Race Wank? In Who Fandom? It's just as likely as you'd think...
First,
BBC officials respond with a letter that has nothing to do with anything.
Some people don't see his point.
( Meanwhile, back on the blog... )
I know you were looking forward to great excitement today. Some of you said words to me that indicated you anticipated fiery 'judgement' upon those who remained fresh and dewey white, those you call n00bs.
Anyway, you got today instead.
Stop anticipating things, we'll just break your hearts.
Though I do not support Vander Ark, nor do I care for the lawyers defending RDR, the entire courtroom couldn’t help but laugh when Vander Ark said, “this is exciting,” regarding Alohamora’s origin. The lawyer, obviously beyond unenthused, said, “I’m thrilled myself.”[...]
When asked if he would not be working RDR following the Lexicon book because he felt he was being misled, he adamantly denied such an allegation. Rowling’s lawyer then brought in a new piece of evidence. She distributed to the judge, Vander Ark, and RDR’s lawyers, a copy of an email sent by Mr. Vander Ark to Melissa Anelli. He stated in the email that he felt RDR had lied to and misled him and that they ruined his standing with fans and JKR and that was why he wouldn’t work with them anymore. The still silence following this piece of evidence leaves me with the conclusion that it’s very possible that RDR did not know that Vander Ark was saying such things behind their back.
As part of evidence, a video clip from a Harry Potter conference that took place in Toronto in August of 2007 was shown. It was about 15 seconds long and showed a bit of Vander Ark’s presentation. From his speech, we heard him say, “Jo quit. We’re taking over now.” [...] Aside from that, the judge was not happy to learn that this brief clip and short excerpt of his speech was the only part of the video brought into evidence. Vander Ark, who should have kept his mouth shut, joked that most of the rest of his presentation could be found on YouTube.
[W]e do not think a win for J.K. Rowling means tighter controls on fan creativity at all, and are concerned for the opposite, as well as the attempt to misportray the issues of the case as stated in sworn affadavits. So, after a few days of careful and many-sided discussion, we, as a full staff, decided that people who have such a fundamental disconnect in beliefs cannot and should not be partners in name or spirit, and two days ago informed the Lexicon that we are severing our association....Note: Compare this statement to the hosting discussion back in December. There's a pretty big discrepancy there, is all I'm saying.
And while Leaky has always owned the hp-lexicon.org domain and paid for the site’s hosting, we’ve promised to transfer the domain to Steve as soon as litigation is complete (a stipulation that would not have been made had ownership not been mentioned in court documents). We will continue to pay for hosting and provide free support until that day.
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.
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.
Fan fiction doesn’t copy the author’s story and call it their own, but uses it or the characters, as a springboard for another story. And not for profit. Much different, to my mind, than what Edwards did over many years and with many sources.
But this suit seems to involve someone who IS taking the author’s words, without her permission, and trying to sell it for profit. I’d sue, too.
I don’t mind fan fiction (understand those authors who do), but when I find my work on the internet--for profit or not--copied and claimed by someone else, I shut it down.
Claims that the book is an academic resource are rebuffed by a piece of evidence showing Roger Rapoport's instruction to a colleague to focus on children's bookstores for sales.
The question of authorship arises here as well: Steve Vander Ark has said the Lexicon was "created, edited, written and maintained primarily by one person, me," and the book has listed only one author; however an e-mail from Roger Rapoport says the book was the result of 20 academic scholars and reference experts' work.
Ms. Rowling and Warner Bros. are concerned about the Infringing Book not only because of the infringing material it contains, as is discussed below, and not only because it will undermine the companion guide that Ms. Rowling herself intends to write, but also because RDR Books has confirmed -- through its refusal to be above-board about its intentions and engage in reasonable discussion about the Infringing Book -- that it cannot be trusted with one of the most beloved children's book series in history.
THANK YOU FOR THE MANY EXPRESSIONS OF SUPPORT FOR OUR AUTHOR STEVE VANDER ARK AND HIS HARRY POTTER LEXICON. The preliminary injunction case will be heard February 28 by New York Federal District Judge Robert Patterson. More information on the Harry Potter Lexicon lawsuit is available here.
* J.K. Rowling's Dark Mark -- Why She Should Lose Her Copyright Lawsuit Against the Harry Potter Lexicon, by Tim Wu, Columbia University Law Professor.