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 ghbrat Apr 15th 2008

ok heres my opinion on the whole stupid mess...and believe me it has become stupid in my opinion...first off I love the Harry Potter series and movies...and I think JKR is a great writer....that being said I think she is milking this one just a little bit...im sorry but I just dont see Steve as this big bad man trying to take her ideas away from her...he wants to publish an encyclopedia people...not another book...I dont see where he is exactly stealing her ideas...heck its on other websites...I dont see JKR coming after them too...but I can say if she wins this...say buh-bye to the fan fics and other websites... sorry i mean no disrespect to JKR seriously


Posted by EverettChronos Apr 15th 2008

As I and others have said, Fair Use is a waste of time in this case, unless you want to vastly open its scope in the process.


Posted by shannonsims Apr 15th 2008

Judge Patterson: You are my hero. This really has become about the lawyers and I think that an agreement could be reached. I love you Judge Patterson. =)


Posted by Ginevra26 Apr 15th 2008

I'm compelled to agree with gideonp and ghbrat on this one. As much as I adore Jo and her books (She's my idol!), somehow, I can't see what harm this encyclopedia is going to do. I could understand the lawsuit if, in the case, Van Der Ark was trying to write another book to the series or even publish another book interlocking with the series content, in which he created new characters and plot twists. However, an encyclopedia differs immensely. Like any encyclopedia (Britannica, World Book, etc.), this is meant to catalogue and organize data so that readers and the public may have access to the information within. An encyclopedia is a tool, not a novel. And in all honesty, I can't see how this is any different than the hundreds of other books, music albums, and journal articles that have been written or recorded about Harry Potter to make money. How is an encyclopedia any more threatening and/or manipulative of Jo's hard work than The Ultimate Unofficial Guide to the Mysteries of Harry Potter or Mugglenet.Com's What Will Happen in Harry Potter 7? All these works use pieces from Jo's writing; all these works have been and/or will be sold to make a profit. If anything, an encyclopedia would INCREASE sales of the Harry Potter books and Jo's encyclopedia--I'm sure I'm not the only fan out there who


Posted by oakshaft79pn Apr 15th 2008

RELEASE BEEDLE THE BARD!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!


Posted by Ginevra26 Apr 15th 2008

(oops, I got cut off)...is interested and passionate enough to the point where s/he would want to read all the different opinions and viewpoints of how the books pan out. And at last, it really does irritate me how many people on this message board question the loyalty and Harry Potter-fandom of those who support Mr. Van Der Ark in this lawsuit; I want his encyclopedia to go through BECAUSE I love Harry Potter, because Jo's beautiful books taught me something about expression of ideas and standing up for what one believes is right (As Mr. Van Der Ark has demonstrated throughout this trial). I have every intention of buying both his and Jo's versions of the encyclopedia, as I'm sure most other fans are as well.


Posted by hpgirl_91 Apr 15th 2008

I really loved the article about Steve's testimony that was put out by the AP. It talked about how "his eyes lit up" when he found out that JKR said that his speculation about Alohomora was incorrect. He was genuinely excited to learn new info- even in a court room! I love what Steve has done for the fandom but I also respect JKR's rights. *sigh* I can't wait for her Encyclopedia to come out!!


Posted by oakshaft79pn Apr 15th 2008

i wont but his version because i can make one myself, what i want is one from Jo and also Beddle the Bard. How can she actually keep that from us??/


Posted by hpgirl_91 Apr 15th 2008

Thank you so much to Ginerva26!!! You have put what I have been feeling into a very well worded argument. We all love Jo, she is what brought us together! But many of us also support Steve and are being attacked for it. Thanks again Ginerva26!


Posted by rab7388 Apr 15th 2008

this may be good for us because jo will make hers way better put alot more stuff we don't already know in the book


Posted by ickle_diddykins Apr 15th 2008

Is anyone having trouble accessing the HP Lexicon? All I get is "500 - Internal Server Error."


Posted by Inkspell Apr 15th 2008

I really feel badly about this whole situation and hope they can somehow come to terms rather than come to blows. I hate seeing fans argue too. I love Jo and I love using the Lexicon. Jo and Warner Bros have been thus far more than generous with allowing fans to enjoy the use of copyrighted material (photos and their derivatives) to build websites, fan fiction, etc. However, Jo and Warner Bros have shut down a site previously for adult fan fiction. You can read about this by using the link below. http://www.chillingef fects.org/fanfic/notice.c gi?NoticeID=522


Posted by str8_up_lee Apr 16th 2008

YO GRINDS AND MARIE!! IM WINNING THIS! IVE GOTTEN BANNED HERE (cough) ANND THE NEW SITE! I DONT EVEN GET PWS!! OH AND 15% vs 75%!!!!


Posted by Grnd3lW4Ld Apr 16th 2008

LOL ARI WHAT IS 15 + 75?


Posted by str8_up_lee Apr 16th 2008

OHYES A DREADED POLL HHAHA! SO DID U GET ANY RABBITS RAPED TODAY?


Posted by Grnd3lW4Ld Apr 16th 2008

LOL tomorrow its almost 2 am peace


Posted by str8_up_lee Apr 16th 2008

YEAH OKAII FINE! BUT I CALL THAT FAT RABBIT THAT IS VERY RELAXED ABOUT EVERYTHHING! AIGHT CYA!!!


Posted by Roonil Apr 16th 2008

Grnd3lW4Ld and Marie_Lee, you guys are ridiculous and I hope you know it. I'm not even going to argue all the dumb things you've said because I'd rather be sleeping right now. Get some back up for your opinions before shoving them on people who are sick of them. bye


Posted by str8_up_lee Apr 16th 2008

HEYYY!! U LEFT ME OUTTTT!!!!!!!!! :( NOT COOL! HAHA GRINDS I BET ILL STAY AWAKE LATER THAN U (ITS 12:00)


Posted by str8_up_lee Apr 16th 2008

HAHA ROONIL DONT PRETEND U DIDNT STAY TO READ THSI! I NOE UR WATHCING AND PLUS NOW UR BLUSHING... AND THEN UR NOT GONNA REPLY CUZ U THINK PRETENDING WILLL BE BETTER.. WE ALL NOE UR HERE! TOOTLES!!!!!


Posted by fanatic Apr 16th 2008

I totally agree with the judge. I also think that Jo and Steve are both wrong and right. I say that Jo can bar people from writing stuff about HP but if she was going to do that she should not have allowed countless other people to do that over the years. It seems a bit unfair they decided to pick this book. Also I really enjoy Ms. Murphy of Scholastic saying that all the work Steve and others have putting into the this book being


Posted by billyjbradshaw05 Apr 16th 2008

Wow this lawsuit is getting a lot of mixed reviews. And as comments go on I begin (kind of) to see the other side (but only slightly). But i never really expected fans to get so heated with eachother, it seems there are two sides and everyone is just throwing stuff at each other. I suppose the writer in me (as i wished to be a novelist & started taking the english courses in my university) says that: anyone seeking to publish anything related to my story must ask (at least for my blessing and approval) before printing. Because well we spend so much time and tears and writers block, fustration, and darn near crazy spells while writing that we deserve to know whose just using my well...my life(my story). But I guess im more concerned over the fact that if things turn bad JK has said she will probably stop writing all together. I feel so...lost. But then, im super emotional now a days...do you know what makes me feel better? well for me anyway (other than reading HP), the smell of borders. I think my kids gonna be a bookworm. Anyway...I have two questions: 1. DOES ANYONE KNOW IF BEADLE THE BARD IS GOING TO BE RELEASED?? 2. DOES ANYONE KNOW WHERE I CAN BUY GRYFFINDOR THINGS?? (ITS GOING TO BE THE THEME FOR MY BABY)late-Billy


Posted by fliz Apr 16th 2008

Why should American copyright laws apply if its British author and British book? Shouldn't the British laws be used in court. I know it's an american court, but I feel that the american laws on copyright are not legal against a British book surely? Thats like syaing its illegal to do something in one country but legal in another.. and getting arrested by the illegal country even though u did the thing in the country where it is legal?! that doesnt make any sense but, lol can people see my point? I spose the its to do with the fact the bppk is published in america.. I dunno?! does anyone know?


Posted by gmc Apr 16th 2008

Even if you believe that HP lexicon is a sequel to harry potter. And you're convinced that publishing it in a bookform would violate her rights, or the rights of Warner Bros. And by all means continue to turn a blind eye to all the other similar publications already on sale at Amazon... You must agree that JKR saying in court that Steve Van Der Ark's work is "sloppy" and "lazy" is just plain mean! And that it violates her own words regarding his site.


Posted by Snape_Maverick Apr 16th 2008

By Fliz: "Why should American copyright laws apply if its British author and British book? " I can answer that - this isn't about a British book, but about the Lexicon book. Steve V. is an American, and RDR is a U.S. publishing company. This is about their right to publish a book here in the U.S., and that's why WB had to file it in Federal Court in NYC. I think Judge Patterson did a great thing for everyone involved yesterday. He is the Man! Now I just hope they can work out a settlement and put this back into the business arena, instead of making this so personal and negative for Fandom.


Posted by Ganger345 Apr 16th 2008

I just want to say that the comments posted by str8_up_lee 5 hours ago are just a little bit disgusting, rude and demeaning.


Posted by pinkfiyahtruck Apr 16th 2008

Why would anyone side with Jo on this? She's richer than the Queen right now- why is she suing for more money is just so unnecessary. I think our favorite little author is getting greedy.


Posted by Ganger345 Apr 16th 2008

How do you know she's suing for money? Pehaps she's not.


Posted by tiassa Apr 16th 2008

pinkfiyahtruck, if she is sueing for money how come she intends to give all the money from the scottish book and from this case(if she wins) to charity? You make no sense to me. Check your facts. Comment later


Posted by iversam Apr 16th 2008

she should give dude a copy of beetle the bard and tell him to just go away


Posted by MagicMaker222 Apr 16th 2008

I'm going to be a loyal reader and stick with what Jo writes about HP. I'd rather spend my money or the "REAL" version, as i like to call it, than a substandard one.


Posted by KikiPotter Apr 16th 2008

My jaw is dropping at all these comments on Jo should just let the bums publish the thing! I am a writer and if someone tried something like this I would sue for a book like this it is your blood and SOUL that goes into this! No one but Jo has the right to do this! If all fails, boycott. Though like Hermonie said in Ootp (in essence)...to get someone to read something ban it. This guy just wants the media attetion not JO! Some fans you people are claiming Jo wants it for the attetion and crap..truely that is just wrong! Jo told her reasons and they are the truth! She does'nt want it for the money she wants to procect her book that she took her life to do!!! These guys need to back off at lexicon and just find something else to do like maybe crosssitch. The creeps....and I agree with MagicMaker222. You are soooo right. and too right you are tiassa! kiki


Posted by oomboo2 Apr 16th 2008

I honestly don't think that one could call themself a true potter fan if the bought a copy of the lexicon. I really hope Jo gets what she wants.


Posted by sirbackbite Apr 16th 2008

I wonder if the authors and publishers of "Mugglenet.com's What Will Happen In Harry Potter 7" are going to give any money they may have made from that book back out of solidarity? The hipocrisy of all this annoys me. If the staff/owners of Mugglenet.com or any other fan site have ever made even a single penny from their respective sites then they ought to be praying that this matter either settles out of court or goes against Jo. To alter an old saying, I may not agree with what they have written but I shall defend to the death their right to write it.


Posted by MagicMaker222 Apr 16th 2008

thanks kiki! I agree with oomboo, tiassa, and granger.


Posted by moonshyne Apr 16th 2008

Personally, I think Jo is being disgusting about this. She's playing on fan emotions by playing this "oh me, if this happens I couldn't possibly write another book...wah wah" and you guys are sucking it up! If SVA was writing a HP based fictional book, I would fully agree that he was way out of line. But as it stands, he has been working on a reference guide, which has been done for many other books/series out there....even mugglenet released a book BASED ENTIRELY ON THE WORK OF JK ROWLING...where was the uproar over that one? I think it's sad that people will follow everything she says, without thinking it over for themselves. The potential implications here are huge. I know there are people who's only concern is about money, or are only concerned for poor pitiful Jo (as if she needs it), but the fact is once you release such information, it becomes available to the public. It's true that she owns the name, and the series, and she can stop people from stealing her series or writing other stories based off her own, but she cannot stop other people from publishing books/articles that might speculate or guide readers based on information she has released. If I had known she was going to act like a spoiled, greedy child about this, I would have read the last book online, and not given her a dime of my money.


Posted by redfreckles Apr 16th 2008

sirbackbite. Mugglenets book is not facts straight from the book, it was speculation, though they use JKR's books as a jumping off point, the speculation is their ideas, and not all of it came true.


Posted by moonshyne Apr 16th 2008

Yes it is! That book contained material and information that was entirely based upon the hp series, and then speculated from there. That information wasn't made up, it came from the HP books. The speculation, even if it was there own, was based entirely on Jo's works, not anything they had created. If you're saying that that was alright, then what would be wrong with publishing a fanfic that was only BASED on the HP characters, but contained someone else's ideas? Where is the line drawn? what is the difference? Really now, can anyone explain it?


Posted by felixfelicis888 Apr 16th 2008

sirbackbite, the book Mugglenet produced is different. It was a book of theories, basically just thoughts. This book however, will be giving info on the whole series, basically a resource book. They're totally different.


Posted by Hydrus Apr 16th 2008

Has anyone read the fair use doctrine? I don


Posted by felixfelicis888 Apr 16th 2008

Basically, Mugglenets book was not a book showcasing info about the series. The point of the book was not to give info out, even if it may have a little bit. But an encyclopedia (like the one lexicon wants) only serves the purpose of giving out info on the series. Thats the point of it, to give you info. Mugglenet's book was only fans thoughts. I think the difference is just the intentions (as well as the contents) of the book. And people, if jkr wins, it does NOT mean that fansites will have to close. It's all very complex, but if you use your noggin, and try to think of why people are doing what they're doing, you will figure it all out. :)


Posted by HPfanx14 Apr 16th 2008

hey guys!


Posted by felixfelicis888 Apr 16th 2008

HPfanx14!!! Come to our site!! robandalex.googlepages.co m/home or email me at adheule@frontiernet.net!


Posted by HPfanx14 Apr 16th 2008

lol ohk, sorry i didnt commment back right away, i had to present my business powerpoint.


Posted by HPaddictsanonymous Apr 16th 2008

Is anyone as scared as I am that if Voldemark wins this thing that Jo simply won't have the will or the heart to continue with the Harry Potter world because she won't consider it her's anymore, and simply not write an encyclopedia...ever. That would be VERY sad, and would deprive of us true fans of background history on our favorite characters and other info that didn't make it into the books. I really hope he doesn't win, he doesn't deserve to!


Posted by jennygirl75 Apr 16th 2008

If they do release the Lexicon version, the best action of support would be a protest in the form of not buying the Lexicon version.


Posted by sirbackbite Apr 16th 2008

I can see your respective points felixfelicis888 and redfreckles but I can't agree that Mugglenet's book is so vastly different. It wouldn't exist at all without the HP series, just as the lexicon wouldn't, it made money from the HP fan base, just as the lexicon attempted to do and it even (in its own way) tried to pre-empt a book that Jo herself were to write. If it were Mugglenet that were being sued now I am sure they would be using exactly the same fair use arguments as RDR are. I don't believe either of them should be stopped from writing those sorts of books but hosting a support thread on your site which is itself based entirely on the principle of fair use just smacks of hypocrisy.


Posted by MagicMaker222 Apr 16th 2008

jennygirl75- That is exactly what i plan to do!


Posted by angelina_johnson92 Apr 16th 2008

When will it end?


Posted by Kareen Apr 16th 2008

And no one thought to come to some kind of compromise before because why? Oh that's right, humans are stupid in general! This case should never have gone to court in the first place! Its completely pointless! JK needs to know when to quit and when to let go of Harry Potter and that goes for all the rest of the overly obsessed fans who can't think for themselves and then prosecute all of those fans who can think on their own.






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