Judge Patterson Calls for Settlement
Judge Patterson Calls for Settlement Towards the end of today's cross examination, Judge Robert Patterson stopped the testimony to question the trial as a whole. From the Wall Street Journal:

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.”

The Fair Use Doctrine is a United States Law, defined accurately by Wikipedia as allowing "limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review."

You can read more of what happened at today's trial concerning Lexicon author Steve Van Der Ark here. The trial has ended for the day and will continue into tomorrow and Thursday.
Posted by Andrew on Apr 15th | 152 Comments
Visitor Comments
Posted by Grnd3lW4Ld Apr 15th 2008

This could have been done earlier if jo didnt love media attention.


Posted by ickle_diddykins Apr 15th 2008

Right now, I'm not at all surprised with the judges decision.


Posted by tiassa Apr 15th 2008

shut it grinds. he's right I think, it sounds like SVA got back to his senses and doesnt want to continue


Posted by snottlebie7 Apr 15th 2008

me either


Posted by xLuna_Lovegoodx Apr 15th 2008

Maybe a settlement is a good idea, I mean, people would still buy Jo's encyclopedia even if he publishes his own version, right?


Posted by moony08 Apr 15th 2008

I agree tiassa. I'm not surprised at the decision though.


Posted by ickle_diddykins Apr 15th 2008

@ xLuna_Lovegoodx I would buy both.


Posted by Grnd3lW4Ld Apr 15th 2008

lol cant wait until my comment is deleted. to add on to that, anyone who uses lawyers instead of themselves to talk to someone whos their FAN is either stupid or has another agenda. shut it tiassa. see i can do that too, fun rite


Posted by moony08 Apr 15th 2008

Grnd3lW4Ld... *sigh* get a life


Posted by Larael Apr 15th 2008

Hey everyone, just because we're a bit ticked doesn't mean we need to take it out on one another. This is a blow, but personally I still think Jo can pull through. Sure, the fact that there's a law for this sort of thing does make things more complicated however I think it would be common sense for them to rule in Jo's favour. It's her ideas, her series, her characters, her life...


Posted by HPFAN4LIFE_01 Apr 15th 2008

Jo has all rights to Harry Potter! She should have last say with all of it. She should not settle with RDR publishing company to publish that book. I dont think she will though. I dont believe she strives or loves the media attention. As far I heard, she has tried to limit the media attention around this as much as possible. She isnt doing this to get attention or money, shes protecting the 17 years of hard work she's put in! She has the right to that.


Posted by snottlebie7 Apr 15th 2008

agreed


Posted by Grnd3lW4Ld Apr 15th 2008

This isnt about em moony, is it? you dont go to a fan site about books created by me.


Posted by Mike7Snape Apr 15th 2008

Jo has every right to stop the publishing. No one can publish and addition or sequel to a literary work until years (it's between 20-50, I can't remember atm) after the author's death. Jo is not being greedy. She wont get anything from rdr I think rdr should give up. They have no case


Posted by Larael Apr 15th 2008

Amen to that, HPFAN4LIFE! You completely blew what I said away. :D I do hope Jo doesn't settle for this.


Posted by tiassa Apr 15th 2008

yes you can grinds, but when I get tired and retire to sleep someone will come and take my place. This is because you annoy more people then I do in case you were wondering.


Posted by moony08 Apr 15th 2008

She should pursue, she has a right to. Maybe this case could be an example for all involving copy righted material.


Posted by Grnd3lW4Ld Apr 15th 2008

good for you then tiassa. bye! please?


Posted by Burdman624 Apr 15th 2008

I second HPFAN4LIFE!... if this isn't copyright infringement it is pretty close. He has no right to try and publish this encyclopedia being that it involves direct content from the HP books among other things. You don't see people publishing stuff around the Lord of the Rings world or Narnia now do you? Jo's the rightful owner to the HP rights and she alone should be able to decide where to draw the line...


Posted by colorfulcrocs Apr 15th 2008

I agree with the judge that "this case seems to be more lawyer-driven than client-driven". It seems like the case has stopped being about Steve's particular book and has become a media boon for fair use issues everywhere. Kind of sad that everyone has to go through this.


Posted by Ganger345 Apr 15th 2008

Don't listen to anyone who's rude to you Tiassa. They're just being sore.


Posted by tiassa Apr 15th 2008

I agree with HPFAN4LIFE and everyone else who made the same point. She should do whatever it takes to stop the publication. And if all else fail(which I doubt) we will just boycott it


Posted by berts_is_me Apr 15th 2008

They should both settle. That would be the closest thing to a happy ending, that this will get.


Posted by Alturin Apr 15th 2008

Ah, jup, seems the judge agrees with what I said ( http://mugglenet.com/app/ news/show/1574 ). I hope they can work something out together, instead of with lawyers... those lawyers probably just want to see money, whereas Jo has more 'n enough money I doubt she's after more. As for Steve... I'm still hoping that he'll say "I pull back" before this escalates.


Posted by Grnd3lW4Ld Apr 15th 2008

tiassa is a big girl ganger345, she doesnt need youre help ;) thanks though.


Posted by Larael Apr 15th 2008

Boycotting sounds like a fantastic idea. Seriously, RDR should have never picked a fight to begin with. Even if their book does get published, how many people will buy it? At this point, I think they've probably turned away several prospective buyers. It's despicable..


Posted by moony08 Apr 15th 2008


Posted by Hannah_Montana Apr 15th 2008

At least someone is sane... why shouldn't she settle? It would save everyone a lot time, money, and heartache. The judge is right. Fair Use isn't a black & white thing and if the judge says this case could go either way then I believe him. Perhaps some are jumping to conclusions when they say Jo is 100% right in this situation. I'm an artist too and while I would love to absolute say on everything concerning my works, the law simply doesn't work that way.


Posted by waterboy100 Apr 15th 2008

Posted by colorfulcrocs 4 minutes ago I agree with the judge that "this case seems to be more lawyer-driven than client-driven". It seems like the case has stopped being about Steve's particular book and has become a media boon for fair use issues everywhere. Kind of sad that everyone has to go through this.----------------The problem is that any decision reached by the judge (as any decision in any court case). If JKR shuts down the lexicon becuse she feels that it infringes her rights what is to stop her from shutting down anything that she doesn't like. In the bigger sense the trial is not about money for either person. If the lexicon gets shut down, sites that publish fanfic can be shut down next. If another author wants to write a companion book to a popular series, they will be shut down. I also have it on good authority from a friend that was on the team trying to get JKR to sell theme park rights to disney that she is super controlling and a five letter that starts with "B" when people want to use her creations. -Ben


Posted by HPIndyFan Apr 15th 2008

The Fair Use Doctorine is pretty gray when it comes to matters such as these. Not too long ago, Warner Brothers and Scholastic pursued HP fan sites for copyright infringement. They backed down at the request of JKR, who had come around and recognized that you don't bite off the hand that feeds you so well. And the fact they went after little kids probably upset her just tiny, tincy bit. The judge's decision doesn't come as a big surprise to me, because if he finds against the defendent, that opens up a slew of possibility of copyright owners suing fans for using photos, images, and other copyrighted material in websites (and books). He finds against the plaintiff, it sends a free-for-all-message to all those would be die-hard fans that they too can publish their own books about their favorite books, TV shows, etc. As I understand it, if I wanted to write an "unofficial" review of Harry Potter, I'm within the legal parameters of doing so, under the Fair Use doctorine. Just as if I was a professor preparing a course on HP, I could publish my own book because it would be under the guise the scholarly purposes of the Fair Use Doctorine. Now, with the case of Lexicon, I can understand JKR's complaint---the author is quoting/paraphrasing content from the books. He should, in theory, footnote the reference. There is no harm in doing that. In defense of the Lexicon author, he was smart in that he made the publishing firm cover his lawyer fees should he be sued. He even expressed aprehension over copyright issues initially. But it doesn't give him a free pass. If he was using material from a book or another source, you should reference the material!


Posted by kpo9876 Apr 15th 2008

"lawyer driven." Ya think???


Posted by Ganger345 Apr 15th 2008

Hey, Grnd3lW4Ld, why are you being so rude? I was just trying to be nice. You don't have to attack eveyone.


Posted by HPIndyFan Apr 15th 2008

Honestly? I think a portion of it is lawyer driven, another portion money driven and the rest built upon lack of common sense and respect (on both sides). But it sends a scary message to all those with similar websites that "you too can be sued" by the copyright owner. I understand the fair use doctorine, there's a lot of wriggle room for a book like Lexicon to be published. They're called "unofficial" for a reason. The question that keeps coming into my mind is that: If this isn't about money, then why on earth did JKR, WB and Scholastic let the website exist for so long? I don't completely buy her story that she was planning on working something like an enclcyopedia. There are literally hundreds of an fan published guides out there for various movies, books and TV shows. Most of them aren't official. And they, ironically, all fall under the fair use doctorine. I think what is setting Lexicon part from this, is that he's phrasing things in such a way he's not using his own ideas. He may not necessarily be copying things verbatim, but he should (as I said earlier) at least footnote the references.


Posted by The_Green_Nargule Apr 15th 2008

I definetely think the J.K. Rowling should pursue. SHE CREATED HARRY POTTER, so I think she has full rights do to whatever-the-heck she wants to do, so long as it pertains to harry potter. Good Luck J.K. Rowling we're counting on you. (me especially!) :)


Posted by Grnd3lW4Ld Apr 15th 2008

You said i was being rude to her Ganger, no offense but just leave it alone. Thats not really trying to be nice. sorry.


Posted by rooon Apr 15th 2008

????kkk?????


Posted by soof Apr 15th 2008

I hate everything about this... I can't tell who is right and who is wrong. I feel sorry for Steve but at the same time I think he should just let it drop. Jo wrote the series so she should be able to have the final say. I think that even if Steve did win no one would buy the book, as most of the fandom is against him at this point.


Posted by Rose37 Apr 15th 2008

Yes I know J.K. Rowling has worked hard on the hp series. Seven year to be correct, but I think that everyone need to put the series to rest and move on. Also I say that the judge just doesn't want to make a decision. Because he/she knows that making the decision will mean desapointing alot of people either way. Tough luck, Judge!!!


Posted by Slytherin15 Apr 15th 2008

i just heard about this on the news about 10 minutes ago!


Posted by redfreckles Apr 15th 2008

It's lawyer driven in SVA case. I don't like the settlement idea- but then again what true HP fan is going to by the book? When the Scottish Book is going to come out. (and when we MuggleNet's HP encycolpedia!) So maybe it'd show SVA when his "encyclopedia" doesn't sell. Frankly it's disgusting that he would profit from Jo's hard work.


Posted by EverettChronos Apr 15th 2008

In my eyes, the Lexicon has no Fair Use rights to stand on. I'm all for Fair Use, but this is just infringement. I'm glad the judge called the lawyers off, but there's big lawyer teams on both sides. Add delusional Fair Use zealots (I'd be one of them, but I've stated why I side where I do), and this is about even.


Posted by Grnd3lW4Ld Apr 15th 2008

Why cant you be a harry potter fan and buy the book? Harry potter fan means you are a fan of harry potter, not jk rowling. This is a book about harry potter. most of the people who enjoy harry potter havent even seen this news, it isnt exactly mainstream, though im sure it will have some effect on how the book sells.


Posted by Ganger345 Apr 15th 2008

We could never move on from Harry Potter


Posted by Decagon Apr 15th 2008

They should have settled in the first place, but it was RDR that played games to avoid any productive conversation. There is no debate that SVA and RDR are infringing on JKR's copyrights. They even agree they are. The question is whether they are doing it in a way that allows them to violate her copyright under "fair use". Fair Use has four tests that must be met. In this case, two of them seem clearly favorable to JKR, and the other two seem murky still at this point (though I haven't had the chance to see all the testimony from today). Settling now would not only save more heartbreak for JKR and fans (I give no sympathy to SVA or RDR, both parties knew they what they were getting into and did it for money), but also settling would prevent the "slippery slope" conversation, as well as the endless appeals (possibly to the Supreme Court), that would follow a judge's decision. I don't blame the judge either. I wouldn't want to make the decision in this case myself.


Posted by Grnd3lW4Ld Apr 15th 2008

You have to move on from everything at some point


Posted by Marie_Lee Apr 15th 2008

JOS HARD WORK?? guys, she wrote a couple of books and got rich quick, calm down!! jeez, if it comes oout, im buying it, at this point id buy anything jkr dont want me to, rofl


Posted by Hedwig8 Apr 15th 2008

I think if you're a true Harry Potter/JKR fan you won't want to read the RDR lexicon. They should never have stolen her work. I think most fans would rather wait for the REAL encyclopedia by the one person who knows EVERYTHING about the world of Harry Potter.


Posted by g_loves Apr 15th 2008

i think anyone who unilaterally backs jkr's 'rights' to have the last say on anything harry potter should actually read the fair use act that is the law on this. she has a very, very good chance of losing this trial because, in fact, she does NOT unilaterally control anything anyone ever produces which mentions harry potter. what this case is about, specifically, is whether or not SVA is in violation of the fair standards act, not in concept (since this kind of book has a long literary history), but in actual content (did he notate her work correctly or is there the possibility that someone buying the book will confuse her work as his). it is also because he is trying to profit COMMERCIALLY from a book that does largely rely on the recombination of her works. but guess what? she does not, UNDER THE LAW, have any claim to say 'well, i was going to do a book like it one day so he can't.' that's like trying to say 'well, i started a book about a boy wizard 2 years before she did and i would have written harry potter if she hadn't gotten to market first'. he's not writing a new work of fiction using her characters FOR PROFIT, but compiling an original work of analysis that she did not provide for. that he will get it done before her would not, in most people's opinion, diminish any potential sales if jkr decides to do a similar book in the future. grow up everyone. jkr doesn't walk on water and she knows she's in trouble on this one. what will doom sva is if he truly was that 'sloppy' in his actual execution, not in his concept.


Posted by Grnd3lW4Ld Apr 15th 2008

who really cares about jk rowling? congrats jk you wrote a few books and people love you unconditionally, if i want to read a book i dont care what she says ill read it. yeah she really knows everything lol she had to USE LEXICON AS A REFERENCE< she said it before


Posted by alex_c98 Apr 15th 2008

Marie_Lee, what the hell? She wrote seven books, not counting accompanying books, which took a grand total of SEVENTEEN YEARS to plan and write. That IS hard work - you try committing to something for that long.






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