Day 3: J.K. Rowling/Steve Vander Ark Trial Continues
Ginny, have you seen my Firebolt?
The trial over Steve Vander Ark and his Harry Potter Lexicon continued today in New York, in what appears to be the final day of testimony. According to the WSJ Law Blog (which may be suing HPProgs for copyright, as we’ve been linking to and excerpting from the quite liberally), the defense (i.e. SVA and RDR) seemed to have the upper hand coming out of today’s session. HPProgs legal analysts (read: hacks) think this might indicate that the judge really favors Rowling, but was testing their side more rigourously to see how they stood up to scrutiny. More likely, though, he’s leaning towards RDR/SVA.
The WSJ also posted an interview with an IP lawyer who gave his opinion on the case (long story short: too close to call). Did we mention that Anthony Falzone, one of the attorneys for the defense, used basically the same argument we did in yesterday’s podcast discussing the trial? He must be a listener (we’ll send you a bill).
In the meantime, more information has come to light. Commentor Bill posted a link to a site that contains most of the information that has been submitted for the case (I think lawyers call these things affidavits). Included in Bill’s comment was an excerpt of an email exchange between SVA and JKR’s representatives; what emerges is a very disturbing picture of a case of an obsessed fan taking things too far. This, of course, has no bearing on the legality of the Lexicon as a published work, but certainly adds a nice amount of drama and context to the entire affair.
Check back tomorrow for more updates on the trial. We here at HPProgs are hoping for a settlement; short of that, we’ve got two galleons on RDR/SVA.
Tags: copyright, fair use, Harry Potter, JK Rowling, jkr, lexicon, rdr, Steve Vander Ark, sva, Trial
April 17th, 2008 at 8:31 am
The washington post online had a great article about the trial yesterday. It was actually quite funny! Check it out!
April 18th, 2008 at 9:30 am
I must read it! I have to admit, I am pretty lost when it comes to the whole legal side of this.
April 18th, 2008 at 2:40 pm
I gotta say, as much a fan of JK Rowling as I am. Im on Steve Vander Ark’s side.
April 18th, 2008 at 3:37 pm
I am not sure which side I sympathize with. If SVA had said that the book was for charity, or something like that, I would support him. However, as it is I’m not sure what should happen.
April 19th, 2008 at 7:07 pm
I sympathize with SVA. I really don’t want them to stop fan fictions.
April 19th, 2008 at 9:52 pm
Another interesting story about the trial from Yahoo.
http://news.yahoo.com/s/ap/20080420/ap_on_en_ot/harry_potter_lawsuit
April 20th, 2008 at 9:46 am
I’m personally on SVA’s side. I am also really glad that this podcast and blog is taking a more fair look at the case than others. I look forward to any more commentary that will come out of it.
April 20th, 2008 at 1:23 pm
Well, If I enjoyed fan fiction I’m not sure SVA is the one I would support. Seems to me that if he wins, the message to authors and copyright owners is going to be to tighten up control from the onset so that fans never have as much access to their material as JKR allowed Vander Ark. I would think that anyone who wants to play in the fandoms—this or any other—with fan fiction, fan art, web pages, podcasts, youtube fan videos and whatever would be rooting for JKR big time, hoping that her trust in fans to enjoy and celebrate her work without appropriating it as their own would be proven to have been well placed. As far as I can tell, if Steve Vander Ark wins, petty much only Steve Vander Ark wins. He gets his book, he makes his money and everyone else pays for it.
Greg and Penny did a good job of pointing out the differences in law and morality here but I think you can also expect a difference in the verdict and the repercussions. It’s not who wins, it is what happens because of who wins that will impact the fans….and remember JKR still owns the sandbox. At best Steve Vander Arc is going to end up with a handful of her sand.
Just my opinion.
April 20th, 2008 at 1:50 pm
If I understood the yahoo article I reference earlier correctly, it’s already legal for WB or JKR to enforce copyright restrictions on fan fic & art & what not, so long as it’s not against people doing fair use things. The reason they don’t enforce it for the most part is that there are too many people, who don’t have deep pockets, to go after. Plus, companies & authors allow a lot of it based on the idea that anything that keeps the fandom & therefore profits coming in is good pr for the companies & authors.
I think the main thing in the SVA case is that both sides recognize that a lexicon falls under fair use provisions; WB & JKR, though, are arguing that SVA went beyond fair use to copying most of his work from Jo’s work. If, as has been claimed by WB & Jo, that the lexicon uses up to 90% of her work, it’s kind of hard to claim that as a fair use case.
The person making the most sense in this case so far seems to be the judge. He seems to realize what a can of worms could be opened up by a win for either side.
April 20th, 2008 at 1:59 pm
Bill makes a lot of good points. On the flip side, I don’t see the Lexicon publication taking any profits away from the other side. I still believe that any Harry Potter themed work by JK Rowling is going to sell regardless.
Now this is all my opion and not backed up by anything but observation, but I rally do think that JK Rowling used the fandoms prognostications and theories along with some fan fiction for idea’s in the series. In our past discussions of Deathly Hallows there were so many theories and idea’s we heard from fans incorporated in the book that it struck me as her way of saying thanks to the fans by including them in her story. A less enlightened thought would be to say she used the fans for idea’s to write a sure fire ending without her having to strain her own imagination further. I lean more toward the her doing it out of thanks but will admit the fandom was an ultimate weapon against writers block.
The damage being done by this trial is to that relationship between fans and artist. Either way it goes it is an ink blot on what was a very special series.
I don’t know SVA or JKR but think that if she had not intended on using the years of work done on the lexicon in much the same way as the other fan idea’s that there would be no need for her to fight it in the first place. What ever the motives of either party I must side with SVA. I base this on a gut feeling but that has served me well in my past.
April 20th, 2008 at 8:31 pm
I think it’s an interesting theory that JKR included fan theories in her book but the more logical conclusion would be that the whole reason that those theories existed was because one could draw certain reasonable conclusions from the text. At least in my opinion, the ending of the series was consistent with the previous six books and could be traced back to JKR’s early writings. Therefore, fans were able to draw the correct conclusions to the series.
April 21st, 2008 at 8:18 am
I have got to agree with Bill, he makes valid points about the impact of the verdict is going to have in the fan community.
JKR gets my backing whole heartedly. I dont think SVA thought it would come this far. RDR books seems to have taken the work of a fan, perhaps even manipulating SVA and it has ended up in a trial. I find it very distasteful that a fan would take JKR to court. SVA was never employed by JKR and created the lexicon for the pure pleasure he got out of it. I have not been following the trial religiously, this is only my opinion but the impact on fandom is worrying if SVA wins. I don’t want to see the fanfiction, fanart etc being taken off the net.
Keep up the great work Greg and Penny.
April 21st, 2008 at 5:56 pm
I’m glad! I was worried there for a minute.
I am personally shifting towards JKR’s side, because of the impact it will have on fandom if SVA wins.
April 22nd, 2008 at 2:50 pm
There won’t be any impact on the fandom. There is no way in heck that they could shut down all the fan sites. I mean look at the debate over illegal movie and song downloads… They are illegal, but they are still all out there for people to get there hands on.
IF JKR or any other author played against fans in anyway shape or form than well you’ll see a backlash in the fandom.
April 22nd, 2008 at 3:30 pm
I blame Al Gore. If that son of a gun had never invented the internet there would be no issue. I think it is his fault I had to turn on the air conditioning in April as well. Somebody needs to do something about that dude……
April 22nd, 2008 at 3:32 pm
Wonder how much a deluminator saves on the light bill?
April 22nd, 2008 at 4:51 pm
Good question. But couldn’t you just turn out the light instead?
April 22nd, 2008 at 6:16 pm
Yeah but couldn’t you like zap a street light and return it into your livingroom or something?
April 22nd, 2008 at 7:05 pm
I don’t think so. First of all, that is morally bad. While a Slytherclaw like me might be able to do something like that, most people consider that stealing. Also, the light would just hover on the ceiling. The light can only enter it’s own lamp again, if I am correct. Fine if you don’t have morals, and don’t mind reading by a tiny sun on your ceiling.
April 23rd, 2008 at 4:19 am
Welp guess the deluminator is a bust. You know it just occurred to me that JKR should just dump the whole law suit thing and write the book about 12 ways to charm witches. I would find that much more interesting. Morals as with any belief is open for interpretation. There is no way to convince a person that something is not true if they believe it to be so. Is this a flaw in humanity? Perhaps not but when others use emotion and beliefs of others to further their own agenda then you find the true corruption in morality. Truth is personal, everything else just is.
April 23rd, 2008 at 1:03 pm
I think that she should write Hogwarts: A History. I would so carry it with me every where, and like memorize it. Just like the rest of her books!