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Topic:
Harry Potter Chapter by Chapter: the JKR-SVA court decision
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JMJacenSolo
Registered:
May '06
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Date Posted:
8/27 4:51pm
Subject:
RE: Harry Potter Chapter by Chapter: New Cover of Book One
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I like the actual drawing, but I don't like the pallet. Seems a bit too sugary.
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yankee8255
Registered:
May '05
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Date Posted:
9/2 5:00am
Subject:
RE: Harry Potter Chapter by Chapter: New Cover of Book One
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Well, the start of another new month and still no decision in the RDR case.
Did anyone else notice that the hp-lexicon site has been down for quite a while now?
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yankee8255
Registered:
May '05
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Date Posted:
9/9 1:54am
Subject:
RE: Harry Potter Chapter by Chapter: New Cover of Book One
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Well the judge ruled -- in favor of JKR, which surprises me a bit. Mugglenet and TLC have all the links. The crux of the judges reasoning is on page 62 of the decision. Basically, he says that the lexicon isn't fair use because it copies more of JKR's work than is necessary for its purpose. He also found (correctly) that the lexicon would harm sales of the Magical Beasts and Quiddich companion books. Competition with JKR's own planned encyclopedia was found to be irrelevant.
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A perfect world: a house in the Hamptons with two solaria and a horse named Prickely Pete,
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and Luke the undisputed hero of Star Wars
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Zaz
Title: Manager, The Ampitheatre
Registered:
Oct '98
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Date Posted:
9/9 7:10am
Subject:
RE: Harry Potter Chapter by Chapter: New Cover of Book One
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Interesting.
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yankee8255
Registered:
May '05
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Date Posted:
9/9 7:28am
Subject:
RE: Harry Potter Chapter by Chapter: the JKR-SVA court decision
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My first posts on the subject were in the movie thread, but iirc I mentioned that a key issue was how much a reference work has to do to become "transformative" and thus a fair use -- is it enough to just compile the info in alphabetical order. That ended up being one of the key points for the judge -- he basically says that SVA did only that, either quoting or paraphrasing JKR for almost every entry. And that is not enough.
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A perfect world: a house in the Hamptons with two solaria and a horse named Prickely Pete,
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the O-OT legally available on DVD in a quality worthy of its greatness
and Luke the undisputed hero of Star Wars
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Vortigern99
Title: Manager Emeritus
Registered:
Nov '00
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Date Posted:
9/9 9:42am
Subject:
RE: Harry Potter Chapter by Chapter: the JKR-SVA court decision
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Excellent. I'm not a legal expert, but having reviewed the case as a layman, I drew many of those same conclusions. It sounds like logic and accountability are having their well-deserved day.
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Zaz
Title: Manager, The Ampitheatre
Registered:
Oct '98
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Date Posted:
9/9 11:50am
Subject:
RE: Harry Potter Chapter by Chapter: the JKR-SVA court decision
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The judgment is obviously going to be a landmark. The Judge had to be careful in the extreme.
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yankee8255
Registered:
May '05
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Date Posted:
9/9 11:06pm
Subject:
RE: Harry Potter Chapter by Chapter: the JKR-SVA court decision
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It's kind of funny, if you look at the comments on TLC, the users (probably most are in their teens I'm guessing, and devout JKR fans, almost in a cult like way) many complain that the judge didn't set a "precedent". I guess they wanted an explicit decision saying "JKR has an absolute ownership to HP and everything connected to him". As a trial court judge, that's not really his role, he clearly decided to judge the case purely on its own merits. And the decision those fans wanted is clearly not what the law says, and definitely not what the judge said. His decision seems exceptionally well thought-through, even RDR and Stanford said that, although they obviously disagree with it.
The one question I really have, though, is regarding the nature of entries a reference work like this would have. The judge faults SVA for paraphrasing too much from JKR -- isn#t paraphrasing precisely what a reference work entry does usually?
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A perfect world: a house in the Hamptons with two solaria and a horse named Prickely Pete,
Dr. van Nostrand as my primary care physician,
the O-OT legally available on DVD in a quality worthy of its greatness
and Luke the undisputed hero of Star Wars
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Zaz
Title: Manager, The Ampitheatre
Registered:
Oct '98
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Date Posted:
9/10 1:05pm
Subject:
RE: Harry Potter Chapter by Chapter: the JKR-SVA court decision
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Not necessarily. It depends upon the work. And in this reference work, the author is one person.
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