Three-day trial ends, decision far from near
Maybe I Need a Reference Guide for This Case: That was Judge Patterson’s commentary at the close of testimony. Again, he urged the parties to consider settlement, reminding them that fair use is a “murky area” of law. Hammer then requested the opportunity to make a closing statement, which was a good call because his co-counsel, Anthony Falzone, delivered a strong one.
Posted by Andrew on Apr 16th |
326 Comments


Visitor Comments















I hope she wins! 1st?
I don't really get the reaction to this case. Sure, the guy's going against the author's wishes by publishing such a book, but J.K. herself has praised the site for its accuracy and utility. If the book is a carbon-copy of the site, you'd think her comments would still stand. I don't want the Lexicon to be released, especially if it affects the potential release of anything else by Rowling, but this guy may have a legal right to publish the thing. There IS a precedent for this type of derivative work summarizing plots, characters, etc. It's not like he hasn't been profiting off of the site for years anyway with the same content. Please set me straight if I'm wrong. The guy has a moral and ethical obligation to cease and desist, but he may not be violating the law, at least in the U.S.
i rly hope she wins the case... YAY JO WE SUPPORT YOU
"Maybe I Need a Reference Guide for This Case"... this Judge is stupid. Just that sentence shows that this Judge does not know what he is doing. He should learn about copyright laws instead of hamming it up for the camera. The Lexicon copies 92% of J.K. Rowlings material. It does not fall under fair use. I don
This is horibble. Why does the Lexicon need to put out an encyclopedia? It's completely unneccisary. I'd rather wait however long it takes for an official encyclopedia from JKR than a bootleg one from some fansite anyday. I really, really hope JKR wins this!
This is ridiculous. RDR just needs to back down. they are not scoring any points with fans. Go Jo!
"Maybe I Need a Reference Guide for This Case"... this Judge is stupid. Just that sentence shows that this Judge does not know what he is doing. He should learn about copyright laws instead of hamming it up for the camera. The Lexicon copies 92% of J.K. Rowlings material. It does not fall under fair use. I don
btw... i dont think he makes money off the website, rly how would he? but if he published the book then he would be making a fair bit of money for something he doesnt even own... also, none of the material on the site would be copyrighted by him, but if he published it then it would all be copyrighted as his own work... thats what jo is tryin to prevent i think... and if he was able to publish a book like that then it would insire many others to do the same and if so many people did that, many people who have hardly read the books might try it to make some quick money off it, and then the information would not even be correct... thats my point of view anyways
If Jo doesn't win this there is something seriously wrong with the world... GO JO!!!!! i'm behind you 110%
...I don
Well, he has advertisements on his site, so he makes a certain amount of money off of those. I've made about $40 off of my blog from about 5,000 views, so it's not hard to imagine that he would make a decent profit off his site. I understand your perspective, dumbblonde1010. I just don't like the way copyright law is ever-expanding. I'm not a legal expert, so there's probably enough precedence on this case for a judge to decide. I just wish that Vander Ark had negotiated an exit clause with his publisher to avoid this sort of mess. I'm aware of the money to be made with a book like this.
For some reason my replies are getting cut off. I tried to repost but it didn't work sorry for the extra posts.
You're ok Bellatrix. Man, I just wish this trial would end! (And come out in Jo's favor!) :)
THIS IS ALL BS!!!!!!!!!!!!!!!!!!!!!!! !!! HAHA GO LEXICON! HAHAHA THIS IS SO OLDDD!!!!!!!!!!!!!!!! WE ALL NEED TO GO BREATHE IN A CORNER FOR A WHILE... THEN WE SHALL ALL STEAL BOWLS FULL OF WATER.. THEN WELL RUN AWAY WITH SNAKES AND JUMP ON TRAMPLOINES.... THENNNNNNN JO WILLL LOSE SO WELL CRY AGAIN... U GUYS WILL ANYWAYS
Str8_up_lee, will you please stop acting so juvinile?!!! Why are you being so mean? Is it fun? Do you enjoy it? Or are you just seeing how long it will be until you get banned from the posting boards? Your comments are completly pointless! If you don't have anything logical to say don't say it at all!
IF UR SN IS GRANGER345 THEN GO AND CHASE WORMS!! HAVE U EVER THOT THHTA MAIIBE MY COOMENTS HAVE DEEPER MEANING THAT WUT WUT MEETS THE SCREEN? I THOT NOTT!!! HAHAHA IVE BEEN "BANNED" FOR A WHILE NOW DUDE! NO IITS NOT FUN AND IM ....... WELL ITS HARD FOR ME TO SAY.... OKAII FINE IM HUNGRYYY!!!!! HAHAHAHAHAHAHAHAHAA WUD U THINK ID SAY? SOORRRY??? HAHHAHAHAHHAAHHAH IM NOIT BEING MEAN IM EXPRESSING MY THOTS
Why are random things being bolded in these news stories?
I agree JK should win or at least settle, but how she's handling this case is really making my respect for her drop, mainly from her insults towards SVA's writing, which is definetely superb. I think people really need to realize that JK is not a god, and is not this perfect person stereotype we've given her. Those insults really are not relevant to the case and are coming from emotion and a point of view, not fact. JK Rowling has the right to stop things from mooching off of her work. She doesnt have the right to insult people's writing quality. So I vote they settle.
I am a die hard HP fan but I don't see the big deal of this guy trying to make a quick buck, no one will take his encyclopedia as serious as they would JK's..It's like when I used to live in the Cayman Islands, there was a place called Macdonalds...Everyone would say to me hey did you know there was a Mcdonalds on the island, I would tell them, its not Mcdonalds its macdonalds....it was pretty much named the same way just to make some more money...Remember in our society we don't teach people ethics, morals or how to be good, we teach people how to get rich...
will anybody buy this book if it came out? i know i wouldn't. when you create something you shouldn't have to worry about some lowlife trying to make a buck off your hard work. thats what this is about. i'll never visit this guy's website again. and if the book did come out no one i know would buy it. hopefully no bookstore would carry it.
heckboy your totally on the same page as me, wont support it now or after it gets published (IF it gets published)
ugh idk who i want 2 win. i just want 2 know who wins or not 2 get over it!
I
Posted by Bellatrix__Lestrange "The Lexicon copies 92% of J.K. Rowlings material." -- 92% of all statistics are made up you know.
Posted by Bellatrix__Lestrange "The Lexicon copies 92% of J.K. Rowlings material." -- 92% of all statistics are made up you know.
I'm sorry, but this case is absolutely ridiculous. I am i diehard HP fan and a huge fan of Jo, and I always have been, but this, in my opinion, is completely wrong of her. I am very disappointed in the way she has been handling this situation, and I have lost some respect for her. Steve Van der Ark had, apparently, one of the best sites out there in her eyes, until she found out he started making money off it. That, in my eyes and in the eyes of many other people I have spoken to, is low and wrong. The guy has every right to make money off of a book as long as he is not claiming Jo's work to be his own material - which, may I remind all of you, he's not. I completely support him in this case, however much I may love Jo. I think that some of you should look past your love for Jo and see that she is really being unjust here.
I wish other fans could stop blindly supporting JKR, and actually do their own research on the case, especially the suit on fair use. There are many articles and blogs on The Wall Street Journal and MSNBC that actually strive to report on the case objectively. And as for the blogs, they see both sides to the case, and can see strengths and weaknesses to both JKR/WB and RDR/Vander Ark. It's not "JKR will win." It's a toss up at this point. People, please stop blindly supporting something you like without really knowing the full story. It doesn't hurt (and it doesn't take much time) to do further research. At the VERY least, DO NOT get all your facts SOLELY from a Harry Potter fansite. Of course they are going to support JKR (although, I do wish they could report with less bias).
alfie3424 could you explain how she is being unjust by trying to protect what is hers?
some of you guys are more obsessed with jk rowling then hp, its a little weird. so what she sued the guy, unjustly too, that means no real fan can buy the book? sorry didnt know i had to have to love some old ugly brit ive never met just so i can read harry potter. how do you know the guys a low life? lol yeah right no book store will carry it, like they care.
I don't understand why the Judge is having such a hard time deciding what to do. 92% plagiarism = NOT STEVE'S ORIGINAL WORK. It's all stuff we can already learn from the books or could have learned from the Lexicon site when it was still up and FREE. This book is utterly pointless and anyone who is lured into buying it is just stupid. Wait for JK's encyclopedia to come out - with NEW stuff - and don't give Steve any of your money if he ends up getting it published. He's just a spotlight seeker and is drowning in his own hubris. Don't feel sorry for him - he should have known this was wrong based on the many lawsuits that have happened before based on copyright infringement with Harry Potter. That he even thought for ONE second that this was okay displays an appalling lack of brain cells.
Grind3lw4ld i said hopefully no bookstore would carry it. please read what is written before making a comment. also how do you know he's not a lowlife?
Go Jo!!! The Obvious solution would be to (quickly!) release her own encyclopaedia, therefore making anything RDR could release more-or-less redundant.
And also? To those of you who feel so sorry for Steve and think Jo is handling this in a bad way - do you know what Steve winning could mean? Tighter restrictions on Jo's copyright. Meaning limiting fan fiction and possibly wizard rock. Do you know why authors like Anne Rice refuse to let fan fiction of her works on the internet? Because she has a tight hold on her copyrights to permit ANYONE from coming near her work and claiming any portion of it as their own. Jo may have to do this if Steve wins. So whine all you want about Jo being unfair, but Steve winning could mean no more fan fiction sites and maybe even no more wizard rock.
Oh, this is making making me nervous! I really, really hope this turns out in Jo's favor! She's one of my biggest role models, and is part of the reason I decided to go into writing. Good luck again, Jo!
lol "please read what is written before making a comment?" follow youre own advice kk, heres what i said: lol yeah right no book store will carry it, like they care. Now, please tell me where i imply you DIDNT say hopefully. yeah. how do i know hes not a lowlife? i dont. but generally if you dont know about a person you dont call them a lowlife. i dont know you, how about i call you a nazi? you dont just say something negative if you dont know anything.
snapdragon, none of us can tell the future. (right?) I could argue jo winning means WB can just sue anyone they want for things like fan fics and wrock and win. And if steve wins and it means bad things for harry potter, then its jo's fault. SHE is the one who decided to sue, i dont remember steve suing himself. its her fault if youre prediction comes true.
i hate 2 say i kinda agree with grinds. it seems that some of u r obsessed with jkr than hp. i also agree with alfie3424 and Tarhisie. some of u guys r just saying GO JO without really thinking. idk who i want 2 win but i think this case is ridiculous and the fact that some of u think that jo deserves EVERY award, EVERY lawsuit. dont get me wrong i love jo and hp im just saying....
I think that, this whole trial has its good and bad side. Jo, looked pass her love and need for Lexicon when she needed it most..(when she was writing), and well, she turned her back against it. I know that she is fighting for HP's copyright to be more tighter, but, hey, have anyone did a court trial for any other HP related books?, i mean, there are so many HP based books and otehr things. Hey, if Jo wanted to stop this Encolpedia from being published, she also may can try to shut down every single HP fan website out there, because, isnt it taking the HP name and content?.. Okay..I know im being bias here, but seriously, Im just being in the middle, and if this Lexicon encopedia is published, I will NOT BUY IT, i wouldnt mind to wait lets say, 10 years or so, I would wait that long for it, i would only buy J.K.Rowling's work, not someone else's. ^_^
Grind3lw4ld i would think book stores would care quite a bit. why carry something if it isn't going to sell. anybody who tries to make a quick buck of someone elses work is a lowlife in my book. and i'm not sure how you equate calling someone a lowlife and a nazi as the same thing. but it tells me a lot about you. enough with the childish crap. i'm not supporting jkr i'm supporting what i think is right.
If Jo was going to stop this freight of HP copyright, then she should do the same to ALL THE OTHER HP RELATED BOOKS, its not fair just to go and stop this book, when she didnt do it with the other books..xD
how do you know its not going to sell? like i said none of us know the future, but looking at past examples, hp books sell ok. not everyone who likes hp is a die hard fan, id estimate most of them dont even know this is happening. so hes trying to make a quick buck off her thats the issue? so in youre logic pretty much every buisness, every store is just filled with low lives. ok, if thats youre idea of a low life then its not even an insult. I compared the 2 because you dont know this person, how do you know if hes a lowlife? just like i dont know you i cant call you a nazi. childesh crap? if you dont like it stop arguing with me, not hard. thank you rob, and hi
Umm.. her fault if my prediction comes true? The books are HER PROPERTY. 92% of the information in Steve's encyclopedia is HERS. EVERY author has the right to protect their copyright. Just because Jo is targeted so much and has to defend herself and her work so much doesn't mean that she deserves any of this. She's targeted so much because she's a billionaire. And I guess, to you, because she's a billionaire and still refuses to let her work be replicated, it makes her a bad person? That doesn't mean STEALING her stuff just because she's a billionaire is any less wrong or presents any less of a burden for her. Yeah, she's said some pretty impassioned things against Steve during this trial, but let's face it.. she's sort of being betrayed by someone who should know fully well they're trespassing upon something that isn't theirs. She values her work and her rights above the money she makes for them. I think that much is made clear by the fact that she would rather have only her encyclopedia published, the proceeds from which will be going to CHARITY rather than her own pocket, than have this guy who has had the Lexicon up for free for years let his be published so that only HE and his publishers can profit. I don't understand what part of HER PROPERTY you don't understand. Jo has the intellectual authority over her own series.. no one else should be allowed to touch upon that. If you would have been to Lumos, you would have been able to see how full of himself Steve seems to be.
Oh, and im making a very big point, why the hell are you calling people having a LOW LIFE? >.
Grind3lw4ld, you just love trying to make other people mad, I doubt you actually care what happens in this case. Funny stuff. snapdragon, you're right, obviously. *waits for Grind3lw4ld to make comment saying that no one is obviously right and there are different opinions that can be valid and that I'm in love with JKR*
Well Atleast I can promise one thing to Jo, that if God forbid Jo loses her case, I wont be buying any of this stupid Lexicon. That guy who wrote this lexicon calls himself a fan..well I can tell u one thing 'NOT IN MY NAME'.
where did you get 92%? hey mugglenet has a lot of stuff from hp, where is the line between ok i can sue you and its fine? the lexicon online has a lot of stuff from hp, why not sue them? stop acting like jo is a victim here, shes not "targeted" by anyone, shes doing the targeting.
QUOTE: hp_lunatic ~~~~ Well Atleast I can promise one thing to Jo, that if God forbid Jo loses her case, I wont be buying any of this stupid Lexicon. That guy who wrote this lexicon calls himself a fan..well I can tell u one thing 'NOT IN MY NAME'. ~~~~~~~~~~~ I AGREE ^_^
And about that whole "low-life" thing. When WB asked RDR to send them a copy of the book, RDR said to them "get one of your people to print the website" and, during all of that, sued WB for using the timeline Steve made for the movie. The timelime came from JO'S brain, not his, and Jo could have very well made herself, and it probably would have been better. So, please.. I would LOVE to hear how that ISN'T being a low-life. Do share.
@ Grind3lw4ld: it is 91% and it is from a court exhibit showing what portion of SVA's book is directly lifted from Jo's text in her books. Mnet has a link to the graphs...very simple to read them. And, they are in pretty colors for you too.
lol snap dragon, id love to hear where you got that from. do share. thanks decagon theres non need to be rude about it ok? thanks. roonil no one is right but you! no one is right, go back to making out with that picture of jo in youre closet.
Back to Top