I was very troubled the ruling also. The court erroneously states the unofficial Lexicon will kill all demand for Rowling's official compendium.
"publication of the Lexicon would also result in harm to the charitable organization … More concretely, publication of the Lexicon would cause irreparable harm to the sales of Rowling's companion books, all the elements of which are replicated in the Lexicon for a similar purpose.* Readers would have no reason to purchase the companion books* since the lexicon supersedes their value" (emphasis added page 64) I am troubled when transformative works have to compete with hypothetical works where the reality is that the market is not mutually exclusive. Many many people will buy the offical version simply becease it is offical, the court fails at understanding markets for offical goods. The Lexicon may also encourage Rowling to put some new information into her compendium, which would actually encourge new works. http://freedomforip.org/2008/09/08/fair-use-takes-a-beating-from-jk-rowling/ I blogged on this yesterday, but only covered a few of the issues with the opinion. The court is also very negative on paraphrasing which troubles me. I am worried that the court is ignoring the idea that fiction can contain facts (facts about fictional things or events). I am working on a second post covering these issues later this week. -Brian On Tue, Sep 9, 2008 at 12:11 PM, Rob Myers <[EMAIL PROTECTED]> wrote: > -----BEGIN PGP SIGNED MESSAGE----- > Hash: SHA1 > > Groklaw has some good coverage as well: > > http://www.groklaw.net/article.php?story=20080909014304275 > > - - Rob. > > Parker Higgins wrote: > > I was pretty surprised by this result. I've been reading coverage all > day, > > and while I will say that this opinion is a little disappointing, it's > not > > as bad as it may have been. For one thing, the judge explicitly defends > the > > genre, saying that this example just happens to be infringement. Also, > > looking at the bright side, Anthony Falzone (of the Fair Use Project, and > > one of the lawyers for RDR) said, "We have a decision that's a very > useful > > guide to show people what they can do in the future as far as creating > > companion guides." So at least there's that. > > > > Also, it took me a while to find the (68 page) ruling, so if you're > > interested, it can be found on this page: > > > > http://www.likelihoodofconfusion.com/?p=1641 > > > > /parker > > > > On Tue, Sep 9, 2008 at 11:17 AM, Rob Myers <[EMAIL PROTECTED]> wrote: > > > >> > http://www.theage.com.au/world/jk-rowling-wins-battle-to-block-fans-lexicon-20080909-4cet.html > >> > >> "The magic still works for author J.K. Rowling, who has won her US > >> court battle to block publication of an unauthorised Harry Potter > >> encyclopedia." > >> _______________________________________________ > >> Discuss mailing list > >> [email protected] > >> http://freeculture.org/cgi-bin/mailman/listinfo/discuss > >> > > > > > > ------------------------------------------------------------------------ > > > > _______________________________________________ > > Discuss mailing list > > [email protected] > > http://freeculture.org/cgi-bin/mailman/listinfo/discuss > > -----BEGIN PGP SIGNATURE----- > Version: GnuPG v1.4.9 (GNU/Linux) > Comment: Using GnuPG with Fedora - http://enigmail.mozdev.org > > iEYEARECAAYFAkjGynQACgkQCZbRMCZZBfapigCglxD4raspjM/NmA/Tb9UlJYH+ > OdQAn1BAQaGXRvJ+WjmP4qsSYWFtZ8Kz > =0P5/ > -----END PGP SIGNATURE----- > _______________________________________________ > Discuss mailing list > [email protected] > http://freeculture.org/cgi-bin/mailman/listinfo/discuss > -- Brian Rowe 3L Seattle University (206) 335-8577 (Cell) Access To Justice Technology Principles www.ATJWeb.org Freedom for IP www.FreedomforIP.org
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