Register Guidelines E-Books Search Today's Posts Mark Forums Read

Go Back   MobileRead Forums > E-Book General > News

Notices

Reply
 
Thread Tools Search this Thread
Old 09-09-2008, 06:06 AM   #1
HarryT
eBook Enthusiast
HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.
 
HarryT's Avatar
 
Posts: 62,779
Karma: 40397151
Join Date: Nov 2006
Location: UK
Device: PW2, iPad Retina Mini, iPhone 4, MS Surface Pro, Onyx T68, N7,
Thumbs up Rowling wins copyright infringement case

From the BBC News web site:

Author JK Rowling has won her legal battle in a New York court to get an unofficial Harry Potter encyclopaedia banned from publication.

Judge Robert Patterson said in a ruling Ms Rowling, 43, had proven Steven Vander Ark's Harry Potter Lexicon would cause her irreparable harm as a writer.

Ms Rowling sued Michigan based publishers RDR Books last year to stop publication of Mr Vander Ark's book. He wrote the book after running a popular Potter fansite.

Following the ruling, Ms Rowling said her legal action had aimed "to uphold the right of authors everywhere to protect their own original work".

She said: "The proposed book took an enormous amount of my work and added virtually no original commentary of its own."

The statement added: "Many books have been published which offer original insights into the world of Harry Potter. The Lexicon just is not one of them."

The book had been originally due for publication on 28 November 2007, but legal proceedings prevented it from being released.

Ms Rowling had originally supported the Lexicon website, but she said there was a difference between fans publishing information for free on the internet, and selling it in the form of a book.

See:

http://news.bbc.co.uk/1/hi/entertainment/7605142.stm
HarryT is offline   Reply With Quote
Old 09-09-2008, 06:45 AM   #2
axel77
Fanatic
axel77 has learned how to read e-booksaxel77 has learned how to read e-booksaxel77 has learned how to read e-booksaxel77 has learned how to read e-booksaxel77 has learned how to read e-booksaxel77 has learned how to read e-booksaxel77 has learned how to read e-booksaxel77 has learned how to read e-books
 
Posts: 584
Karma: 914
Join Date: Mar 2008
Device: iliad
Okay in this news report we got Rowling several times to say something, I'd like to hear the other side as well. Or does the loser have no voice in our society?

Also note the judge:
Quote:
He said: "While the Lexicon, in its current state, is not a fair use of the Harry Potter works, reference works that share the Lexicon's purpose of aiding readers of literature generally should be encouraged rather than stifled."
Unfair omission in this news report IMHO. The judge explicitly stated despite this ruling, he generally doesn't want to stifle books discussing/handling other books..

Last edited by axel77; 09-09-2008 at 06:50 AM.
axel77 is offline   Reply With Quote
Old 09-09-2008, 06:50 AM   #3
HarryT
eBook Enthusiast
HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.
 
HarryT's Avatar
 
Posts: 62,779
Karma: 40397151
Join Date: Nov 2006
Location: UK
Device: PW2, iPad Retina Mini, iPhone 4, MS Surface Pro, Onyx T68, N7,
I think personally that this is the correct result in this particular case, given that (I believe) something over 90% of the content of this book consisted of material "lifted" directly from the HP books. Limited quoting for academic purposes is "fair use", but this clearly isn't - it appears to have been a rather blatent attempt by someone to commercially profit from Ms. Rowling's work.
HarryT is offline   Reply With Quote
Old 09-09-2008, 06:52 AM   #4
axel77
Fanatic
axel77 has learned how to read e-booksaxel77 has learned how to read e-booksaxel77 has learned how to read e-booksaxel77 has learned how to read e-booksaxel77 has learned how to read e-booksaxel77 has learned how to read e-booksaxel77 has learned how to read e-booksaxel77 has learned how to read e-books
 
Posts: 584
Karma: 914
Join Date: Mar 2008
Device: iliad
Quote:
Originally Posted by HarryT View Post
I think personally that this is the correct result in this particular case, given that (I believe) something over 90% of the content of this book consisted of material "lifted" directly from the HP books. Limited quoting for academic purposes is "fair use", but this clearly isn't.
I didn't talk about if the ruling is right or wrong, honestly I don't know by far enough of this case. I just considered it pretty unfair having her have several concluding statements for public while him none. Regardless if right or wrong.
axel77 is offline   Reply With Quote
Old 09-09-2008, 06:55 AM   #5
acidzebra
Liseuse Lover
acidzebra ought to be getting tired of karma fortunes by now.acidzebra ought to be getting tired of karma fortunes by now.acidzebra ought to be getting tired of karma fortunes by now.acidzebra ought to be getting tired of karma fortunes by now.acidzebra ought to be getting tired of karma fortunes by now.acidzebra ought to be getting tired of karma fortunes by now.acidzebra ought to be getting tired of karma fortunes by now.acidzebra ought to be getting tired of karma fortunes by now.acidzebra ought to be getting tired of karma fortunes by now.acidzebra ought to be getting tired of karma fortunes by now.acidzebra ought to be getting tired of karma fortunes by now.
 
acidzebra's Avatar
 
Posts: 869
Karma: 1035404
Join Date: Jul 2008
Location: Netherlands
Device: PRS-505
Google news has a ton of reports on it, some of which include the other guy's comments. He seems mostly ok with it and is moving on to other (HP-related) projects.
http://news.google.com/news?hl=en&ne...ncl=1243944079

I haven't seen this work, so I wouldn't know. From what I could see from the judge's comments

Quote:
"While the Lexicon, in its current state, is not a fair use of the Harry Potter works, reference works that share the Lexicon's purpose of aiding readers of literature generally should be encouraged rather than stifled," he said.

He said he ruled in Ms Rowling's favour because the "Lexicon appropriates too much of Rowling's creative work for its purposes as a reference guide".
I would probably agree with the ruling.

Last edited by acidzebra; 09-09-2008 at 06:57 AM.
acidzebra is offline   Reply With Quote
Old 09-09-2008, 07:25 AM   #6
Nate the great
Sir Penguin of Edinburgh
Nate the great ought to be getting tired of karma fortunes by now.Nate the great ought to be getting tired of karma fortunes by now.Nate the great ought to be getting tired of karma fortunes by now.Nate the great ought to be getting tired of karma fortunes by now.Nate the great ought to be getting tired of karma fortunes by now.Nate the great ought to be getting tired of karma fortunes by now.Nate the great ought to be getting tired of karma fortunes by now.Nate the great ought to be getting tired of karma fortunes by now.Nate the great ought to be getting tired of karma fortunes by now.Nate the great ought to be getting tired of karma fortunes by now.Nate the great ought to be getting tired of karma fortunes by now.
 
Nate the great's Avatar
 
Posts: 10,375
Karma: 3161371
Join Date: Apr 2007
Location: DC Metro area
Device: Shake a stick plus 1
Quote:
Originally Posted by axel77 View Post
Okay in this news report we got Rowling several times to say something, I'd like to hear the other side as well. Or does the loser have no voice in our society?
There is an interesting comment over at TeleRead. It's by the author of Untangling Tolkien.
http://www.teleread.org/blog/2008/09...icon/#comments
Nate the great is offline   Reply With Quote
Old 09-09-2008, 07:39 AM   #7
HarryT
eBook Enthusiast
HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.
 
HarryT's Avatar
 
Posts: 62,779
Karma: 40397151
Join Date: Nov 2006
Location: UK
Device: PW2, iPad Retina Mini, iPhone 4, MS Surface Pro, Onyx T68, N7,
He makes some interesting points, to be sure, but I'd have thought that it was a little "unwise" to publically acuse Federal court judges of being corrupt.
HarryT is offline   Reply With Quote
Old 09-09-2008, 08:52 AM   #8
bbusybookworm
Tech Junkie
bbusybookworm knows the difference between 'who' and 'whom'bbusybookworm knows the difference between 'who' and 'whom'bbusybookworm knows the difference between 'who' and 'whom'bbusybookworm knows the difference between 'who' and 'whom'bbusybookworm knows the difference between 'who' and 'whom'bbusybookworm knows the difference between 'who' and 'whom'bbusybookworm knows the difference between 'who' and 'whom'bbusybookworm knows the difference between 'who' and 'whom'bbusybookworm knows the difference between 'who' and 'whom'bbusybookworm knows the difference between 'who' and 'whom'bbusybookworm knows the difference between 'who' and 'whom'
 
bbusybookworm's Avatar
 
Posts: 1,027
Karma: 10080
Join Date: Aug 2007
Location: UK / Egypt / India
Device: PSR500,Gen3, iPhone3G, PPro, iPad , Samsung Galaxy S2
After reading his comments in full I have to disagree With the idea that he was accusing federal courts of corruption.

Bias, yes, corruption no.

the point he makes, i believe is that by virtue of its location, it sees a lot of publishing related cases. as such being human, the judge msy give a little more credence to a known party. also, judges normally don't like to upset previous rulings's so that can be a factor.
bbusybookworm is offline   Reply With Quote
Old 09-09-2008, 11:13 AM   #9
JeffElkins
PRSCustomizer
JeffElkins is no ebook tyro.JeffElkins is no ebook tyro.JeffElkins is no ebook tyro.JeffElkins is no ebook tyro.JeffElkins is no ebook tyro.JeffElkins is no ebook tyro.JeffElkins is no ebook tyro.JeffElkins is no ebook tyro.JeffElkins is no ebook tyro.JeffElkins is no ebook tyro.
 
JeffElkins's Avatar
 
Posts: 773
Karma: 1416
Join Date: Jan 2008
Device: PRS 505 Blue/iPod Touch/Epic 4G/Nook Classic
This Ars Technica article is good:

Quote:
As a fantasy literature enthusiast, I am disappointed by Rowling's unwillingness to achieve a reasonable compromise with Ark. She clearly saw value in his work and could have even collaborated with him instead of trying to create her own future lexicon from scratch. Inventive borrowing is the lifeblood of the fantasy genre and her attitude on the subject reflects some hypocrisy.
I side with Orson Scott Card. Like him, I've found Rowling to be a disappointment in her post-Harry career; first the Dumbledore debacle, now this.
JeffElkins is offline   Reply With Quote
Old 09-09-2008, 12:00 PM   #10
delphidb96
Wizard
delphidb96 ought to be getting tired of karma fortunes by now.delphidb96 ought to be getting tired of karma fortunes by now.delphidb96 ought to be getting tired of karma fortunes by now.delphidb96 ought to be getting tired of karma fortunes by now.delphidb96 ought to be getting tired of karma fortunes by now.delphidb96 ought to be getting tired of karma fortunes by now.delphidb96 ought to be getting tired of karma fortunes by now.delphidb96 ought to be getting tired of karma fortunes by now.delphidb96 ought to be getting tired of karma fortunes by now.delphidb96 ought to be getting tired of karma fortunes by now.delphidb96 ought to be getting tired of karma fortunes by now.
 
Posts: 3,000
Karma: 300001
Join Date: Jan 2007
Location: Citrus Heights, California
Device: TWO Kindle 2s, one each Bookeen Cybook Gen3, Sony PRS-500, Axim X51V
Quote:
Originally Posted by HarryT View Post
I think personally that this is the correct result in this particular case, given that (I believe) something over 90% of the content of this book consisted of material "lifted" directly from the HP books. Limited quoting for academic purposes is "fair use", but this clearly isn't - it appears to have been a rather blatent attempt by someone to commercially profit from Ms. Rowling's work.
I disagree. The court made a *bad* decision and this puts all "derivative" works based upon extracting information and putting it in a database form. Think of all the Prima gaming guides for games like Diablo and Warcraft.

Nope, it was a clear case of stupid greed (Rowling) and idiocy (the court) winning over justice.

Derek
delphidb96 is offline   Reply With Quote
Old 09-09-2008, 12:05 PM   #11
HarryT
eBook Enthusiast
HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.
 
HarryT's Avatar
 
Posts: 62,779
Karma: 40397151
Join Date: Nov 2006
Location: UK
Device: PW2, iPad Retina Mini, iPhone 4, MS Surface Pro, Onyx T68, N7,
Quote:
Originally Posted by delphidb96 View Post
I disagree. The court made a *bad* decision and this puts all "derivative" works based upon extracting information and putting it in a database form. Think of all the Prima gaming guides for games like Diablo and Warcraft.

Nope, it was a clear case of stupid greed (Rowling) and idiocy (the court) winning over justice.

Derek
The key point made by the court in this case is that there was virtually no "creative input" by the author; he'd just taken extracts of Rowling's work and presented it pretty-much word-for-word. One would imagine that in a game guide, the author would have put a lot of effort into figuring out how to win the game - that presumably count as "creative input".

I'm afraid I disagree with your conclusion.
HarryT is offline   Reply With Quote
Old 09-09-2008, 12:42 PM   #12
axel77
Fanatic
axel77 has learned how to read e-booksaxel77 has learned how to read e-booksaxel77 has learned how to read e-booksaxel77 has learned how to read e-booksaxel77 has learned how to read e-booksaxel77 has learned how to read e-booksaxel77 has learned how to read e-booksaxel77 has learned how to read e-books
 
Posts: 584
Karma: 914
Join Date: Mar 2008
Device: iliad
Quote:
Originally Posted by delphidb96 View Post
I disagree. The court made a *bad* decision and this puts all "derivative" works based upon extracting information and putting it in a database form. Think of all the Prima gaming guides for games like Diablo and Warcraft.

Nope, it was a clear case of stupid greed (Rowling) and idiocy (the court) winning over justice.

Derek
I think the judge explicitly noted that the ruling should not be misunderstood as to illegalize all derivative works.

And the other link to this Untangling Tolkien guy was very insightful IMHO. As he explictly noted the courts look if the original author or current copyright holders would have been able, or would do themselves what you did, or if you created something additional with own input.

The game guide think is a tricky question that opens up to our society... I'm pretty convinced that if someone writes a gameguide to a game, where the game seller never wanted to make his own game guide himself would be allowed to so... However if the seller wants to push his own guide, he could IMHO outlaw other people guides, as infringing copyright...

Last edited by axel77; 09-09-2008 at 12:44 PM.
axel77 is offline   Reply With Quote
Old 09-09-2008, 01:19 PM   #13
JeffElkins
PRSCustomizer
JeffElkins is no ebook tyro.JeffElkins is no ebook tyro.JeffElkins is no ebook tyro.JeffElkins is no ebook tyro.JeffElkins is no ebook tyro.JeffElkins is no ebook tyro.JeffElkins is no ebook tyro.JeffElkins is no ebook tyro.JeffElkins is no ebook tyro.JeffElkins is no ebook tyro.
 
JeffElkins's Avatar
 
Posts: 773
Karma: 1416
Join Date: Jan 2008
Device: PRS 505 Blue/iPod Touch/Epic 4G/Nook Classic
Quote:
Originally Posted by delphidb96 View Post
...idiocy (the court) winning over justice
Some Englishman said "The Law is an Ass."

Dickens?
JeffElkins is offline   Reply With Quote
Old 09-09-2008, 02:22 PM   #14
RickyMaveety
Holy S**T!!!
RickyMaveety lived happily ever after.RickyMaveety lived happily ever after.RickyMaveety lived happily ever after.RickyMaveety lived happily ever after.RickyMaveety lived happily ever after.RickyMaveety lived happily ever after.RickyMaveety lived happily ever after.RickyMaveety lived happily ever after.RickyMaveety lived happily ever after.RickyMaveety lived happily ever after.RickyMaveety lived happily ever after.
 
RickyMaveety's Avatar
 
Posts: 5,186
Karma: 108401
Join Date: Jun 2008
Location: San Diego, California!!
Device: Kindle and iPad
Quote:
Originally Posted by HarryT View Post
He makes some interesting points, to be sure, but I'd have thought that it was a little "unwise" to publically acuse Federal court judges of being corrupt.
I've read the guy's comments twice, and I don't see anywhere that he accuses the Federal court judges of being corrupt. Not at all.

What I got out of that is that the mindset of the Second Circuit is very different from that of the Ninth. That is something that is well known. Each Federal circuit has a different spin on certain issues, and it's not until there is a serious conflict between circuits on a particular issue that it will be decided by the Supreme Court.

The Ninth Circuit is West Coast and rather liberal and the Second is East Coast and for the most part more conservative. That doesn't mean that one is "corrupt."

So, where are you getting the accusations of corruption from? Is it just that we are reading it that differently??
RickyMaveety is offline   Reply With Quote
Old 09-09-2008, 02:23 PM   #15
RickyMaveety
Holy S**T!!!
RickyMaveety lived happily ever after.RickyMaveety lived happily ever after.RickyMaveety lived happily ever after.RickyMaveety lived happily ever after.RickyMaveety lived happily ever after.RickyMaveety lived happily ever after.RickyMaveety lived happily ever after.RickyMaveety lived happily ever after.RickyMaveety lived happily ever after.RickyMaveety lived happily ever after.RickyMaveety lived happily ever after.
 
RickyMaveety's Avatar
 
Posts: 5,186
Karma: 108401
Join Date: Jun 2008
Location: San Diego, California!!
Device: Kindle and iPad
Quote:
Originally Posted by JeffElkins View Post
Some Englishman said "The Law is an Ass."

Dickens?
Yes, Dickens.
RickyMaveety is offline   Reply With Quote
Reply

Tags
copyright infringment, harry potter

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Do you think JK Rowling will cave eventually? ficbot General Discussions 85 03-31-2010 06:06 PM
Copyright infringement terminology pdurrant General Discussions 110 03-15-2010 03:42 PM
Google guilty of copyright infringement in France amjbrown News 0 12-18-2009 09:17 AM
How much is a JK Rowling book worth to you? How about £1,950,000? SpiderMatt Lounge 20 01-28-2008 09:05 AM
Open-source Mplayer site closed for patent infringement Alexander Turcic Lounge 2 03-15-2005 03:46 AM


All times are GMT -4. The time now is 04:12 AM.


MobileRead.com is a privately owned, operated and funded community.