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Lexicon Steve Part II, Continue the discussion
DorisTLC
post Nov 5 2007, 02:40 PM
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Since the original discussion on the Encyclopedia has gotten to 50 pages I'm closing it and opening a fresh one. You'll find part one here.

Please remember our #1 rule is to be nice. Thank you in advance for the mature and well thought out discussion.

Doris


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EruditeWitch
post Nov 5 2007, 02:44 PM
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DaisyRenee:

I didn't take it as snarky! To make it up to me though, if you are in fact riddled with guilt, you can always just read my fanfiction!

I'm kidding...

I don't think JKR would ever really "go after us" in any sense...but I don't trust WB. That's the point I'm making when I say I'm wary of what this could start.

I would use the term slippery slope again, but I dont' need to channel Rick Santorum today.

ETA:

I'm a jerk, this post is more apt for the Fandom Effect thread.

but My feelings on the legal aspect of things is JKR is within her rights to do whatever she pleases with her work, and Steve really has no choice but to adhere.

However, I feel for Steve. I think he's stuck between a rock and a deatheater.


This post has been edited by EruditeWitch: Nov 5 2007, 02:50 PM


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davidenglish
post Nov 5 2007, 05:05 PM
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For an ironic laugh, one might want to read the May 11, 2007 entry at HP Lexicon's What's New. SVA told his lawyer to issue a Cease & Desist letter.

The June 27, 2007 entry is very amusing as well. Apparently they've entered the text of Fantastic Beasts into their database, but they "have intentionally NOT included all information about each beast so that [their] site doesn't discourage anyone from buying the book itself."
doh.gif
Of course, what percentage of "all information" was left out is not mentioned. And that's the big factor in a copyright infringement suit.

I've taken my big, deep breath, but I still find SVA to be wearing a garlic-smelling turban and I can't help wondering what one will find under those wrappings.


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Books_4_eva
post Nov 5 2007, 05:07 PM
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Ok I'm going to continue the pie analogy form the end of the last thread and on why JK wont let SAV have a slice of the pie so to speak.

Ok you've baked this pie, you have put your time, effort and love into this pie and it will certainly be a delicious pie.
Now you have left this pie to cool on the window (yes isn't it just the ultimate cliché) A neighbour that your friendly with comes over seeing the pie and asks for a slice. You say no for whatever reason.
You turn your back and when you come back to the pie you see that this person has taken a slice. How would you feel finding this person you where friendly with has taken a slice of your pie after you said no. Now you could let the person take the piece after all they took the trouble to go get a knife and cut a good maybe even small slice of it. But then what would happen maybe someone else, another friend or whatever sees him with a slice of pie and asks for a bit to, but now you can't just say no I mean the other person has pie and you allowed it. Soon your left with no delicious pie that you spent time on left for yourself.

I making myslef hungry now wink.gif mmmmmmmmmm delicious pie *drools*


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va32h
post Nov 5 2007, 05:19 PM
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I think a more accurate pie analogy would involve say...sharing a recipe for pie and having that recipe published in a cookbook without your consent. Although the HP series is too big to be just one recipe. Let's say it's a cookbook itself, full of recipes, and someone else comes along and takes those recipes, rearranges them, and publishes it as their own cookbook. Is that infringement? I don't know - there are a lot of awfully similar cookbooks out there.

What if the other person takes those recipes, includes a lot of notes about the origins of each dish and other uses for the same ingredients, and charts the evolution of each dish...would that constitute a new work, even though it is based on someone else's recipes? Again I don't know.

And I'm not asking anyone to tell me either, these are rhetorical questions.

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Books_4_eva
post Nov 5 2007, 05:30 PM
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QUOTE(va32h @ Nov 5 2007, 10:19 PM) *
I think a more accurate pie analogy would involve say...sharing a recipe for pie and having that recipe published in a cookbook without your consent. Although the HP series is too big to be just one recipe. Let's say it's a cookbook itself, full of recipes, and someone else comes along and takes those recipes, rearranges them, and publishes it as their own cookbook. Is that infringement? I don't know - there are a lot of awfully similar cookbooks out there.

What if the other person takes those recipes, includes a lot of notes about the origins of each dish and other uses for the same ingredients, and charts the evolution of each dish...would that constitute a new work, even though it is based on someone else's recipes? Again I don't know.

And I'm not asking anyone to tell me either, these are rhetorical questions.


Maybe, but I was going for a more metaphorical comparison than that more accurate one.
Plus I'm not sure how copyright goes for recipes, I mean there’s the basic recipe which is far to widely used and no possible way of tracing it back to it's original creator. So that leaves the basic recipe in the public domain, it’s what ever you add to the pie that would make it your own recipe.


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It's a sad truth of life that at one time or another all good things must come to an end.


As written on a gravestone:
As you are so was I.
As I am so you will be.
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cbm
post Nov 5 2007, 05:40 PM
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QUOTE(va32h @ Nov 5 2007, 05:19 PM) *
I think a more accurate pie analogy would involve say...sharing a recipe for pie and having that recipe published in a cookbook without your consent. Although the HP series is too big to be just one recipe. Let's say it's a cookbook itself, full of recipes, and someone else comes along and takes those recipes, rearranges them, and publishes it as their own cookbook. Is that infringement? I don't know - there are a lot of awfully similar cookbooks out there.

What if the other person takes those recipes, includes a lot of notes about the origins of each dish and other uses for the same ingredients, and charts the evolution of each dish...would that constitute a new work, even though it is based on someone else's recipes? Again I don't know.

And I'm not asking anyone to tell me either, these are rhetorical questions.
Sorry, but I am going to answer. I do not find your analogy correct because in JKR's case, she also owns the names of the ingredients. A pie recipe would have flour, which can be used by everyone. A Harry Potter encyclopedia would have the name Neville Longbottom, and that name is owned by JKR. But the problem is not the one or two mentions of the things that JKR owns, it is that Steve has almost all of them in the Lexicon. So in this case it is not the recipe that is getting Steve in trouble, it is the ingredients.

We also have had a report on the qforquack blog of Steve writing in an E-mail I reported in the last thread that "Jo has reserved all publishing rights to her intellectual property, which means that she’s the only one who may publish any book that is a guide or encyclopedia to her world." If this is true, it means that Steve knew he wasn't just copying a few recipes. I wonder what changed his mind?


This post has been edited by cbm: Nov 5 2007, 05:42 PM
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forthewin
post Nov 5 2007, 06:07 PM
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QUOTE(cbm @ Nov 5 2007, 02:40 PM) *
We also have had a report on the qforquack blog of Steve writing in an E-mail I reported in the last thread that "Jo has reserved all publishing rights to her intellectual property, which means that she’s the only one who may publish any book that is a guide or encyclopedia to her world." If this is true, it means that Steve knew he wasn't just copying a few recipes. I wonder what changed his mind?

I'm glad you posted a link to this. It puts Steve into a different perspective entirely. Add this to the fact that no one denies he asked JKR for permission and went ahead after she said no, I am not surprised he is in this harrowing position.
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davidenglish
post Nov 5 2007, 06:18 PM
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That same email, which may or may not be legit, mentioned he wanted to petition Jo after the last book and propose cowriting the definitive encyclopedia. What we understand from the various parties involved is that she said NO. All I can think is that this was a terrible blow to his self-esteem. Everyone involved with him seems to like him and defer to his wisdom. That the very architect of the Potterverse was unmoved by his offer must have bruised his ego.

There's nothing very special about the Lexicon. It's a database. It's simple data entry. It could easily be replicated. SVA has brought some basic librarian cataloguing techniques to it and some webpage savvy to it and so it looks good. But the work involved does not require creative genius.

Every editor does this on a manuscript to create a uniform style and maintain continuity. Anybody can create their own DIY Lexicon. Just buy some coloured sticky notes. Then we designate several file folders: Characters, Places, Events, Magic, Beasts and Things, represented by Yellow, Blue, Green, Pink, Orange and Purple, respectively. Then it's just a matter of rereading the books and inserting the appropriate sticky note. Believe it or not --because nothing original is being created-- this process can move along at quite a rapid clip.


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va32h
post Nov 5 2007, 06:45 PM
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QUOTE
A Harry Potter encyclopedia would have the name Neville Longbottom, and that name is owned by JKR.


Now that makes me think of something interesting...what about a book of Potterverse name meanings, with separate entries for first and last names? JKR might own "Neville Longbottom" but does she own all references to "Neville" and "Longbottom" separately? (Nevilles of the world certainly hope not, I'm sure).

Not that I think anyone might buy such a book. But do our resident experts have a decision on that? If a book writer listed all the first names of HP characters and their name meanings, and then listed all the surnames of HP characters and their name meanings, would that be infringing?
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