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J.K. Rowling isn't suing Steve Vander Ark, she's suing his publisher. Do you know why? Because his publishing contract indemnifies him against such lawsuits. It should be pointed out that just about every other publishing contract indemnifies the publisher. One might therefore wonder if Mr. Vander Ark guessed he was on shaky legal ground and yet agreed to publish the book anyway. Apparently there are some personal reasons for it as well (he wants to live in the UK and needs income/employment).
It should further be pointed out that the lawsuit was brought only after the publisher refused, several times, to provide the plaintiffs with a copy of the manuscript before publication. This included the publisher saying that he couldn't send it because a family member had passed away and he wasn't doing business; but it was later shown that during the claimed mourning period, he sold foreign rights to the book in several countries.
I've been following this case from before the lawsuit was filed. The publisher (and the author) have acted from the beginning in an unprofessional and disingenuous manner that make me doubt the veracity of anything they say. In my view, they are no victims.
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