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SEPTEMBER 8, 2008 at 1:54 PM
Posted by CHEESER
Source: Various
The Harry Potter Lexicon book must halt publication, a U.S. judge ordered today, ruling in favor of author JK Rowling and Warner Bros. in their case against RDR Books.
U.S. district court judge Robert Patterson said
that Rowling proved the publication of Steve Vander Ark's unofficial Potter companion book, based off his web site of the same name, would case irreparable harm to the author.
The judge also said that RDR Books had "failed to establish an affirmative defense of fair use."
UPDATE: Here's the full text of the decision. Interesting tidbit: The court has ordered RDR Books to pay statutory damages of $750 for each of the seven novels and two companion books, for a total of $6,750.
UPDATE II: Rowling has issued the following statement:
"I took no pleasure at all in bringing legal action and am delighted that this issue has been resolved favourably," said J.K. Rowling. "I went to court to uphold the right of authors everywhere to protect their own original work. The court has upheld that right."
"The proposed book took an enormous amount of my work and added virtually no original commentary of its own. Now the court has ordered that it must not be published."
"Many books have been published which offer original insights into the world of Harry Potter. The Lexicon just is not one of them."
UPDATE III: Warner Bros. has issued the following statement:
"We are obviously pleased with today's ruling by Judge Patterson supporting the position that the proposed lexicon book infringes on Ms. Rowling's rights. As a content company, it is imperative that we work vigorously on all fronts to protect the intellectual property rights of those who create the stories and characters, words, pictures and music that entertain and benefit the worldwide audience."
UPDATE IV: RDR Books has issued the following statement:
"We are encouraged by the fact the Court recognized that as a general matter authors do not have the right to stop the publication of reference guides and companion books about literary works. As for the Lexicon, we are obviously disappointed with the result, and RDR is considering all of its options."
UPDATE V: Steve Vander Ark told the Grand Rapids Press in Michigan (near where he grew up):
"I've always been a fan of Harry Potter and of Rowling and my hope all along was that we'd find an amicable way to settle this. I'm disappointed, but this is the way it went and I don't hold any ill will at all. It was a question of law over a difference of opinion and, in a way, I'm glad that it's finally over."
UPDATE VI: The Center for Internet and Society at Stanford Law School, which helped RDR Books defend their case, wrote on their web site:
Needless to say we're disappointed, as is our client, RDR Books. Careful and thoughtful as the decision is, we think it's wrong. So stay tuned to see where we go from here. In the meantime, thank Roger Rapoport, the Publisher of RDR Books for having the courage to stand up for free speech and fair use. He fought a fight that not many would have the stomach to fight, and we are proud to fight with him.
While you're at it, thank Steve Vander Ark. It's not easy to stand up to your hero, or bear the unjustified scorn of your fellow fans.
Finally, remember that avada kedavra -- the killing curse -- is not always fatal. One wizard survived it. Three times. And it was he who cast the spell (and won't be named here) that ultimately suffered for it. Maybe someday the Lexicon will be known as The Book That Lived.
Some choice highlights from the opinion:
There is no dispute that the Lexicon actually copied from Rowling's copyrighted works. Vander Ark openly admitted that he created and updated the content of the Lexicon by taking notes while reading the Harry Potter books and by using without authorization scanned, electronic copies of the Harry Potter novels and companion books.
[...]
Plaintiffs have shown that the Lexicon copies a sufficient quantity of the Harry Potter series to support finding a substantial similarity between the Lexicon and Rowling's novels.The Lexicon draws 450 manuscript pages worth of material primarily from the 4,100-page Harry Potter series.
The full opinion (PDF) breaks down the decision into the following sections:
More as this story develops.
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Muggle
Points: 40
lull89 says:
Wow! Good news for Jo, eh? I'm sure she must be very relieved.
Posted Sep 8, 2008 at 1:56 PM EST
Lunarly challenged
Points: 2501
Grayback'sVictim says:
Well that's great news!
I'm personally for the Lexicon but not this one, but something that JK approves of.
It would be nice if I didn’t have to brows trough the books or the net to find something…
Posted Sep 8, 2008 at 2:41 PM EST
Professor
Points: 1068
kecker17 says:
Finally! Glad this is over. I'm also glad the ruling was in JKR's favor. Not just for her, but for all authors, artists, etc.
Posted Sep 8, 2008 at 2:48 PM EST
Sorceress of Obscurity
Points: 4215
Through_the_veil says:
Best news I've heard all month. There is justice in the world after all.
Posted Sep 8, 2008 at 3:07 PM EST
Order of Merlin, 2nd Class
Points: 1608
~Harry's true love~ says:
That's good to hear. I bet Jo must be very happy with this...which makes me very happy. :]
Posted Sep 8, 2008 at 3:21 PM EST
Head Girl
Points: 492
SoccerChick22 says:
Well that's good. Yay for Jo! I know she's happy.
Posted Sep 8, 2008 at 3:24 PM EST
Mrs. Draco Malfoy
Points: 27909
Arika Granger Malfoy says:
WOOHOOO!
I would have been so mad if she lost this case!
Congrats JKR and WB!!!!!
:D
♥♥♥♥♥♥♥♥♥♥♥♥♥♥♥♥♥♥
Posted Sep 8, 2008 at 3:28 PM EST
Student
Points: 230
Twilight/HarryPotter-<3 says:
Awesome, if jo is happy, i'm happy. She is one of the best writers of all time so it's her decision about what she wants published. They are her creation, and no one should take anything away from it.
Posted Sep 8, 2008 at 3:34 PM EST
Order of Merlin, 4th Class
Points: 1279
SlytherinHeiress says:
This is really great news, and probably the only good news we've gotten this month! I don't understand why they would even try in the first place to publish something against Jo's wishes if the author was such a huge HP fan. It's really sad what people will sacrifice for money.
Posted Sep 8, 2008 at 3:36 PM EST
Auror
Points: 2363
Nataly says:
Great news.. AM happy there is still some justice in this world
Posted Sep 8, 2008 at 3:59 PM EST
Order of Merlin, 3rd Class
Points: 1487
elderwandinyourpants says:
I'm glad that Jo won and that she and all the authors in the world get to keep their rights. I would have liked to see the encyclopedia/lexicon, but I realise what a problem it is.
I'm looking forward to The Scottish Book now!
Posted Sep 8, 2008 at 4:01 PM EST
Keeper of Harry's Fate
Points: 9051
TheOneWhoMustBeNamed says:
Nice to see the result come out the way it did. It was absolutely appropriate for her to ask for this result. I am glad that she obtained it.
Posted Sep 8, 2008 at 4:16 PM EST
Squib
Points: 153
Lizzie Whizzbee says:
Very happy that the result was in Jo's favor. There is still justice in the world!!
Posted Sep 8, 2008 at 4:31 PM EST
Prefect
Points: 335
x_loony_lovegood_x says:
I'm glad that it can't be published....Jo must be so relieved, it must be awful having people trying to steal bits of your work.
Posted Sep 8, 2008 at 4:33 PM EST
Witch
Points: 595
puremudblood says:
Finally, its good to see that laws on the right side. And thats very fascinating news for Jo! Way to go!
Posted Sep 8, 2008 at 4:36 PM EST
Chief Brain Washer
Points: 2881
Chogiiiirl says:
Woo, Hoo! Great for Jo and all of us. Cheers!
Posted Sep 8, 2008 at 5:14 PM EST
Squib
Points: 185
cshorte says:
That's great news!!!! Glad that there is still justice in the world!!!
Posted Sep 8, 2008 at 5:17 PM EST
Order of Merlin, 3rd Class
Points: 1433
Brianna Huckpuck says:
Thank goodness she won! People can be such greedy fools...
Posted Sep 8, 2008 at 6:18 PM EST
Lady of Godric's Hollow
Points: 5294
GodricsGirl says:
I'm pleased this has been resolved. Jo should be in full control of the Harry Potter Universe. If she wants an encyclopedia or Lexicon, it should be her call, her pen, or her approval.
Posted Sep 8, 2008 at 6:38 PM EST
Weaselette
Points: 3227
WickedLoz says:
What a relief!
Although I'm still unsure why the Lexicon couldn't make the distinction between referrencing and plagerism, I mean it is kind of obvious..
Now Jo can get back to writing the long awaited HP encyclopedia.. please??
Posted Sep 8, 2008 at 6:53 PM EST
Auror
Points: 2861
mad_eye muggle says:
That's great.I'm glad that this matter finally over and with a nice outcome in fact.
Posted Sep 8, 2008 at 8:20 PM EST
Student
Points: 285
NicoleHalliwell says:
YES! So happy right now! Hopefully Jo hasn't lost all hope now righting the encyclopedia!
Posted Sep 8, 2008 at 10:22 PM EST
Auror
Points: 2424
bonniewrightrulz says:
Phew! Thank God that's over now.I always knew Jo was going to win the case,that Lexicon should never ever have been published.
Posted Sep 8, 2008 at 11:41 PM EST
Order of Merlin, 2nd Class
Points: 1650
auntyj says:
Yes! While I liked the Lexicon site, I draw the line at them plagiarizing her work!! The only HP Encyclopedia I want to read is one written by Jo herself, even if it means a longer wait.
Congratualtions Jo!
Posted Sep 9, 2008 at 12:03 AM EST
Longbottom is My King
Points: 4729
Kelin says:
This is excellent news. Of course, if anyone who was following this with half a brain and some common sense would have figured JKR and WB were within their rights to sue.
Posted Sep 9, 2008 at 12:09 AM EST
Witch
Points: 671
draconifors says:
Best news i have herd scince the HBP movie change!!!!!yay
Posted Sep 9, 2008 at 1:38 AM EST
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