008-02-13 12:42 am UTC (link)
Wow, thanks. I'm still reading over the links, but--is the first link right? Do you mean the exchange that starts on page 31?

(Reply to this)(Parent)(Thread)


[info]lidane
2008-02-13 10:35 am UTC (link)
I've got Leaky Lounge setup to show the maximum posts per page, so for me it's on page 8. I apologize if the links aren't exact. For me, they work perfectly.

I'll log out and try bringing them up normally if it will help.

(Reply to this)(Parent)(Thread)


[info]cleolinda
2008-02-13 01:22 pm UTC (link)
It's okay--all the others work, I think. Hell, this one may work, and I just don't know what I'm looking at. For me it brings up a roonwit post with a quoted passage and then her (?) own comment beginning, "Actually, I would be interested to know where in the legal documents RDR says he consulted a copyright lawyer before seeking to publish." It was a really interesting discussion, actually.

(Reply to this)(Parent)


[info]cleolinda
2008-02-13 12:49 am UTC (link)
Also: "Also, no one should ever confuse us with MuggleNet." I'm not sure what that was about, but--snap.

(Reply to this)(Parent)(Thread)


[info]white_serpent
2008-02-13 02:56 am UTC (link)
Presumably it means, "Emerson may get a six-figure income off his site, but I sure as hell don't get that off of mine."

(Reply to this)(Parent)


[info]auralan
2008-02-13 02:44 am UTC (link)
Once again, I think SVA needs a nice piece of STFU Pie.

What part of not commenting on an active legal issue is so complicated for that side?

(Reply to this)(Parent)


[info]wrackspurt
2008-02-13 03:33 am UTC (link)
Wow. Sounds like Steve's burning some bridges there.

I don't get why though. It all seems so redundant at this point.

(Reply to this)(Parent)(Thread)


[info]auralan
2008-02-13 04:00 am UTC (link)
Perhaps he's warming up for the grand flounce out of fandom where he deletes the Lexicon and shows us his teal deer.

(Reply to this)(Parent)(Thread)


[info]bubosquared
2008-02-13 04:41 am UTC (link)
At this point, it's really more of a teal moose, isn't it?

(Reply to this)(Parent)(Thread)


[info]pantyless_angel
2008-02-13 05:11 am UTC (link)
I think they have moved past Cervidae, and moved on to Elephantidae.

(Reply to this)(Parent)(Thread)


[info]snarkhunter
2008-02-13 05:19 am UTC (link)
Pfft. It's a teal Brachiosaurus, at this point.

(Reply to this)(Parent)(Thread)


[info]pyratejenni
2008-02-13 06:44 am UTC (link)
A teal T-Rex.

(Reply to this)(Parent)


[info]bubosquared
2008-02-13 04:40 am UTC (link)
Reading that, all I can think is "Man, poor Melissa. D:" Because damn, that's a shitty situation to be in, and the thing with the ads as well is just. Ugh.

(Reply to this)(Parent)


[info]cork118
2008-02-13 06:31 am UTC (link)
From Melissa's first response: I really doubt anyone who is trying to impugn us now wants us to start offering evidence later, whether they know it or not.

Ooooh. I wonder what they've got up their sleeve?

(Reply to this)(Parent)(Thread)


[info]thecheese
2008-02-13 07:32 am UTC (link)
Stay tuned. Methinks this is gonna get a lot juicier before the fat lady sings.
rubs hands together in anticipation

(Reply to this)(Parent)


[info]sunhawk
2008-02-13 09:52 am UTC (link)
Wow. The whole thing reminds me of the Eddie Izzard bit about kids lying:

"I didn't do it! I was… I wasn't… I was dead at the time! I was on the Moon! With Steve!"

And your Dad's going, "I haven't even accused you of anything yet."

"Oh, all right. Well… what is… what's the que… well, I… I… well… what?"

"Did you brush your teeth?"

"No… yes… what's correct? Anywa … yeah. I was dead at the time!"

(Reply to this)(Parent)(Thread)


[info]cellardoor28
2008-02-16 12:36 pm UTC (link)
GIP

(Reply to this)(Parent)


[info]sheep
2008-02-13 01:00 pm UTC (link)
Why is it that some people have such a difficult time understanding the difference between someone making a legal argument and someone saying they found someone's behaviour disrespectful and disappointing.

I mean, RDR and SVA could win this case, and I'd still find their behaviour disrespectful, arrogant and just plain wrong. Some things just fall outside the law.

(Reply to this)(Parent)(Thread)


[info]cleolinda
2008-02-13 01:24 pm UTC (link)
I'm also wondering how many people (not on the Leaky Lounge, elsewhere) are not getting the real point of Melissa's argument, given how many times she repeats it: it wasn't the money. It was the principle of the thing.

(Reply to this)(Parent)


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