Lexicon Steve Case: Part IV, Continued discussion here |
 Feb 14 2008, 12:44 AM
Post
#491
|
|
Professional Diagon Alley Window Shopper  Posts: 66 Joined: 10:56pm March 31, 2007 Location: In the Cave, looking for Slytherin's Locket.   |
QUOTE Actually, I disagree. Why do you say it would have been all or nothing? Fair Use is a legitimate defence. So, why wouldn't they argue that over lunch rather than before a judge's bench? You can read the first C&D letter from Sept 18th here. It actually outlines the entire legal case that WB/JKR has followed and could have been reviewed by RDR's copyright lawyer, if he had one, and they could have responded to it before October. It's actually quite hard to tell.(But I have to agree with you in some senses.) Reading your link, it sounds like it is saying an encyclopedia isn't okay because it's is derivative, seems official, and JKR is writing one herself. One could look at that as though JKR/WB feels like encyclopedias aren't really okay unless they are commentary books.(Which is at least kinda true) This would have turn the book into something it was not. Even if you added commentary to each entry, it probably still would have violated WB/JKR rules.(Unless you added a hole ton of commentary) So in a way it was kinda an all or nothing.(Don't publish your book, write a new commentary book by the same name.) But, they definitely should have gotten a discussion started before going to court. I see no reason not to try to resolve discussion before going to court. Just think, we might have been able to avoid this entire case if RDR had thought out its actions. @Moriah, While I don't agree with all of them, you bring up some good points. --------------------  |
 |
 
 
|
|
Feb 14 2008, 12:58 AM
Post
#492
|
|
Official Singer of the Sorting Hat Song Posts: 6,605 Joined: 3:12pm July 22, 2005 Location: Lost in Hermione's beaded bag  |
QUOTE(Moriah @ Feb 14 2008, 06:12 AM)  davidenglish, I don't always agree with how you present things but I do tend to agree with you on some of the facts and I also tend to side with JKR on this case, just as you do. You feel more strongly about that and the reason I don't feel as strongly is because I have been more of a casual observer than you have. I would guess that most people in this thread are more casual observers than you are, though. I also tend to see more shades of gray than you have and I do disagree that no one has said bad things about Lexicon staff here. You yourself have gone through the Lexicon and posted many mistakes that you've found. I don't know when you started doing that, probably after SVA's update back in December. Of course, you are only pointing out facts but it is clear that you are trying to discredit SVA as an author and in doing so, I would venture a guess that you are pointing out mistakes that his staff has made too. Even so, that is just one example and remarks made about Lexicon staff do not have to be on Leaky for SVA's claims to be true. I did not see her comments on SVA as an attack. But then I seem to have a different idea of what an attack is. I've bolded your comments about me above. I have been critiquing the manuscript of the 'lexicon' book. I have pointed out paraphrasing where SVA said there was none; I've pointed out errors and critiqued the academic style since RDR claimed this was a definitive and scholarly book. That has been to discredit the claim of Fair Use. That's a valid defence of WB/JKR's case. I take offense, however, at your claim that I have attacked the Lexicon staff. I defy you to show where I have done that. I have wondered why only SVA's name is on this book. He's the Author of the Work, and yet he openly says he can't tell whether he wrote an entry or one of his volunteer staff did. I did not see any mention of a 60/40 split of the royalties, but that's how the real authorship is divided according to SVA himself. I have read RDR boast again and again of an elite team of librarians and scholars, but their names do note appear on the cover and they do not share copyright. Indeed, I have actually said that I thought he treated his staff disrespectfully by not going through the proper channels and seeing that this book did not put the website or his staff at risk. I don't see the names of any of the Lexicon's staff indemnified by RDR. And all their hard work may be lost through his thoughtlessness. So, no, I have not and never will attack the Lexicon staff.  I'll even post the Support the Lexicon link. This post has been edited by davidenglish: Feb 14 2008, 01:15 AM -------------------- Come the words that bubble
Up through broken laughter, Sweeter than spring-water, "Gods, I am so happy!" |
|
|
|
|
Feb 14 2008, 01:15 AM
Post
#493
|
|
|
Being Eaten by the Pea Soup Posts: 38 Joined: 9:15pm March 30, 2005 |
QUOTE(Moriah @ Feb 14 2008, 06:12 AM) I disagree again. SVA made an update on his own site and Melissa responded to it here when she could have responded to him privately. She brought the discussion over here, brought up her own personal disappointment with SVA and even asked if we as members have felt her to be biased or not. That opens the door to comments like the ones that have been made. Actually, there was a post shortly before Melissa's that copied Steve's blog exactly and put it on here. It's been frequently done before with Steve's comments on the blog from now and months earlier. So, personally, I think that it would have been discussed thoroughly as everything else seems to be done here. We respond to Melissa's post because it's Melissa. But we would have thought and discussed and posted about Steve's latest comments regardless. The same information probably would not have come up, but there might have been a great deal more speculation which may have been more harmful. Why doesn't Steve be the one to NOT post things and keep it behind the scenes and do things privately? Personally I feel that he's in a position where he'd be wise to stop posting things about the case in public. RDR has done that quite a bit, and perhaps you have (or haven't) read how much they're criticized when they do so on here. JKR won't talk about it...haven't seen a WB statement about it. Not saying who is wrong or right here, but I wish all there was to discuss was the case itself because that's what is truly important here. |
|
|
|
|
Feb 14 2008, 01:32 AM
Post
#494
|
|
The nicer member of the A-team  Posts: 5,461 Joined: 5:33pm March 30, 2007 Location: Pushing the sweets trolley on the Hogwarts Express  |
OK guys. We've reached that time again: 50 pages in so it's time for a squeaky new thread which can be found here. Which means that this thread is now closed for business
-------------------- |
|
|
|
