Lol, and I was expecting old Jk to suddenly appear on this list asking about
visual basic 3d sound, ----- unless she already knows if she's capable of
producing her own accessible Harry potter game.
Beware the Grue!
Dark.
----- Original Message -----
From: "Phil Vlasak" <p...@pcsgames.net>
To: "Gamers Discussion list" <gamers@audyssey.org>
Sent: Wednesday, April 01, 2009 3:39 AM
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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