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Leaky Lounge > HP-Related Discussion: Diagon Alley > Leaky Sites: Cauldron's Corner > Special Event Archives > WB/JKR vs. RDR Thread Archive

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The Impact of the WB/JKR vs. RDR Lawsuit on the Fandom, How will YOU be affected?
MJLeakyCon
post Nov 2 2007, 03:02 PM
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OK, here's a split off of the Steve thread. Remember the rules, be nice, no flaming...let's have a great discussion!

Thanks!

futureweasley


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DaisyRenee
post Nov 2 2007, 03:12 PM
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I'm going to start by saying that I don't see any immediate effects from this lawsuit. It seems to only deal with this one book, and Jo said in her statement that she has not taken action on many other books and websites because she sees them as valid sources of expression. I think our fansites are safe.


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EruditeWitch
post Nov 2 2007, 03:15 PM
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Okay, well so far there seems to be two schools of thought on the impact of this lawsuit against Steve and RDR. (More RDR IMO):

JKR has been very good and gracious about fan sites who seek to revel in her work. She only gets upset when profit is being made of her work.

OR...

While she is within her rights, there is no guarantee about where this will end. This has implications on entire fandoms. Anything that celebrates another artist's work and uses that work in any way is subject to 'cease and desist'. While this may not be the case with JKR, just her doing it can start a trend and add a frightening legal precedence.


I subscribe to the latter.

Anyone else want to sound off to get started?


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mariami
post Nov 2 2007, 03:23 PM
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^ Really off topic, but I wish I could accio Jason Mraz *sigh*.

I don't think it will affect any of the online fandom. JKR said that she's ok with other books and other expressions of her work because, well, they are just expressions of her work, they are creative and most of them are not making profit out of the series. Fan fiction sites, fan art sites would be ok for her, because they just use her books as inspiration for other creations. Podcasts would be ok because they're just discussion news on the fandom, just like any other podcast out there, and none has ever gotten into trouble. It's the books that make profit I would be worried about. Even though she expressed she was ok with books analyzing aspects of her book and stuff, it's WB that worries me, they seem to ME, to be more in control of this suit that JK. But that's just my guess...


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DaisyRenee
post Nov 2 2007, 03:23 PM
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QUOTE(EruditeWitch @ Nov 2 2007, 08:15 PM) *
Okay, well so far there seems to be two schools of thought on the impact of this lawsuit against Steve and RDR. (More RDR IMO):

JKR has been very good and gracious about fan sites who seek to revel in her work. She only gets upset when profit is being made of her work.

OR...

While she is within her rights, there is no guarantee about where this will end. This has implications on entire fandoms. Anything that celebrates another artist's work and uses that work in any way is subject to 'cease and desist'. While this may not be the case with JKR, just her doing it can start a trend and add a frightening legal precedence.


I subscribe to the latter.

Anyone else want to sound off to get started?

I subscribe to the former, though I agree that it's more of a fight with RDR than anyone else.

Jo has said again and again how much she enjoys knowing that there's an online fan community coming together to celebrate Harry. She makes positive comments about fansites, and she even seems to be excited about certain kinds of fanfiction.

And most of all, she seems like a reasonable woman. She understands how huge the phenomenon has become. She knows that even if she were to decide to close down all the fansites (which I don't believe she ever will), it would be far too great a task. And I believe she knows not to paint all online fans with the same brush. The fact that some people attempt to make a profit by useing her work or her name illegally (like those who try to sell fake e-books online) in no way implies that all fans are untrustworthy and should be shut down. Jo's a smart woman. She knows all that. And frankly, every encounter between Jo and a fan I've seen or heard about has shown just how much respect she holds for her readership.

She's not going to yank the rug out from under us.


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coppertopchopper...
post Nov 2 2007, 03:25 PM
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I'm with DaisyRenee, I don't believe the other fansites are in danger so long as they are not for profit.
She said as much on her updated News post.


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abstracted
post Nov 2 2007, 03:28 PM
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I subscribe to the former.

JKR has had to put her foot down before. For example (and this is just one), she asked Mugglenet to not publish their version of a Potter encyclopedia.
The difference? Mugglenet understood, and they actually "ceased and desisted".
That's why we didn't hear this big uproar, or anything similar. Most fans feel as though this is the FIRST time that fandom has had a huge obstacle like this. But the thing is, we never had a totally and completely free reign before. It's just that we knew our limits and understood them.

This whole ordeal may never have become public, and there never would have been this huge rift in random, if Steve and/or RDR Books had communicated politely with JKR/WB, and respected JKR's wishes. If RDR Books hadn't tried to surreptiously publish the book, things would not have reached this level.

So, my point is, it's not like JKR or WB have changed what they accept in fandom. They aren't any "bigger". Steve/Lexicon just tried to get too big with this.

Which means that wizard rock, fanfiction, sites like Leaky, and even your good ol' Hogwarts-type sites are all still safe. They're not trying to make a profit off of work that is purely JKR's.
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davidenglish
post Nov 2 2007, 03:34 PM
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QUOTE(EruditeWitch @ Nov 2 2007, 08:15 PM) *
Okay, well so far there seems to be two schools of thought on the impact of this lawsuit against Steve and RDR. (More RDR IMO):
Well, judging from RDR Books website, they're a Quixote publisher who revels in tilting at windmills. They may think they're championing Free Speech, but I think they're just delusional.
QUOTE
JKR has been very good and gracious about fan sites who seek to revel in her work. She only gets upset when profit is being made of her work.
Absolutely, Jo has encouraged fan sites. She's encouraged fanfiction --at least, she's tolerated it. And she knows perfectly well, as she said, that books that review her fictional world and critical analysis are legitimate.

The HP Lexicon is only legitimate as a free, not-for-profit website. (Does it even have ads?) But it's content is most paraphrasing of the content of the books and so too derivative to be copyrighted by Steve Vander Ark. And it would be too close to a book she's mentioned off and on for some time. So you can't say Steve wouldn't have known he'd be treading on toes. Big toes.
QUOTE
While she is within her rights, there is no guarantee about where this will end. This has implications on entire fandoms. Anything that celebrates another artist's work and uses that work in any way is subject to 'cease and desist'. While this may not be the case with JKR, just her doing it can start a trend and add a frightening legal precedence.
What's frightening? There have already been legal precedents set. What might be disturbing for some fan sites is if they're generating big dollars through advertising while pretending to be innocent non-profit organizations. (BTW, the Lexicon is a dot org. Not a dot com.)

If fan fic got out of hand, JKR would be within her rights to issue Cease & Desist orders. And judging by the number of posters who have suggested Jo's mean, petty, greedy, egotistical, unfair and overbearing, I'd say she'd be silly not to slap a few fan sites hard if they carried on like that. There's no excuse for being rude about the creator of our obsession.

Steve is NOT Jo. He's done nothing extraordinary other than catalogue what's in the books and reconstruct what's in Jo's notebooks. He's clever, obsessive and a bit, shall we say, retentive.


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hedwig2323
post Nov 2 2007, 03:44 PM
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I subscribe to the former. I do agree this suit could possibly set a legal precedent that could affect fansites in the future, but that still remains to be seen and I think its really jumping to conclusions to get too worried about it at this point. Also, I've gotten the impression Jo actually enjoys the internet fandom. Potterwatch anyone? That to me was a huge nod to the HP podcasts.


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EruditeWitch
post Nov 2 2007, 03:48 PM
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QUOTE
it's WB that worries me, they seem to ME, to be more in control of this suit that JK. But that's just my guess...


This is more where I lean toward with my worries on the effects of the fandom. This is a suit being jointly filed by WB that gives them leeway over so much, and while JKR migh not use them, WB could use the legal benefits they get from this suit.

I beleive JKR when she says she enjoys this fandom, but I don't trust that she'll always interpret it that way. Especially with WB claiming ownership over so much of her work.

I'm worried our author is becmoing a puppet of something larger. I think Steve is too.


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