The JKR/RDR/SVA case

[pegkerr]

If you said, "Huh?" after reading the title of this post, you are clearly not in the Harry Potter fandom and have no idea of the DRAMA going on in a New York courtroom this week, so feel free to skip.

I wrote about this case before. There are excellent commentaries over at praetorianguard's journal and chaeche's posts at fandom_lawyers.

I still can't believe that Steve did it. I considered myself friends with him back when we worked together on the HPEF Board of Directors. I just can't imagine what he was thinking. It's extremely painful to watch him destroy his relationship with someone he absolutely idolized because he was either a) inexplicably greedy and/or b) inexplicably stupid. I don't know which it is, but watching from afar, either alternative feels awful.

I hope and expect JKR to win this case. I don't know if and how Steve can pick up the pieces of his life again when it's over. (And that's not even the considering the possibility that praetorianguard raised that his erstwhile publisher RDR might turn around and sue him because of the irregularities in the indemnity clause in the contract.) He'd quit his job, and cut himself off by his own actions from the HP community he loved and reveled in.

Hubris indeed.

Comments

[knitmeapony.livejournal.com]

Hubris perhaps, but in terms of copyright law I honestly hope JKR loses. Yes, he was a dick about a lot of what he did, but in many ways he's in the right in terms of commentary and academic fair use.

[pegkerr.livejournal.com]

Did you read praetorianguard's posts? Here and here

[knitmeapony.livejournal.com]

I have, and I don't entirely agree. Unfortunately, I haven't read the actual complaint all the way through... but I trust Tim Wu, he's a terrific attorney and Intarwebz Fella, and I think this is the right case here: http://www.slate.com/id/2181776/

I love and adore J.K. I think she's trying to do right by her material. I think Steve's been a real jerk, and he really really could've handled this better.

But I think Tim's got it straight; encyclopedias are not adaptations, they are an entirely a fair use.

[arian1.livejournal.com]

You should go back and read the complaint. It's not fair use. (see above)