The majority of the fandom seems to be pro-JKR on this one, both since the other guy is something of an asshat and because he seemed to think he could profit from the hard work other people put into his website, not to mention recycling original material (some 92% of the content of his so-called Lexicon was just quoting from the books). Not so much of a problem while it was free online, not so much when you're trying to print it and charge $25.
Also there was concern that if JKR didn't win, this would see the floodgates opening in terms of authors cracking down on unofficial sites in order to protect themselves from risk of similar activity.
Ah, okay! I've never been to his site, but I heard about Rowling giving her okay to the site itself. I had the impression he'd done all the work himself. What I wonder is, did the Guy who runs the fansite state out on his page that this (wiki) was owned exclusively by him, and therefore, any writing/entries added to it were owned exclusively by him and the site? Most fansites don't run that way (I don't think). Or was it open system? I'll have to check it out myself, I think!
Hmm. There's a similiar kerfuffle going on with Dr Who/Torchwood fandom, with a (self)published writer poaching reviews and comments made on LJ. Nialla42 has a comment on it. Have you seen that yet?
It's interesting this attitude that EVERYthing out there on the internet is free and not under copyright or owned.
I would guess more than 90% of the essays et al on the Lexicon were done by other contributors, and all the artists and writers I've heard from say they never heard anything about any book. I don't know if it's ever been cleared up, but either 1) He presented other people's work as his own (considering the essays and art also show up on their creators' web spaces, it's obvious they never considered any transfer of ownership to have taken place), or 2) He stripped out everything but his own work and now the lexicon rightly doesn't meet the definition of "transformative."
Most fans who have a basic understanding of copyright law (including ones like me who are not looking forward to JKR putting out her own reference work) have been against the publishers on this one.
Given that an incredibly high percentage of what was in the proposed print version Lexicon was direct quotations from the original canon, I'm assuming he went for 2) - around the time of the original trial there were segments of the proposed book knocking around and they were definitely not literary criticism (unless criticism = alphabetising).
If he weren't such an asshat I would suggest that once SVA realised option 1) was going to get his arse kicked by a large number of people, he lived in hope that JKR was not in such an arse-kicking mood. Clearly he was incorrect.
SVA is indeed an asshat - but I have to put the bulk of the blame at the feet of the publishers (who are rightly the ones who were named in the suit). The average person is perhaps allowed a little stupidity as to what is and isn't publishable, but that a group of professionals saw something with the Harry Potter name attached and didn't look into every legal precaution imaginable borders on the willfully moronic.
Ruling announced today and alreay at 6 pages of comments (and counting) at F_W. I tell you, no-one else brings the crazy quite like Potter. Highly entertaining.
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carisma_sensei
no subject
Date: 2008-09-08 07:43 pm (UTC)I guess I got that completely wrong. Did the fan/guy in question make an ass out of himself somehow?
no subject
Date: 2008-09-08 07:59 pm (UTC)Also there was concern that if JKR didn't win, this would see the floodgates opening in terms of authors cracking down on unofficial sites in order to protect themselves from risk of similar activity.
no subject
Date: 2008-09-08 08:04 pm (UTC)Hmm. There's a similiar kerfuffle going on with Dr Who/Torchwood fandom, with a (self)published writer poaching reviews and comments made on LJ. Nialla42 has a comment on it. Have you seen that yet?
It's interesting this attitude that EVERYthing out there on the internet is free and not under copyright or owned.
no subject
Date: 2008-09-08 08:16 pm (UTC)Most fans who have a basic understanding of copyright law (including ones like me who are not looking forward to JKR putting out her own reference work) have been against the publishers on this one.
no subject
Date: 2008-09-08 09:25 pm (UTC)If he weren't such an asshat I would suggest that once SVA realised option 1) was going to get his arse kicked by a large number of people, he lived in hope that JKR was not in such an arse-kicking mood. Clearly he was incorrect.
no subject
Date: 2008-09-08 09:52 pm (UTC)no subject
Date: 2008-09-09 06:43 am (UTC)no subject
Date: 2008-09-09 02:10 am (UTC)