: A slight change of plans
Okay, on Friday, a document appeared on Justia that said... well, we weren't entirely sure what it said, or what it was really in response to. The upside of it was that there was going to be an injunction hearing on March 13, but... something about going ahead and squeezing in a trial rather than waiting on a summary judgment that sent both sides into a flurry of trying to figure out how to fly witnesses to New York on six days' notice (JKR is apparently attending another trial--involving paparazzi?--in England on that date already). Fortunately, RDR has an update:
Also:( Read more... )
ETA 8, because I'm just going to keep on trucking on this one entry until something important actually happens:
Via
rustybitch: Info/Law, the one blog that gets it, has posted a new analysis. Key passages:
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auralan: "RDR Books has set up Media contacts for the Harry Potter Lexicon Case. They're not bothering to make any pretense that this isn't all about getting as much press coverage as possible."
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hooloovoo_too: More conflict-of-interest weirdness.
From
insanitys_place: "I was able to dig up the two Lanthorn articles if anyone is interested in them. This one was before the GVSU forum. And here's the follow up article."
From
alexielnet: The Lexicongate drinking game.
Okay, on Friday, a document appeared on Justia that said... well, we weren't entirely sure what it said, or what it was really in response to. The upside of it was that there was going to be an injunction hearing on March 13, but... something about going ahead and squeezing in a trial rather than waiting on a summary judgment that sent both sides into a flurry of trying to figure out how to fly witnesses to New York on six days' notice (JKR is apparently attending another trial--involving paparazzi?--in England on that date already). Fortunately, RDR has an update:
New York Federal District Court Judge Robert Patterson has scheduled a trial for March 24, 25 and 26 in the matter of Warner Bros. Entertainment and J.K. Rowling v. RDR Books. The judge consolidated a previously scheduled preliminary injunction hearing with the trial.
Also:( Read more... )
ETA 8, because I'm just going to keep on trucking on this one entry until something important actually happens:
Via
For transformation, let’s dispose quickly of a red herring: RDR/VA’s work - and it’s extensive - in cataloging and assembling information about the Potter world gets zero weight in fair use analysis. Feist makes this clear: "sweat of the brow" copyright is dead - you get no protection for your work because of the effort involved in pulling it together. Rather, the key is the new expression you add - or, here, the new transformative expression. And I don’t think there’s enough of it.
[...]
Is this a good outcome? I think so. Remember that the 4 factors are non-exclusive. I’d argue Judge Patterson should consider an additional factor here: behavior by the copyright owner. Rowling has been supportive - very much so - of the Lexicon as long as it remained on-line and relatively non-commercial. To the degree that free speech concerns arise in this case (as the memo in opposition of the injunction argues, at p. 6), Rowling’s conduct mitigates those worries.... She’s allowing this information to be presented to her fans and the public in general, while trying to minimize financial harm to her works. Copyright is often presented as a balance between incentives to produce and access to that production; here, Rowling’s approach seems to find that balance.... In Potter terms, though, I think this is a triumph for Dumbledore’s Army, and not for the Death Eaters.
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