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Old 05-03-2008, 11:29 AM   #46
HarryT
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Does anyone really think that this fannish Lexicon will have any serious effect on the sales of a Rowling-authored HP encyclopedia?
No, but that's not the point. No author can let something which so blatantly violates their copyrights and trademarks be published unchallenged. If, as has been claimed, over 90% of the text in the book constitutes material copied from the HP books, then there's no way that it counts as "fair use" under the "limited quoting for the purpose of review or criticism" condition.
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Old 05-03-2008, 01:10 PM   #47
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I prefer to avoid speaking on how I feel about the case and that of copyright.

But, Harry, you keep talking about trademark: I may have missed something but I think you're mistaken here.

As far as I understand, trademark is mostly used to identify the origin of a product. Since the author of the book makes no claim that Rowling is the author, there's no such violation here. Copyright, maybe, but certainly not trademark.
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Old 05-03-2008, 02:41 PM   #48
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Adaline Glasheen wrote A Census of Finnegans Wake between 1950s and 1970s, a handbook listing every single character in Joyce's monster of a masterpiece. I was so thankful to her effort when I studied Joyce in early 1990s. I couldn't have understood the book without Glasheen's work. As far as I am aware, Joyce was not in public domain till 1997. Did Joyce's estate sue her for writing this book? It only made Joyce more accessible and, indirectly, more popular. Most copy-rights fanatics are terribly short-sighted. One good turn deserves another, guess what, A Census of Finnegans Wake is available on the web. The book has had three editions and must have sold some copies, still the late author's son chose to set it free. Go on, there is no excuse for not buying and reading Finnegans Wake now:

http://digicoll.library.wisc.edu/cgi...sheenFinnegans

Last edited by Razi; 05-03-2008 at 02:53 PM.
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Old 05-03-2008, 03:34 PM   #49
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Adaline Glasheen wrote A Census of Finnegans Wake between 1950s and 1970s, a handbook listing every single character in Joyce's monster of a masterpiece. I was so thankful to her effort when I studied Joyce in early 1990s. I couldn't have understood the book without Glasheen's work. As far as I am aware, Joyce was not in public domain till 1997. Did Joyce's estate sue her for writing this book? It only made Joyce more accessible and, indirectly, more popular. Most copy-rights fanatics are terribly short-sighted. One good turn deserves another, guess what, A Census of Finnegans Wake is available on the web. The book has had three editions and must have sold some copies, still the late author's son chose to set it free. Go on, there is no excuse for not buying and reading Finnegans Wake now:

http://digicoll.library.wisc.edu/cgi...sheenFinnegans
I have a copy of "A Skeleton Key to Finnegans Wake" by Joseph Campbell and Henry Morton Robinson, copyright 1944. The opening of the Acknowledgements reads "We wish to thank the Viking Press for permission to paraphrase and quote from Finnegans Wake." Both Joyce's works and the Campbell book are published by Viking Press. I would certainly think you'll find something similar in Glasheen's work.
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Old 05-03-2008, 03:40 PM   #50
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What I am thinking is that the website is free for us to use, but once it's in print, in order to get it in print, we have to pay for it. So it's now charging people for the content that only Rowling is allowed to charge for.
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Old 05-03-2008, 04:01 PM   #51
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I would certainly think you'll find something similar in Glasheen's work.
Here's the reverse of the title page of Glasheen's third edition.
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Old 05-03-2008, 04:55 PM   #52
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Adaline Glasheen wrote A Census of Finnegans Wake As far as I am aware, Joyce was not in public domain till 1997. Did Joyce's estate sue her for writing this book? It only made Joyce more accessible and, indirectly, more popular. Most copy-rights fanatics are terribly short-sighted.
Actually the Joyce estate, specifically his grandson Stephen, has been notorious in preventing scholars from quoting or reproducing Joyce's text. Apparently Stephen is also well known for showing at up Joyce conferences and berating scholars i.e. telling them that their work is useless, not what granddad had in mind etc. (See the New Yorker).

I only wish Stephen had succeeded in keeping Joyce off the syllabus when I was in college.
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Old 05-03-2008, 07:20 PM   #53
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Apparently Stephen is also well known for showing at up Joyce conferences and berating scholars i.e. telling them that their work is useless, not what granddad had in mind etc.
If "Grandad" had actually had something specific in mind (aside from Laudanum, or whatever his preference was) he might have tried writing Finnegans Wake in plain English rather than whatever it was written in ... Middle Gibberish, isn't it?
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Old 05-03-2008, 08:11 PM   #54
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Wow if this thread gets much longer JK will be suing MobileRead. I bet 90% of the words appear somewhere in the Harry Potter books.

I can understand her desire to protect her copyright and she’s within her right to do so but I agree with OSC that this is extreme.

She did managed to scare me off of publishing my erotic novel about Harry, Ron and Hermione’s college trip to visit Fleur Delacour in France. My favourite part was where the flying car broke down in Paris and they spent the night with the sorority girls of Zeta Pii Capa. After that Harry could no longer sleep in a room with a ceiling fan... just like the famous scene from “Apocalypse Now”. I stole that too.

Oh well truth be told the Annie Leibovitz cover photo of Hermione was out of my budget range.

Got to run. There’s a hockey game on don’t ya know.
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Old 05-04-2008, 03:08 AM   #55
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I prefer to avoid speaking on how I feel about the case and that of copyright.

But, Harry, you keep talking about trademark: I may have missed something but I think you're mistaken here.

As far as I understand, trademark is mostly used to identify the origin of a product. Since the author of the book makes no claim that Rowling is the author, there's no such violation here. Copyright, maybe, but certainly not trademark.
Apparently the names of the HP "characters" as well as words like "Hogwarts", "Quidich", etc, have been registered as trademarks. It's all to do with the merchandising rights, and so on.
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Old 05-04-2008, 04:53 AM   #56
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To repeat, I believe that Ms. Rowling has to fight this case to protect her trademarks. She really has no choice but to do so, regardless of the "rights" or "wrongs" of the situation. That's just what you have to do in trademark violation cases. Even if she loses the case, she will still have acted to defend the trademarks, and that's the important thing.
Well, yes, she has to defend any trademarks that are hers. But what trademarks are those? A quick check in the books indicates that all and any trademarks involved are the property of Warner Bros., not of J. K. Rowling.

The case includes a claim of federal trademark infringement (including colorable imitations!) -- though without identifying just what trademarks are involved -- but any damage mentioned in this context is to Warner Bros.

So Rowling has other fish to fry than trademarks.
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Old 05-04-2008, 11:05 AM   #57
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If "Grandad" had actually had something specific in mind (aside from Laudanum, or whatever his preference was) he might have tried writing Finnegans Wake in plain English rather than whatever it was written in ... Middle Gibberish, isn't it?
bababadalgharaghtakamminarronnkonnbronntonnerronnt uonnthunntrovarrhounawnskawntoohoo-hoodenenthurnuk!

- a single "word" from the third paragraph of Finnegan's Wake. I like it!
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Old 05-04-2008, 11:16 AM   #58
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Originally Posted by vivaldirules View Post
bababadalgharaghtakamminarronnkonnbronntonnerronnt uonnthunntrovarrhounawnskawntoohoo-hoodenenthurnuk!

- a single "word" from the third paragraph of Finnegan's Wake. I like it!
Are you sure it is not misspelled? How did that e get in there.

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Old 05-04-2008, 12:08 PM   #59
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Inspired by this thread I looked up Finnegans Wake, and I found out that it is available on the internet for (legal) download. So I have opened it, started reading ... and ... ran away screaming ;-)

I have even tried to listen to a little free example of the audiobook. <shudder>

What language is that book written in?
Is it old english, a fictional language resembling something like old english, or is it rendering of someone speaking english in a really, really thick accent?
Did anybody ever find out?
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Old 05-04-2008, 12:21 PM   #60
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Inspired by this thread I looked up Finnegans Wake, and I found out that it is available on the internet for (legal) download. So I have opened it, started reading ... and ... ran away screaming ;-)

I have even tried to listen to a little free example of the audiobook. <shudder>

What language is that book written in?
Is it old english, a fictional language resembling something like old english, or is it rendering of someone speaking english in a really, really thick accent?
Did anybody ever find out?
It really is quite different and I haven't developed a taste for it either, yet. But it has received a lot of attention over the years and I have read that it is an important and very interesting work. I'll be reading something else for awhile, I assure you.
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