OMG. I’ll admit it you had me as well(lol)!
See ya guys,
Nick

On 3/31/09, Simon Jaeger <simon4...@gmail.com> wrote:
> you are so evil! You actually had me on that one!
>
>
> Simon
>
> ----- Original Message -----
> From: "Phil Vlasak" <p...@pcsgames.net>
> To: "Gamers Discussion list" <gamers@audyssey.org>
> Sent: Tuesday, March 31, 2009 10:39 PM
> Subject: [Audyssey] Sarah game infringes J.K. Rowling’s copyright
>
>
> Just in: After four months of deliberating, Judge Robert Patterson has ruled
> that the Sarah and the castle of witchcraft and wizardry game infringes J.K.
> Rowling’s copyright in the Harry Potter series.
>
> According to the AP, Judge Patterson granted an injunction, ruling that
> Rowling had proven that PCS Game’s “Sarah and the castle of witchcraft and
> wizardry” would cause her irreparable harm as a writer.
>
> The suit, filed late last year against PCS Games, an independent game
> developing company in Michigan, alleged that plans by Michigan-based game
> developer PCS Games to sell a game, Sarah and the castle of witchcraft and
> wizardry, who's Web site that serves as a rather daunting compendium of all
> games for the blind, violated Warner and Rowling’s copyright and takes away
> the future market for a similar game that Rowling and Electronic Arts plans
> to develop.
>
> Here’s the opinion.
>
> Judge Patterson ruled in Rowling’s favor because the “Sarah game"
> appropriates too much of Rowling’s creative work for its purposes.” He also
> wrote that, “While the Sarah game, in its current state, is not a fair use
> of the Harry Potter works, games that share the Sarah game’s purpose of
> aiding blind game players of being able to play a Harry Potter game
> generally should be encouraged rather than stifled.”
>
> Ethan Horwitz, an IP lawyer at King & Spalding, told the Law Blog: “What
> Judge Patterson is saying is that when you look at fair use, one of the
> dominant issues is, are you providing commentary or taking the value of the
> work and selling it as your own? He decided that the value of the work was
> being taken, that [Rowling] had the ability to develop the kind of game that
> PCS Games was putting out, and that she’d indicated an intent to do so.”
>
> April Fool!
> smiles,
> Phil
>
>
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