MuggleCast #142: Court is in Session
- The trial was very emotional for both Jo and Steve but did it have to get to this point?
- We review testimony given and comments made by both sides and offer our thoughts.
- Breaking down the "fair use" doctrine, we try and get inside the head of Judge Patterson.
- Which of the four categories of fair use would go in Jo or Steve's favor?
- The negative impact this could have on the Harry Potter fandom and the "floodgates" that could open.
- Elysa brings up a few previous court cases that have dealt with the "fair use" doctrine and the precedents set seem to favor J.K. Rowling and Warner Bros. (Harper and Roe Publishers vs. Nation Enterprises).
- Make the Music Connection provides some laughter after a very serious episode.
All that and much more discussion can be found on this week’s episode! To download, we recommend subscribing for free through either Apple iTunes (press Subscribe once you're there) or the ZUNE Marketplace. If you are already subscribed, just refresh your feed. You can also find full shownotes and alternate download links at the MuggleCast website.
Posted by Andrew on Apr 19th |
91 Comments


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ID LIKE TO TAKE THIS OPPURTUNITY TO ASK MUGGLENET USERS TO STOP WITH THE HORRIBLE DEROGATORY COMMENTS THAT ARE BECOMING TOO NUMEROUS. MN IS A FORUM ABOUT HP, AND NOT THE PLACE FOR NASTY COMMENTS!!! ANYONE WHO CARES ABOUT HP AND MN, IGNORE NEGATIVE COMMENTS, DONT RISE TO BAIT, AND REPORT NEGATIVE POSTERS!!! FLOOD MN WITH POSITIVE MESSAGES ACTUALLY RELATED TO THE POST AND HP!!!!! ----PASS IT ON!!!
Wow, sounds like a really good episode Mugglecasters! :) I don't really understand the whole trial and I was looking forward to you guys talking about it. I can't wait to listen!!
yay new MC!!! i LOVE mugglecast!!!!!!!!
ive never listened to mugglecast b4 sounds good tho
Open the "floodgates" is right. Over the last few posts, people have gotten very incensed about issues, and there have been some serious arguments. Reasoned debate over an issue is a great thing. However, there have been some terrible name calling and disgusting statements on the message boards. We all love Harry Potter, and these message boards should be a positive place to express our views. If you read over the comments from the last couple of days, I think you'll be shocked as I am. Certain people have been blocked for their comments, and have made new usernames to continue saying terrible things like racist and sexist slurs, discriminating against different religions, threatening violence and rape, or being just plain derogatory. Make a point to ignore these people, and to report any negative comments by emailing abuse@staff.mugglenet.com . Pass it on, and don't let this continue!!!!
dont let the racism continue please but everything else is ok
elysa is back! i like her, been locking forward to this episode, there's a lot I don't have clear with the trial
Hehehehehe. MOAR JAMIE.
yay elysa! i wish she would become a regular.
derogatory comments of any kind have no place here...what would cedric do? ;)
LOL @ Law and Order!
"we taken" proofread ... but cool I wish I could listen.
yeah they make those little typos from time to time its pretty funny..what do u mean law & order?
sweet, cant wait to listen to it. and Elysa's back!! yay.
what do u mean law & order? - LAW. AND. ORDER. The show. They used the theme song. -__-
MUGGLECAST = YAY. I really wish Jamie could have been on this episode, though. He always has wonderful insight. :)
o havent watched it yet--haha i know what l&o is, luv that show ;)
Awesome! Can't wait to listen!
wow KaitlinM very nice speech above. I agree with everything except not rising to the bait. This is only b/c I enjoy heated debates except when people make pointless or unnecessary comments. This sounds like a great episode of Mugglecast, can't wait to hear it!
i love heated debates too! the pointless and unneccessary comments are what i hate! i love a good arguments, but lately on MN when you make a good argument and the other person doesnt have an answer, they make an extremely nasty and rude comment instead, the kind of which I dont want my little sister and other kids who visit the site to see.
: ) !!!!!!!!!!!!!!
can't wait to listen...
I just finished listening - EXCELLENT episode! I love the heated discussion! I wish it was a live show so we could join the debate.
listening now, so glad they dicussed this! I've been waiting. Micah is my favorite in this episode! Laura and Elysa are a close second. I love Eric for his commitment to try to just look at the facts. Andrew steers the conversation very well. seriously Micah pwns.
I think that this would have honestly made an excellent live show. I would love to listen/participate in debate over this on a show. Anyways, I loved the show. Nice job to everyone, especially Micah. He really spoke up this episode. :)
y do u listen to mugglecast if they annoy u so much?
they are ok when they are you know talking about hp, but about anything else they get all opinionated and annoying
opinionated?? in an opinion-based discussion group? gasp! :p
"you guys"? dont u care too? otherwise y do u listen? and if u dont listen, why are u even bothering with this post?...unfortunately, we r out of books, so they have to find other potter-related things to discuss. they have to be intelligent to draw on other things going on to come up with things to talk about. its obviously a big deal, its stirred up a lot of controversy on the site.
I kind of know what you mean Grind3lw4ld. I'd rather hear more discussion on H than other things. But every now and then it is refreshening to hear discussion on HP related topics, like the trial, rather than just constant book based discussions. It adds a bit of interest. lol KaitlynM in your last post "controversy" is an understatement.
Can I just take a moment to note this irony? Grind3lw4ld is talking about how much (s)he doesn't want to hear about the trial; meanwhile, everyone else on MuggleNet doesn't want to hear about how much (s)he doesn't want to hear about the trial. That's just sort of funny. Anyway, thanks MuggleCasters for an awesome episode. :)
imightlikeharrypotter, this news post is about the mugglecast episode, so i am perfectly free to discuss the mugglecast episode :)
yeah, i guess its refreshing. i just dont like how they argue outside of harry potter stuff i guess
Yo..this podcast was great. I love how they presented what could have been a very serious discussion so creatively. Especially the part where they introduced j.k rowling and steve vander ark as a 12 year old..i was laughing very hard. Overall great dicussion...it got me more informed and more "into" what the trial was about and the specifics in a fun way : )
Ok, ERIC absolutely SHINED throughout the entire episode. He's the most level-headed and intelligent of the postcasters, in my opinion. Also, nice taste in music! Though WITCHCRAFT is the PERFECT song for Tom Riddle Senior and Merope Gaunt. I can't understand why nobody thought of this. Great episode, anyway!
Yaaaay, can't wait to hear it! And KaitlinM: I agree about the bad stuff in the comments. The things people are saying completely shocked me..
First off, I love Mugglecast. I really do. You guys are absolutely hilarious, light-hearted, and fun. I don't understand, however, some things that were said in the show. I do agree with Micah, Laura, and Elisa. Andrew and Eric came off as a little flippant in some parts, though. For example, they said they would buy Steve's book. They certainly have a right to, but why would you contribute to something that so blatantly steals Jo's work as a fan who knows the whole story? I'm not speaking from a legal perspective at all. I'm not sure who, legally, should win the case. As one of the girls said, though (not entirely sure which), based on principle, JKR/WB should win. I mean, 90% of the lexicon book is completely and entirely Jo's words. As a fan of her, I would never buy something that is not only completely wrong in my eyes, but also something that she feels so strongly set against. Uh, not to mention, it's free online. :p I'm certainly not questioning Andrew and Eric's or anyone else's level of being a fan. Everyone here at Mugglenet are obviously big fans, but when things like that are said, it just throws me for a loop. We have all made lifelong friends, had hours of fun, and been a part of something amazing - not really because of Harry Potter, but because of Jo Rowling. Without her, there would be no Harry Potter. It's hers. Steve has stolen her work for whatever reason, and everything points to the reason being for prophet, which is a no-no because of everything this is dealing with and has dealt with. I feel bad because I know what a huge part of fandom he was, but I do feel that he brought all of this entirely upon himself and I can't bring myself to pity him as a person. Jo has been so amazingly trusting, having such a huge fan base doing God knows what online, and one of her supposed biggest fans stabbed her and all of us in the back. Do I think SVA intended for all of this to happen? No, of course not. Does he probably wish that he would never have ...
signed the contract and went on with this? I'd say he probably does. He still went ahead and did it, even when the person responsible for him having Harry Potter in the first place told him she would rather him not. I have no idea what justified that for Steve in his mind. He made a choice and now he has to deal with it. I don
"Elysa brings up a few previous court cases that have dealt with the "fair use" doctrine and the precedents set seem to favor J.K. Rowling and Warner Bros. (Harper and Roe Publishers vs. Nation Enterprises)." This is a bit of biased reporting, since there is also precedent that goes against JKR (e.g. Sony/Betamax). This is why Judge Patterson says that the trial is dealing with areas of American law which are unclear, and why the trial could go either way.
haha i loved the law and order music at the beginning! I emailed in that I think this should go on the wall of fame... what do you guys think?
^ I agree - this episode is Wall-of-Fame material!
ELYSA IS BACK! VIVA THAT! Yay! We love you Elysa! (The facebookers of that 'Make Elysa a permenant host' exploded with excitement last night because you were on this podcast!) We missed you so much :D I missed you all. I had to survive a whole week like everything else...dang history & science. I listen 2 old episodes like 30-120 during those. Cuz they r history 2 :P lmfao
It's not working for me, I dunno why. :(
I think it is a really good idea to have a podcast talking about the court trial. I should start downloading podcasts onto my iPod.
ok i don't really understand this whole trail thing but i understand it enough to sya "Don't worry JK were all right behind you!!!!!"
This was a great episode you guys! Definitely Wall of Fame worthy. :)
There should be a poll asking whether we would buy the book or not. It would be interesting to see the outcome, although I'd be willing to bet most of us would not consider buying it... That was a great episode! :)
HELLO CHEESESHITIANS!!! CH'YEAH! I HAD THE PROM LAST NIGHT AND IT WAS A BLAST! MY DATE JAMEELA KEPT TELLING ME AT THE DANCE SHOWDOWN, "SHANE, YOU SUCK AT DANCING!" LOL. AND KAMIL WAS BEASTY! NOW ALL THAT'S LEFT IS THE TALENT SHOW (WHICH I'VE ONE FIRST PLACE BEFORE, SENIOR WEEK, AND GRADUATION!) ANYWAY, ARI, OF COURSE YOU DON'T LOOK AT YOURSELF... YOU'RE FUGLY! THE MIRROR SHATTERS WHEN YOU LOOK AT IT. AND MARIE, DON'T TALK ABOUT EMMA WATSON AGAIN! YOUR EYEBROWS CONNECT AND YOU LOOK GROTESQUE. ALL BUSHY AND shhh! SUCH LIARS! ARI WAS THE FIRST ONE WHO TALKED ABOUT WEBCAM, NOW SHE'S BLAMING IT ON ME! HA!
sigh... he sure told us off ari, no jokes.... and emma and my eyebrow connection? dude, u. dont. know. me. calm ur ass down ur just mad cuz u went to the prom and didnt get some, i dont think thats ever even happened before but i guess anytings possible when ur head is shaped like that ^_^
*sighs* Pheonixnight, was that really necissary? We really don't want to start anymore fights.
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