Post by Alexander Verto on Apr 15, 2008 22:40:42 GMT -5
Jo Rowling took the stand Monday against the proposed the book version of the popular Harry Potter fan site lexicon. The case which is heavily centered around the "fair use" argument which is defined as the following,
The lawyers for both the author and warner brothers argue that this book "lifts whole passages from the Harry Potter books and goes beyond a guide to the world." (authors note, not actually quoted from any of the case thus far)
Jo took the stand Monday, Van Der Ark took the stand today - the case will continue tomorrow and Thursday as expected.
The most recent update came from Judge Patterson -
Having not read the book myself nor appearing in court for a first hand experience I can only ad-lib in my own view of this book. As a fan of Jo and her work I fully without a doubt stand behind her in this legal case. Not for a moment do I believe this book is more then a poor attempt at piggybacking off of what she was planning on writing in the near future. This encyclopedia lacks creditable discussions on subjects briefly focused on within the books themselves and leaves much to latin translations and guessing.
Seventeen years Jo has been on a journey that has not only brought her name in to the spotlight as a fabulous author but managed to give her and her family a second chance at living a good life. She has spent hours upon hours doodling and scratching out things in piles of notebooks which would come to form the 'Potter Plot.' She is the creator of a mysterious world of creatures, and love able characters that you just find yourself getting emotionally attached to. From the rather demented villainous Voldemort to the caring, jolly Luna.
The most important point of this whole case is Jo herself - without her the case would simply not exist. This forum would simply not exist, wizard rock would not exist without J. K. Rowling.
(The above piece has today's information)
Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test.
The lawyers for both the author and warner brothers argue that this book "lifts whole passages from the Harry Potter books and goes beyond a guide to the world." (authors note, not actually quoted from any of the case thus far)
Jo took the stand Monday, Van Der Ark took the stand today - the case will continue tomorrow and Thursday as expected.
The most recent update came from Judge Patterson -
Judge Patterson removed his glasses and addressed the court. “I’m concerned that this case is more lawyer-driven than it is client-driven,” he lamented. “The fair use people are on one side, and a large company is on the other side. . . . The parties ought to see if there’s not a way to work this out, because there are strong issues in this case and it could come out one way or the other. The fair use doctrine is not clear.”
Having not read the book myself nor appearing in court for a first hand experience I can only ad-lib in my own view of this book. As a fan of Jo and her work I fully without a doubt stand behind her in this legal case. Not for a moment do I believe this book is more then a poor attempt at piggybacking off of what she was planning on writing in the near future. This encyclopedia lacks creditable discussions on subjects briefly focused on within the books themselves and leaves much to latin translations and guessing.
Seventeen years Jo has been on a journey that has not only brought her name in to the spotlight as a fabulous author but managed to give her and her family a second chance at living a good life. She has spent hours upon hours doodling and scratching out things in piles of notebooks which would come to form the 'Potter Plot.' She is the creator of a mysterious world of creatures, and love able characters that you just find yourself getting emotionally attached to. From the rather demented villainous Voldemort to the caring, jolly Luna.
The most important point of this whole case is Jo herself - without her the case would simply not exist. This forum would simply not exist, wizard rock would not exist without J. K. Rowling.
(The above piece has today's information)