Lexicon Steve Part II, Continue the discussion |
Nov 5 2007, 06:50 PM
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#11
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Cauldron Bottom Measurer![]() ![]() Posts: 118 Joined: 8:16pm August 24, 2007 Location: Austin, TX |
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. Exactly. The issue at hand is that so much of Steve's Lexicon pie is made up of ingredients that were created and named by JKR. And she told him he can't sell slices of his pie because the ingredients are hers. QUOTE 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? If I had to guess, it was being told no by JKR that changed his mind. Just listen to him at the Prophecy convention in August: http://youtube.com/watch?v=0S4OiLIFqDo He says it outright-- "Jo has quit; she is done... the fans are taking over now!" To me, it sounds as if he believed that with canon being done, the HP universe was no longer Jo's, but rather belongs only to the fans now, and that she'd step back and let people do what they wanted because the main story in the books was told. And I honestly wonder if he was so convinced that she would say yes to his working on the encyclopedia with her that it stunned him when she said no, and made him all the more determined to publish first. 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. If that e-mail is legit, it's damning evidence that he knew that publishing the Lexicon on his own would be a violation of Jo's copyrights, since it's all her intellectual property. And that would suggest that the only reason he changed his mind and is now determined to publish is because he was denied permission to work with her on her official encyclopedia. It really doesn't paint him in a good light. |
Nov 5 2007, 07:00 PM
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#12
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WhizzHard Books Copy Editor![]() ![]() ![]() ![]() Posts: 2,185 Joined: 4:31pm October 9, 2006 Location: At Swamp Bottom, making thread. |
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 QUOTE nov 2nd me lets put it like this then. -You have baked a yummy cake and leave it on the window to cool. -I steal it and put some icing (frosting) on it -I then sell slices to passers by for $2 per slice. Do i deserve the money or do you the person who has bought the ingredients and spent time baking the cake deserve it? (you were going to take that yummy cake and hand it out at the soup kitchen too, never mind you'd give the money to the soup kitchen anyway, but youd rather just have given them the cake...) oh! great minds think alike- either that or ill have to send you a cease and desist letter.... This post has been edited by shadow_onthesun: Nov 5 2007, 07:02 PM -------------------- Leakys British thread has grown too big for the lounge! Join us HERE for Brit talk, and random Potter-ing ![]() |
Nov 5 2007, 09:57 PM
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#13
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Official Singer of the Sorting Hat Song![]() ![]() ![]() ![]() ![]() ![]() Posts: 6,605 Joined: 3:12pm July 22, 2005 Location: Lost in Hermione's beaded bag ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() |
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? Did you know that American slave owners were gripped with a craze for naming their slaves after characters in the canon of Shakespeare? It's true. Of course, a book about names in the Potterverse would be no good if it was just a list of the names and who they belonged to in the Potterverse. That's not criticism or analysis, that's a dramatis personae. But to discuss what was unique to Rowling, what the names that can be traced say about the roots or origins of the Wizarding World, and so, would be perfectly acceptable. This is, of course, both the virtue and the fault of the HP Lexicon. SVA has gone to great lengths NOT to put himself in the text. His entries are sparse and to the point. He either quotes directly or paraphrases JK Rowling. He seldom interjects himself into the text. That's what has made this a much loved online resource. Unfortunately, it also makes it less copyrightable. It's really an Index to the Potterverse. And that can only be copyrighted by the author. Lidane, I avoided the Prophecy convention. But that YouTube clip is frightening. "Jo has quit; she is done... the fans are taking over now!" Did Steve say that before or after he was rebuffed by Jo? It would be interesting to know what was going on in his mind. I mean, the kind of frenzy and fame that the Potter Phenomenon has given some people must be intoxicating. And yet we've always known it would be fleeting. What on earth did he mean by "Jo has quit; she is done"? Steve was first a Trekkie. But somehow I don't see the Fandom forcing Rowling to keep the Franchise alive with Potter: The Next Generation or DeepMagicNine or DeathEaterprise. The saga is over. Jo has other things to do and say, but this element of the Potterverse is closed. And its success allows it to close artistically rather than keep at it because there's more money to be made. But, no, I don't see that the fans should be allowed to take up the torch or demand more Malfoy, more Parkinson. It's just unseemly. -------------------- Come the words that bubble
Up through broken laughter, Sweeter than spring-water, "Gods, I am so happy!" |
Nov 6 2007, 12:24 AM
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#14
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Cauldron Bottom Measurer![]() ![]() Posts: 118 Joined: 8:16pm August 24, 2007 Location: Austin, TX |
Lidane, I avoided the Prophecy convention. But that YouTube clip is frightening. "Jo has quit; she is done... the fans are taking over now!" Did Steve say that before or after he was rebuffed by Jo? I have no idea. I've heard rumors of folks talkng to him at Prophecy and him being upset at having been rebuffed by Jo. But that's only hearsay, and I don't have anything to back that up. QUOTE What on earth did he mean by "Jo has quit; she is done"? I wish I knew what it meant. A benign interpretation of that would mean that Jo's done with the books, so now fans are free to express themselves with the whole of book canon in front of them. A more cynical one would suggest that he's basically pushing her aside. With the books being done, her input would no longer be needed, so she should stand aside and just let fandom take over. I'm willing to give the benefit of the doubt, but the video itself is troubling. |
Nov 6 2007, 12:32 AM
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#15
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Monster Book Stacker![]() ![]() ![]() Posts: 397 Joined: 11:12pm August 1, 2005 Location: U.S.A. |
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. I don't know if you intended it, but the analogy of the recipes is strangely apt: Food Fight: Jessica Seinfeld's "I Never Read That Book" Defense Smells A Little Fishy The cookbook case seems far more clear-cut than the Lexicon case because it seems there was direct copy-paste going on, but just a funny coincidence, and perhaps an example of a different variety of copyright issues (such as that copying verbatim from a cookbook for your cookbook is not permissable). This post has been edited by CommonLoon: Nov 6 2007, 12:40 AM -------------------- Fact is, I'm really rather silly.
Severus Snape Superstar: The Musical |
Nov 6 2007, 08:46 AM
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#16
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Mischievous Manager![]() Posts: 5,376 Joined: 9:14am February 16, 2006 Location: Behind the sofa, watching Doctor Who ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() |
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 guess my inner skeptic is coming out, but I just wanted to point out that it's *possible* the e-mail is not legitimate. We have no way to know for sure, because we have no way to independently verify it. It's also possible it's true, but as a journalist I'd be very careful jumping to any conclusions about an e-mail cut-and-pasted into a blog without any way to see for sure the name or origin of the sender. I still personally believe that there's no way a printed version of the Lexicon could possibly constitute a fair use exception to American copyright law, but I'll stop short of saying Steve has necessarily had a change of heart unless I can know for sure that's really an e-mail from Steve. -------------------- |
Nov 6 2007, 10:53 AM
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#17
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Stocking Snitches at Quality Quidditch Supplies![]() Posts: 694 Joined: 6:51pm November 1, 2005 Location: The Rare Books section in the Hogwarts library ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() |
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). No, she doesn't. Think of this analogy: JRR Tolkien named one of the main Lord of the Rings Sam Gamgee. That has not stopped writers, dramatists, or parents naming their babies from using the name "Sam." On the other hand, the name "Gamgee" doesn't appear to have been used again. It may well have been a name which Tolkien invented, as he did a great many words and names in his books. QUOTE 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? No, not separately (although certainty would require some research into British family names, in case some of the names in the book were names Rowling had invented--as, for example, the assumed name Voldemort seems to be). However, if the book referred to "Neville Longbottom" as a real person ("Hogwarts headmaster Neville Longbottom") rather than citing him as a character (among a list of literary characters names "Neville," for example), it might be a copyright violation. -------------------- Avatar by tonksgirl |
Nov 6 2007, 03:03 PM
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#18
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Rat Spleen Restocker at the Apothecary![]() ![]() Posts: 462 Joined: 11:20am November 27, 2005 Location: At my PC silly ;) ![]() |
QUOTE nov 2nd me lets put it like this then. -You have baked a yummy cake and leave it on the window to cool. -I steal it and put some icing (frosting) on it -I then sell slices to passers by for $2 per slice. Do i deserve the money or do you the person who has bought the ingredients and spent time baking the cake deserve it? (you were going to take that yummy cake and hand it out at the soup kitchen too, never mind you'd give the money to the soup kitchen anyway, but youd rather just have given them the cake...) oh! great minds think alike- either that or ill have to send you a cease and desist letter.... Well since I don't remember seeing it so most certainly we do seem to think alike (or maybe hungry mind) The question is cake or pie? QUOTE I don't know if you intended it, but the analogy of the recipes is strangely apt: Food Fight: Jessica Seinfeld's "I Never Read That Book" Defense Smells A Little Fishy The cookbook case seems far more clear-cut than the Lexicon case because it seems there was direct copy-paste going on, but just a funny coincidence, and perhaps an example of a different variety of copyright issues (such as that copying verbatim from a cookbook for your cookbook is not permissable). Well the basic recipes for food is usually similar it the variations to it that would bring up questions if two people could come up with exactly the same thing. But a copy-past is a copy-past and you can see it immediately and is far less probable. Is a hard defence to uphold in court, if they where just similar maybe but an exact copy is well a copy. . I feel I'm straying from the topic at hand though so shall we leave this one here? As for Steve it's now becoming more questionable what is actually going in the book whether it is in fact the lexicon in book form. I mean Steve said it just contained critical analysis but didn't contain the essays from the lexicon. I then start to think why then in the beginning it was described as the lexicon and why it should be called an encyclopaedia. A lot could be solved and better progress could be made if they would hand it over. -------------------- 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. |
Nov 6 2007, 04:12 PM
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#19
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Just Through the Brick Wall![]() Posts: 15 Joined: 8:54pm November 3, 2007 |
Something I don't understand from the RDR website. Looking at their FAQ section they say:
When will the Lexicon be published? The 412-page Harry Potter Lexicon is scheduled for publication in late November. The entire book is drawn verbatim from the material that presently appears on Steve Vander Ark's website... Then they say this: A recently published article says Rowling's agents, the Christopher Little Agency, can't comment on whether the [i]Harry Potter Lexicon "would have really overlapped with J.K. Rowling's intended (Encyclopedia) because they haven't seen the book and this was why they wanted to review it." What is your reaction? [/i] The 1,000 page plus Lexicon website, freely available for 7 years, makes it very clear what the print Lexicon would look like. Everything has been out in the open for years. Then they added this: Is the entire Harry Potter Lexicon websites in the book? No, the book is 412 pages and does not include everything that is on the website. Attorneys for Warner Brothers and Ms. Rowling simply sifted through the website guessed what might be in the book and then alleged that these hypothetical sections are damaging the author. This is a good example of what happens when you sue to censor a book that you haven't read. The reason the plaintiffs did this is that they were trying to convince fans of the site that the book was in some way a violation of trade or copyright law which it is not. Why didn't the plaintiffs wait to read the book before they sued? Possibly because they knew that they couldn't win an injunction in court and that their best shot was to generate unfavorable publicity for the publishers and everyone associated with the book. The suit, filed on Halloween, was also designed to frighten the publishers and the authors. Would it have been smart for Ms. Rowling to read the Lexicon before she sued? Yes. Every law school professor will tell you that the last thing you want to do is to allege illegal action only to find out later that your complaint was not valid. Judges do not like this and it hurts your credibility on the witness stand. And a spokesman had this to say in an interview with TLC: RDR claims not to have given JKR’s people a copy of the book because “we don’t have a copy to give them…because the book hasn’t been published yet.” Asked why they didn’t hand over a manuscript, Mr. Harris said, “how would it benefit us in any way? This is the result of a barrage of letters from their lawyers in the last two months. Late i the game they came forward and wanted to see the manuscript, after they’ve been threatening to sue us and everything. How is it going to help us in any way to show them the manuscript except to provide them with more information. At this stage are they going to say, ‘Oh, we’re sorry?’ and go away? I don’t think so.” It would seem to me that RDR is quite shady. Why would Steve want to be associated with these folks who claim that JKR/WB was jumping the gun by assuming what would go into the Lexicon, but RDR couldn't be bothered giving them an actual copy of the manuscript. Just print the site, duh. Well, wouldn't that lead one to believe that a lot of copyright infringment would be happening? How are JKR/WB supposed to know what's going in and what isn't if they aren't told specifically which pages will be in the 400+ book? This is straight up shady and I would hate for it to happen to any of the fan fic authors I know if they ever got a break with an original work. I'm rambling, but I just want to understand the logic behind these statements. I want to know how Steve feels about these conflicting thoughts. |
Nov 6 2007, 04:15 PM
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Official Singer of the Sorting Hat Song![]() ![]() ![]() ![]() ![]() ![]() Posts: 6,605 Joined: 3:12pm July 22, 2005 Location: Lost in Hermione's beaded bag ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() |
I'm not sure the cookbook recipe analogy works. I like the image of the reference book in the reference section of the public library. You can't check it out and you can't buy or sell it. But it's there for all to use. And that's how I think JKR expected the Lexicon to operate. Publishing it changes things.
I know passions are running high. It's as bad as the shipping wars. And what should be confined to the cold logic of legal points is soon lost in the heat of the moment. I am guilty. I find it hard to look at this issue without letting my hot head dominate my kind heart. (Well, assuming I have a kind heart.) So, to help understand the legal ramifications beyond the actual maze of copyright law, here's How to answer a civil lawsuit in Magistrate Court. It would seem that Warner Bros had to file a lawsuit October 31 in order to get an answer before the November 28 publication date. Mediation is still possible. This doesn't necessarily mean that they will quash the book, but they do want to know what the book will look like. That's what RDR will have to reveal in an answer. The ALA's website reported that QUOTE The Harry Potter Lexicon, with a cover price of $24.95, was originally slated for a print run of 5,000. Rapoport said that figure may now be much greater because of the attention brought on by the lawsuit. Still, he told AL, "I'm very optimistic that this will have a happy ending, and that everyone will enjoy the book, including our opponents." Well, we all hope that there's a Happy Ending. Mr Rapoport may welcome the attention, but I fear the fans have been getting stomach aches from the anxiety of not knowing what to make of this brouhaha. And I'm sure SVA must be recalling Harry's words, "I've had enough trouble for a lifetime."
-------------------- Come the words that bubble
Up through broken laughter, Sweeter than spring-water, "Gods, I am so happy!" |




Nov 5 2007, 06:50 PM


















