You’re probably right in that this lawsuit, if WB/Rowling wins it, won’t hurt fansites. But in the legal mind, there’s a small jump from the Lexicon trying to make a profit on something like a copy of its website & websites making revenue off a work as well. Leaky makes a small revenue from advertising, but they ONLY make that revenue because of JKR’s work. They are profiting, in whatever small way, off of what she has produced. Now, they may be doing news & commentary, but they also have screen shots & what not on there.

Despite what JKR may think is allowable, there’s always the chance her lawyers or WB’s lawyers or Bloomsbury’s lawyers will think different. Media companies are continually pushing the boundaries of copyright law. Just look at the MPAA & the RIAA, which are basically claiming that they still own any music or movies you’ve bought from them.

I listened to the Pottercast where they discussed this & yes, all they say could be true, that if WB/Rowling win this suit, it won’t be open season on fan sites. But that’s discounting human nature. And whether or not you or I personally may think a website is different than publishing a book, that’s not to say there’s some lawyer or judge or jury out there who thinks different & has the legal authority to make their decision stick.

That being said, I don’t quite agree with SVA either. I think the publication of the Lexicon as basically just a screen shot off the Internet is laziness. It would’ve been so easy to add commentary or other features to this work, that would have clearly made it viable under current law.

Some comments in general – sometimes I can’t always hear the voice mails (maybe it happens to be my download or something). Sometimes it is hard to understand what the callers are saying- the caller on todays show was a little hard to understand. Could you summarize what people say in their comments since they can be hard to hear before you comment on their comments?

I have been meaning to comment on your opinions on the Steve Vander Ark / RDR lawsuit for awhile. To me, this is a very open and shut case, and I agree with Leaky’s position on this (and people unconnected to the case, but HP fans – I manage the Harry Potter Meetup Group in Seattle – agree with me on this, even though they might not be fans of Leaky and / or Pottercast). Publishing the book, a copy of the website, is a clear violation of copyright law. The Lexicon is fantastic because it catalogs all the information from the books and puts it in an easy to find form. But really, there isn’t much commentary there. It IS making a profit off of something that someone has written. The Lexicon website may get some advertising revenue, but that is not the same thing as *publishing* a book for profit. I do not think this lawsuit will hurt the fansites / wizard rock or anything at all (what SVA said). There is a difference between cataloging information / sorting it like the Lexicon does, to our benefit, and commenting on it / looking at themes. The latter is something that you do well, and you and other sites have nothing to fear from this lawsuit. Anyway, I’ve been wanting to say this for awhile – I really don’t think a website is the same as publishing a book.

Anyway, keep up the great work with your podcast!

I also thought your previous podcast was most prescient of the information that came out about JKR’s depression. Great job of discussing POA. And good job on this podcast, too.

Janet said: “it tends to make you look like a rude, attention-seeking twit which I am sure is not really the case.”

Nope, that’s pretty much spot on.

Janet- I don’t thing he is trying to be rude it’s mosly just the kid inside

Penny, that was the first time I have ever left a message even though I have been listening for a long time. I have been enjoying the Patterns in Potter theme very much.

And I look forward to checking out your proof.

BTW, Janet- I appreciate your sticking up for me, but I have to be honest on one count, with the Patterns in Potter I (sadly) have not done the research I should have before the episodes; therefore, it wasn’t a case of Greg not letting me speak, most likely it was a case of me having nothing to say. But I did re-read a good part of GoF over the weekend so I should have PLENTY of material for the next episode! In any event, I don’t think you have commented here before (or if you did, it hasn’t been for a while), so welcome!!! and please stick around and offer your insights.

if you want to see a hands down incontrovertable support for Greg’s thesis there is a paragraph in DH (US – 679 , UK – 545) which pretty much sums up the themes of book 1-4 in two paragraphs

I wanted to chime in about how I love this podcast precisely because it is a straightforward discussion about the books. I do like PotterCast and Mugglecast but it is so refreshing to have a show like HP Progs where you get right down to debate without any glitz. I have yet to find any of any of your episodes boring! I do wish, though, that Penny would be given more air time to share her excellent opinions. If Greg doesn’t want to cut down his time you could just make the show a little longer.

By the way, Greg, the listeners DO care that you keep interrupting Penny during the news. I know you think it is funny but it tends to make you look like a rude, attention-seeking twit which I am sure is not really the case. Besides that, it is also very annoying to listeners who might actually be interested in the news. So please do us all a favor, and wait until she has finished before you give your comments.

keep up the good work!

dirk~