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#106 |
Evangelist
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A very good and amusing question.
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#107 |
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I was just thinking that surely defendents in a lawsuit have to use their real names, don't they?
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#108 |
Evangelist
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Well, at least the name they go by.
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#109 | |
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Quote:
Another thing: right now, J. K. Rowlings must be in a very, very uncomfortable situation. A lot of fans are unhappy with her being on the side of WB in the suit, but really, she has no choice. Since she sold the rights to her creations to WB as part of the movie adaptation deals, she doesn't control her work anymore! So, this is the problem I see myself with her claims about "controlling" her work and not wanting to be robbed now by the lexicon publishers. Vander Ark is not the only naive fool, here. |
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#110 | |
Has got to the black veil
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Quote:
My point is that the whole thing could very likely have been worked out without a trial--and the book been published in some form--had the publisher cooperated. And as a friend continually points out to me: the sole reason for businesses to exist is to make money. Of course RDR and WB are out to make money. They are businesses. Last edited by MaggieScratch; 05-08-2008 at 01:26 PM. |
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#111 |
Gadget Geek
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I don't know if they have the right but it certainly makes more sense for both parties to be cooperative and negotiate with each other before the book goes to print. It was really in the publisher's best interest to give them a copy to look over. Maybe he could've edited it in a way to forestall a lawsuit or come to some sort of agreement. It's more expensive for everyone involved this way.
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#112 | |
Grand Sorcerer
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Quote:
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#113 |
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That's exactly what they have done. Click the link posted in the first thread in the post and you'll get a "diary" of exactly what's happened so far.
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#114 |
fruminous edugeek
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That's his surname. His first name is "Steve" (or more probably, "Stephen"). (We aren't descending to making fun of the names of the people involved in the case, are we?)
I suppose I could wade through the trial transcripts, but I'm still not seeing where this "90%" duplicate text figure is coming from, based on my perusal of the online version of the Lexicon. I think what kicked off the business was the publisher's plan to use Rowling's comments about the website version of this content (which she praised highly) as a jacket endorsement for the book. That was apparently settled out of court. And I can see where Rowling can justifiably complain that her comments about a free fan site should not be construed as being endorsements of a commercial printing of the same content. There were some other issues also settled out of court, leaving this claim about content, which is apparently not being regarded as open-and-shut for either side. Those who want an example of entries might look here: http://www.hp-lexicon.org/wizards/dumbledore.html (Dumbledore's entry) or here: http://www.hp-lexicon.org/bestiary/thestrals.html (Thestrals). Yes, I see some quotes-- and by APA standards, they aren't attributed correctly, as they have no page number, only the book number, but I don't know how they would have appeared in the print version. Most of the content in the entries seems to be original in the sense of being a summary, covered under critical review use. I would think if there were serious merit to a claim of copyright infringement, the site would have been issued a DMCA notice, but maybe that happened and I missed it. |
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#115 |
Fanatic
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As "blind" justice, it is either copyright infringement or it isn't. If the medium is web or paper shouldn't make any difference, nor if profit is involved or isn't. Not?
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#116 |
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No, certainly not. It just sounded like a "made up" name and I was wondering if it was some sort of "online" name.
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#117 | ||
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Trail Transcript Day 1
http://www.the-leaky-cauldron.org/docs/jkrtrialday2.txt http://www.the-leaky-cauldron.org/docs/jkrtrialday3.txt Not to personally attack Mr. Vander Ark, but he apparently has made public statements that he doesn't agree that J.K. Rowling has the final say in what happens with her characters. On the second transciprt, I believe this is page 332, he said of RDR in an email: Quote:
(356, line 2) he admits that he didn't believe the book would be permissible by copyright law. And then he admits not to being a lawyer, not consulting a lawyer about it being permissible. RDR told him (359, line 4) that it was. (372, line 4) he states that the scope of the book is not an exhaustive scholarly reference. AND NOW HERE'S THE GOOD PART transcript 3, page 600, line 9: Quote:
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#118 | |
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This held true for Rowling also pre-potter 1, she had to life (and write) on welfare.
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#119 | |
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#120 |
Guru
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Speaking as a fan of Rowling and the Harry Potter universe, I think she has every right to fight this, especially since she has made known for at least two years that she was planning on writing her own encyclopedia. In her shoes I would the exact same thing. Here's a guy that writes a book based completely on someone else's writing, without adding any of his own creative content, and then expects to be able to publish it without so much as asking for the author's approval. It doesn't matter that Rowling used the site on occasion; the site was well done and had her stamp of approval.
All I see here is the Lexicon author's greed. He obviously has no creative talent on his own so he strives to earn a buck of Rowling's. These are her invented characters, names, and places. Had he actually gotten permission to write the book, and gone through the proper channels he may have gotten an endorsement. Maybe if Mr. Cards books were as popular as hers he would be in the same position to have to defend his work! |
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Tags |
copyright infringment, fan fiction, harry potter, orson scott card, rowling, warner brothers |
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