|
Post by mollywobbles23 on Apr 14, 2008 17:29:28 GMT -5
So, for those who don't know (Patrick ), WB/JKR filed a lawsuit against RDR (a vanity press) and Steve Vander Ark (webmaster of The HP Lexicon website) for a proposed book version of the website. The best place to find news on it is TLC. I'm going to find links now... Actually, scratch SVA out of the lawsuit. He is not named in it, but he will more than likely be giving statements and it's about his book. He actually had an idemification clause put in his contract so he would be protected against lawsuit.
|
|
|
Post by suzeeq on Apr 14, 2008 17:31:13 GMT -5
|
|
|
Post by Pattycakes on Apr 14, 2008 17:31:39 GMT -5
im still confused
*is clueless*
|
|
|
Post by suzeeq on Apr 14, 2008 17:32:30 GMT -5
Pat, read the article. Gives you background info on the case.
From earlier accounts about Steven Vander Ark, he seems to have changed his tune. He is now saying that he was concerned about copyright infringement when in earlier articles he said it was not. He must think they will lose and is now worried. I think his rep is ruined although I think they are still die hard fans of his site that are standing by him.
|
|
|
Post by mollywobbles23 on Apr 14, 2008 17:37:11 GMT -5
Here's a link to where TLC has everything they've reported on it: www.the-leaky-cauldron.org/archives/category/18It's mixed in with a bunch of other stuff, but I figured that would be quicker. I'll give my perspective on everything after dinner.
|
|
|
Post by suzeeq on Apr 14, 2008 17:59:53 GMT -5
I agree with what JKR said that with the loss of this case, authors will (by all legal means) prevent anyone from "preverting" their work. I don't mean to use that word but I guess I mean to do what people have done as far as writing fanfiction using their characters, scenic background (if it takes place in a fantasy world), etc.
I think Mr. Vander Ark now realizes he has essentially opened up a can of worms that will bite him in the end. Fans will suffer from the loss of this case. It is too late for JKR but with the twilight series and other popular book series, fans will no longer be able to write fan fiction. Authors will hold their worlds and characters closer to their chest.
Also, their is the possiblity of websites dedicated to their favorite book series or characters will face legal implications by the author (if he or she chooses to do so). This changes the whole copyright laws dealing with the internet.
Okay, I'll quit rambling. lol
|
|
|
Post by mollywobbles23 on Apr 14, 2008 18:46:15 GMT -5
I'm on WB/JKR's side with this one.
It's all very suspcious to me. I've read SVA's contract and it is not your normal contract for a first time author with a small publisher.
1. He asked for 500 free author copies (that he probably planned on selling at conferences and through the website). Considering that's probably about a third of the amount of books that would normally be published at first, this is highly abnormal.
2. The original amount of copies to be published was 5,000; it's now been boosted up to 10,000 (if they're allowed to publish).
3. Steve had them put in a clause that would protect him from lawsuit. Why would he do that if he didn't think he'd done anything wrong?
4. RDR actually agrees that the book infringes copyright. The Stanford lawyers took the case b/c they hope to change the standards for fair use, which would practically nullify copyright, which is there to protect the creator.
5. I've seen excerpted entries from the book (it's all on justia.com) and the majority of entries are simply just paraphrases from the book. There is NO original material and it is far from being a scholarly work.
Here's some stuff I've said over on Leaky about it; it's easier just to quote myself.
I've also spoken to Steve directly; here's our correspondence:
And he hasn't said anything since. Thank goodness. He was really digging his own grave in the fandom. Though, it's probably too little, too late.
Also, Melissa Anelli thanked me for my defense of Leaky "towards certain individuals" or something like that in a PM at Leaky. ;D
Anyway, I find it funny that it took me, a 25 year old, to get a 50 year old to see sense enough to hush up.
|
|
|
Post by suzeeq on Apr 14, 2008 19:00:20 GMT -5
Yeah, I was shocked to read that he was 50 years old. No common sense (IMO) whatsoever.
I agree with JKR but since a judge will be making the decision himself (no jury involved), it is a 50/50 crapshoot at this point. I am nervious considering that Dan Brown author of The DaVinci Code won against the authors of the The Holy Blood and The Holy Grail. I personally thought he would lose because I read both and found that plagerism did occur. But that was a London court so who knows.
I think that is why JKR fears a loss, because of that case and the fact that she has already allowed the fans a free hand to her work and there are other reference books out there. From a legal standpoint, I will be honest, if she wins, I will be shocked. I will be happy for her but it will change the fan dynamics, especially where the internet is concerned. I am sure other authors are watching this case very closely.
|
|
|
Post by mollywobbles23 on Apr 14, 2008 19:20:28 GMT -5
Yeah, but Dan Brown actually did something creative and used his own characters and storyline and everything.
Steve reorganized Jo's work.
I'll actually be shocked if she loses. The law is on her side.
|
|
|
Post by suzeeq on Apr 14, 2008 19:41:04 GMT -5
Whatever comes from this, all I can say is that it will change how authors view their fans of their work and how this will affect fan websites and fanfiction. I think Mr. Vander Ark will hurt the fandoms far more than he thinks.
|
|