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Inspired Wordsmith
Kreacherteacher
Posts: 1,234
Registered: ‎07-24-2007
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HP Lexicon lawsuit

http://www.cnn.com/2008/SHOWBIZ/books/09/08/harry.potter.lawsuit.ap/index.html

 

Here is a link for a judge's ruling in favor of Rowling. I am still on the fence about this issue. I think the website is great, but I think a book encroaches on Rowling's rights.

Inspired Bibliophile
Psychee
Posts: 7,307
Registered: ‎04-17-2007
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Re: HP Lexicon lawsuit

Thanks for that, KreacherTeacher!

 

I don't think she even got enough in damages to pay for her lawyers!  Or was that extra? 

 

I think the judge ruled fairly, but now I'd like to see JKR purchase the online Lexicon as her own and hire Vander Ark to maintain it.  She should also hire him to help her organize her stuff for her own publication.  He did a lot of work on this Lexicon for little profit and did a darned good job of it.  He would be a valuable asset to her and he would enjoy the work.  He's a librarian -- this is what he does best -- and in his own way he greatly increased the enjoyment and excitement of all the discussions people had for the books.  How can you put a price on that? 

 

JKR really needs to do something to prevent this guy from falling into a pit of depression... he idolized her!

 

I'm much less sympathetic to the publishing company which tried to profit from his work -- they really should have known better! 

Inspired Wordsmith
Kreacherteacher
Posts: 1,234
Registered: ‎07-24-2007
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Re: HP Lexicon lawsuit

[ Edited ]
I couldn't agree more, Psychee. The website is awesome, and I have visited it numerous times as I am sure many others have. I hope she does hook up with him professionally. It would be a great benefit for both of them. At the very least, she could hire him as a consultant for her encyclopedia. He would definitely help to keep things straight.
Message Edited by Kreacherteacher on 09-08-2008 08:53 PM
Distinguished Correspondent
Mollywobbles
Posts: 2,931
Registered: ‎06-15-2007
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Re: HP Lexicon lawsuit

Thanks for the link Kreacherteacher.  Did I read that amount correctly?  $6,750?  Surely they forgot to put the M behind it.  I imagine costs are accounted for separately from Statutory damages, but still, if that amount is correct it's a pretty paltry award and won't do much to deter people from copyright violations.
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ConnieAnnKirk
Posts: 5,472
Registered: ‎06-14-2007
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Re: HP Lexicon lawsuit

[ Edited ]

Mollywobbles wrote:
Thanks for the link Kreacherteacher.  Did I read that amount correctly?  $6,750?  Surely they forgot to put the M behind it.  I imagine costs are accounted for separately from Statutory damages, but still, if that amount is correct it's a pretty paltry award and won't do much to deter people from copyright violations.

 

The decision cites that damages may range from $750. to $30,000 under the law.  The judge awarded the plaintiffs the minimum damages figure because the Lexicon was not published.  They get the $6750. by awarding $750 each for 9 books (the novels + 2 companion books).

 

I'm sure it was the permanent injunction and not the money that was the plaintiff's goal.  They got what they wanted, though the judge did make the point that they weren't going to make the defendant suffer much more than losing the opportunity to publish the Lexicon.

 

~ConnieK

Message Edited by ConnieK on 09-09-2008 10:28 AM
~ConnieAnnKirk




[CAK's books , website.]
Inspired Bibliophile
Psychee
Posts: 7,307
Registered: ‎04-17-2007
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Re: HP Lexicon lawsuit

Connie,  did the defendents have to also pay for court, legal, and transportation costs?  Or was that the entire award?

 

I'm not into big judgements -- that just invites people to start up lawsuits -- but I do believe in reimbursing people for the costs of getting justice under the law.

Inspired Bibliophile
Psychee
Posts: 7,307
Registered: ‎04-17-2007
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Re: HP Lexicon lawsuit

[ Edited ]

The judge's full 68 page ruling is here in pdf form - there is nothing in it to suggest that their legal fees were recovered.

 

 

http://online.wsj.com/public/resources/documents/potterdecision.pdf 

 

And, just as I thought, RDR Publishing started this whole thing themselves, going to VanderArk and asking him to publish, promising him that it would not violate copyright laws.  VanderArk was not convinced and made them promise in the contract that they would pay all the costs of any copyright suit.  Good for him! 

 

But before all that happened, VanderArk had contacted JKR's agents asking them to consider hiring him to help her get the encyclopedia together... he was refused.   They told him that she prefers to work alone.

 

Guess where he is now?  He's in England, writing a travel memoir of visiting all the places which gave JKR inspiration... 

Message Edited by Psychee on 09-10-2008 02:10 AM
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ConnieAnnKirk
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Re: HP Lexicon lawsuit

Psychee--I was just going to refer you to the decision, but I see you've already posted the link.  The lawyers' fees on both sides, I assume, will be much higher than $6750.  Somehow I don't think that's a problem on the JKR side......Actually, the copyright lawyers from Stanford, and maybe others, may have worked on the RDR side of the case pro bono due to the high profile and possible landmark decision.

 

~ConnieK

~ConnieAnnKirk




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m4mits
Posts: 7
Registered: ‎07-10-2008
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Re: OFF TOPIC Cafe: "The Shrieking Shack"

I was just looking at the posts and noticed the Lexicon topic...

 

Lexicon lost the case..JKR won.. :smileyhappy:
 the judge ruled in her favor....

 

you can see the article here..

http://movies.msn.com/movies/article.aspx/?news=329881

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ConnieAnnKirk
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Re: OFF TOPIC Cafe: "The Shrieking Shack"


m4mits wrote:

I was just looking at the posts and noticed the Lexicon topic...

 

Lexicon lost the case..JKR won.. :smileyhappy:
 the judge ruled in her favor....

 

you can see the article here..

http://movies.msn.com/movies/article.aspx/?news=329881


Yes; if you read the thread, m4mits, you'd see that the decision has already been announced here.

 

~ConnieK

~ConnieAnnKirk




[CAK's books , website.]
Inspired Bibliophile
Psychee
Posts: 7,307
Registered: ‎04-17-2007
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HP Lexicon Lawsuit - resurrected fom the archives

[ Edited ]

This is a resurrection.  :smileyhappy:

 

 

There is a Wikipedia overview of the case, if you are interested:

 

http://en.wikipedia.org/wiki/The_Harry_Potter_Lexicon

Frequent Contributor
TheChippedWarlockBust
Posts: 41
Registered: ‎08-31-2009
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Re: HP Lexicon Lawsuit - resurrected fom the archives

I read the entire pdf version of the lawsuit and was suprised by several references to in trial snarky comments made by Rowling towards Ark and his Lexicon.

 

While he clearly was trying to make a buck on his work (Which she may feels is more like making a buck on HER work), I felt the comments were innapropriate.

 

She make several comments about his incorrect entomology (sp?), lack of literary critique (saying he added nothing more than an average elelmentary school child who had read the book), and suggesting he copied her descriptions because he was inept or lazy for exampel rather than because he believed it would be difficult to describe the fantasy items without using at least some of her descriptive language. 

 

It is clear from the text of the lawsuit that Warner Bros, the HP game makers, HP editors, and even Rowling herself used the Lexicon and found it to be a useful reference book.  Instead of degrading his work in court, she should have just accepted his overatures at collaborationg on an encyclopedia in the first place and paid him a little money out of those billions she made.

 

Instead, it just got ugly.