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TL Morganfield
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   Posted 4/16/2008 4:11 PM (GMT -5)    Quote This PostAlert An Admin About This Post.
It looks like the publisher and Rowling have agreed to settlements in parts of the case (including the trademark issues, though that agreement is still in the works), but the copyright infringement issue continues to rage. And the publisher is taking the "scholarly work" position, and the judge thinks that American copyright law is vague enough that this argument could see this case all the way to the Supreme Court.

Here's some links to articles:

www.msnbc.msn.com/id/24160527/

blogs.wsj.com/law/2008/04/16/notes-from-the-potter-trial-after-a-partial-settlement-the-defense-digs-in/?mod=WSJBlog


www.tlmorganfield.com
The Feathered Serpent's Nest (Blog)

One World stories:

"Night Bird Soaring" in GUD, issue #3 (forthcoming)
"What Makes Us Strong" in Atomjack, November 2007
"The Last Arabian Prince" in Atomjack, November 2006
"Dedication" in Dragons, Knights & Angels, also available in Distant Passages 2.

Sixth Sun Rising stories:

"Ancient Artifacts" in Tales of Moreauvia (forthcoming)
"Love, Blood and Octi" in Paradox, October 2007
"The Divine Conquest of Mexico" in Sorcerous Signals, August 2007

Non-series fiction:

"My Sweet Andromache" in Nanobison, (forthcoming)
"So Weeps the Thunderbird" in Lilith Unbound, (forthcoming

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Steven the Git
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   Posted 4/16/2008 6:06 PM (GMT -5)    Quote This PostAlert An Admin About This Post.
SherylNantus said...
*looks up*

actually, I'd be more miffed if I were one of the contributors to the webpage - as stated in court by the owner (author?) there's no plans to PAY those people who helped write the entries for this encyclopedia unless it "is successful" - in other words, this fellow's going to not only take a huge hunk of Rowling's work and try to sell it under his wing but also the work of fellow writers who contributed their work for free with the understanding that it'd be accessible to everyone.
   That's a very good point. It was done by fans and they do seem to be losing out.
 
   Looking at those two links, I have to say the main impression I get is that this lexicon is pretty poor. In a way, I see why they have taken this to court, yet I can't help but think, if she puts out her own book, the OFFICIAL guide to Potter, that fans won't be torn between the two. She would sweep that paltry effort aside.
 
   Then again, the defending lawyer's main argument seems to be, we ain't doing any harm, which is a pretty weak case.
 
   One other thing, the suggestion was some genres need this type of book to make things more clear. Also, that fantasy is the one that needs it most.
   I don't know, but my heckles rose at that one. Seemed to say to me, fantasy is fair game for this as it is all weird like.  mad


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Jim Stratton
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   Posted 4/16/2008 9:28 PM (GMT -5)    Quote This PostAlert An Admin About This Post.
There is a dilemma for authors these days dealing with fan sites. What do you do? The problem with the fan sites (especially if you're a successful author) is that they are too numerous to chase down and shut down. Witness the many web sites out there that actually post whole novels online. I gather most publishers will ignore these sites. The cost of suing can be huge. But what to do when they start publishing hard copies? And especially in competition for the author's own work, whether planned or published? This is the author's property folks. That is what copyright is all about, giving the creator exclusive rights to their literary works and any derivative works for life plus. And they get to say who can use it, not the fan author or publisher.


Jim Stratton

Forthcoming publications:

“The Heretic” in Tower of Light Online Magazine in Issue #5 (March, 2008).
“Living With Miracles” in Big Pulp Online Magazine in October, 2008.
“One Life, One Arrow” in “Paper Blossoms, Sharpened Steel” due out in late 2009.
“Your Duty To Your Lord” in Morrigan Books' “Age of Blood & Snow”, due out Winter, 2008.

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Kuroboshii
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   Posted 4/17/2008 1:16 AM (GMT -5)    Quote This PostAlert An Admin About This Post.
I think J. K. Rowling is right--creating a fan site is one thing, publishing a book for profit is really another. But her hissy fit earns zero credit with me. Maybe this is just me being naive, but. . .can't she manage this without gushing about how her characters are "like her children"?


Sean T. M. Stiennon (AKA Kuroboshii)

Check out my author page at www.sfreader.com/authors/seanstiennon

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erazmus
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   Posted 4/17/2008 3:02 AM (GMT -5)    Quote This PostAlert An Admin About This Post.
Well, I didn't think she was even planning a book of her own, and I don't think that makes any difference. Its her world and work and the lexicon's publisher should have known better.

Mike


Michael D. Turner
"Psyched Up" in _Turn the other Chick_-ed. E. Friesner-Baen books
www.baen.com
"Dutchman Rescue"in Continuum SF #6
www.continuumsciencefiction.com/orders.htm

"An Incident at Black Tongue Tavern" in _Bash Down the Door and Slice Open the Badguy_ from Fantasist Enterprises:

www.fantasistent.com/books/anthologies/BASH.php
"Stains" in Tales of the Talisman 3-1 www.zianet.com/hadrosaur/index.html
"Morning Coffee" in Every Day Fiction
www.everydayfiction.com/morning-coffee-by-michael-d-turner/
"The Jewel Below" in Flashing Swords
flashingswords.sfreader.com/issues/issue8/vol2-iss8-05.htm
"Happy Landings" in Every Day Fiction
www.everydayfiction.com/happy-landings-by-michael-d-turner/
"Teller of Tales" in Every day Fiction
www.everydayfiction.com/teller-of-tales-by-michael-d-turner/
Read "Silver Shells" In Every Day Fiction
www.everydayfiction.com/silver-shells-by-michael-d-turner/

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strange behaviour
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   Posted 4/17/2008 3:52 AM (GMT -5)    Quote This PostAlert An Admin About This Post.
Kuroboshii said...
I think J. K. Rowling is right--creating a fan site is one thing, publishing a book for profit is really another. But her hissy fit earns zero credit with me. Maybe this is just me being naive, but. . .can't she manage this without gushing about how her characters are "like her children"?

I think that's to get the non-writer sympathy vote, because any writer reading it knows full well the kind of cruel things they can and will do to their characters. smilewinkgrin
 
It's the hissy fit that's lost her sympathy, especially since it's not the first one she's thrown. She also tried to sue a community group in Calcutta for building a model of Hogwarts for a festival. http://news.bbc.co.uk/1/hi/world/south_asia/7040191.stm
 
 
 
 
 
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Steven the Git
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   Posted 4/17/2008 6:40 AM (GMT -5)    Quote This PostAlert An Admin About This Post.
Is she going to turn into the new George Lucas?

Maybe years from now she'll write the prequels and the grown up kiddie fans will rant at her!   lol


    “Hello, I am William Burton, Head of Recruitment and Integration for the Agency for Peaceful Regulation and Definitive Cooperation of Extraordinary Existence.”
 
spinetinglers.co.uk   Bakemono will not stop!

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SherylNantus
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   Posted 4/17/2008 8:43 AM (GMT -5)    Quote This PostAlert An Admin About This Post.
yep, the hissy fit ain't gonna win her no new allies.

the problem as I see it is that the website owner (let's NOT call him a writer, since the contents of the website are mostly quotes from the Potter books and contributions from others) thinks that he can take a property he's offering for free to the public, slap it on the page and between two covers and sell it.

that's just not going to happen.

at least, I hope not...
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Jared Evers
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   Posted 4/17/2008 1:30 PM (GMT -5)    Quote This PostAlert An Admin About This Post.
Agreed with the hissy fit. I think she's right to take action against this guy and his publisher, but I don't care much for her as a person. She's been pretty condescending toward the fantasy genre in the past, for one thing. For another, sure--your characters are your children. I think most writers can sympathize. But by this point I would think she could be professional enough to get her writing done despite being sad about the lawsuit.
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Lyn
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   Posted 4/17/2008 2:32 PM (GMT -5)    Quote This PostAlert An Admin About This Post.
JKR should just buy the rights to the lexicon and sell it. Both parties win - she didn't have to write it all herself and she still makes money. :-)


Lyn from ResAliens
Own a copy of Strange Worlds of Lunacy - Galaxy's Silliest Antho today!

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Jordan Lapp
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   Posted 4/17/2008 2:34 PM (GMT -5)    Quote This PostAlert An Admin About This Post.
Yeah, but it would have her name on it, and it looks like it's an amateurish production...


Jordan Lapp
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Lyn
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   Posted 4/17/2008 2:35 PM (GMT -5)    Quote This PostAlert An Admin About This Post.
Ah, I hadn't seen it. Well, I hope to face that problem myself one day, where people try to make money off of my reputation...lol


Lyn from ResAliens
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Lyn
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   Posted 4/28/2008 9:42 PM (GMT -5)    Quote This PostAlert An Admin About This Post.
an update here:
news.yahoo.com/s/nm/20080415/en_nm/harrypotter_lawsuit_dc


Lyn from ResAliens
Own a copy of Strange Worlds of Lunacy - Galaxy's Silliest Antho today!

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Jaqhama
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   Posted 4/29/2008 5:51 AM (GMT -5)    Quote This PostAlert An Admin About This Post.
Harry who?


You can read some of my stories here:
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at www.bikernet.com (Plus many of my motorcycle related articles.)
The Covert OP. Chick Prick...at www.milstory.com

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RHFay
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   Posted 4/29/2008 10:13 AM (GMT -5)    Quote This PostAlert An Admin About This Post.
Jared Evers said...
Agreed with the hissy fit. I think she's right to take action against this guy and his publisher, but I don't care much for her as a person. She's been pretty condescending toward the fantasy genre in the past, for one thing. For another, sure--your characters are your children. I think most writers can sympathize. But by this point I would think she could be professional enough to get her writing done despite being sad about the lawsuit.
You have to admit, it is an interesting excuse for writer's block.


"I'm going to do what the warriors of old did. I'm going to recite poetry!" 
 
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Hermit
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   Posted 4/29/2008 2:40 PM (GMT -5)    Quote This PostAlert An Admin About This Post.

Hope I don't get sued for this . . .

Is Rowling even a professional author? Or did she just kind of get lucky?

How many rejections has she gotten? I guess what I'm getting at here is that whining over 'my precious children' is a very good sign of an immature writer. I sympathize with her totally. Even while finding it rather feeble of her to do publically.

As for the lawsuit . . . she has the right to protect her children! It's obviously not about money - and all about money. But money isn't the end so much as the means. The end is power and influence - and ownership. It seems obvious to me at this point that the lexicon in question falls very shy of qualifying as a scholarly work. I'm thinking JKR's publisher should have picked this up before it ever got anywhere - should have investigated him as a candidate for collaboration. If they had some reason to reject him, it is likely that he was not on the level.

Is it possible that Rowling is fighting as much on her fans' behalf as on her own? If so, would she be afraid to admit it at this point due to how petty she's being portrayed?

I agree with Jordan that we should sympathize with her - or shut the heck up any time we think to do any whining of our own.

And with Richard: that is an interesting excuse for writers block. shocked


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crystalwizard
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   Posted 4/30/2008 8:48 PM (GMT -5)    Quote This PostAlert An Admin About This Post.
Rowling lost all sympathy from me when she went to such rediculus lengths to prevent fans from trying to fill in what happened to Harry after the end of the last book.


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SherylNantus
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   Posted 5/1/2008 6:55 AM (GMT -5)    Quote This PostAlert An Admin About This Post.
IIRC the person in question AND his publisher asked for permission from Rowling's publisher and were told "NO"... and then went ahead and planned it anyway.

aside from just being impolite it's a darned nice way to make the lawyers some money - I suspect that the small publisher figured that they'd get paid off to go away or something along those lines and are surprised that they're still in court.

I think the problem is that the guy (I can't call him an author since he's basically taking the work of OTHERS, including those who donated their time and articles to the site and who he has no plans to pay...) figures that somehow if it's online that it's okay to make money for it.

if he locked up the website and charged admission/membership it'd be the same problem - you can't make money on something that's not yours. Period. And there's a big difference between putting a resource online for everyone to see and access for free and slapping it between the covers of a book and making money off of it.

jmo, of course...
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Lyn
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   Posted 5/3/2008 10:46 AM (GMT -5)    Quote This PostAlert An Admin About This Post.
An interesting site for analysis is www.hogwartsprofessor.com/


Lyn from ResAliens
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cussedness
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   Posted 5/3/2008 11:40 AM (GMT -5)    Quote This PostAlert An Admin About This Post.
There is a lot of difference between scholarly works and a lexicon. In scholarly works, snippets are quoted (Fair Use has some very specific definitions of limits to the size of those quotations).

I think that the fan fiction rules are closer to what is involved here.


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