Steve Vander Ark, owner of the Harry Potter Lexicon website, today
denied in court that his proposed Lexicon book "copies" J.K. Rowling’s work, referring to it instead as a "ready-reference."
Quote:
It’s a reference book to a piece of literature, so naturally it refers back to the source material ... There are places where we use phrases that are identical or similar.
However, in an attempt to prove that Vander Ark knew that RDR Books was infringing on Rowling’s copyright, an attorney for Rowling presented evidence of an e-mail written by Vander Ark back in August to a Harry Potter fan site which read:
Quote:
I am more than willing to dissociate myself with RDR. They have lied to me, misled me, taken advantage of me and in the end ruined my good standing with fans and with Rowling.
At the end of Vander Ark’s testimony, for which Rowling was present in the court room, the Lexicon owner became visibly upset answering questions by RDR’s attorney.
Quote:
Asked whether he still considered himself a part of the Harry Potter fan community — those that, in Vander Ark’s words, devote most of their free time to all things Potter, he choked up, and said, "I did." But then, when pressed on it, he changed his answer. "I do," he said, breaking up.
"It’s been difficult because there’s been a lot of criticism and that was never the intention. I understand where that comes from, but it’s difficult. The Lexicon has been an important part of my life for the last eight or nine years of my life, and now, to have it turn into this ..."
You can view a video of Rowling addressing the press on the courthouse steps yesterday, courtesy of Reuters.
You can read more on the history of the case at the links below.
J.K. Rowling files lawsuit J.K. Rowling’s statement RDR Publisher’s statement The Lexicon’s statement Judge issues restraining order Stanford Law School defends RDR Books Jo & WB file full injunction request – part I Jo & WB file full injunction request – part II RDR Books denied JKR's personal notes RDR Books file response to J.K.R/W.B. Lexicon lawsuit J.K.Rowling/Warner Bros. file latest response in Lexicon suit Lexicon preliminary injunction hearing rescheduled Lexicon lawsuit trial further delayed J.K. Rowling to appear in New York court for trial against Lexicon J.K.Rowling arrives at New York court, testifies against Lexicon
Sources:
Mugglenet and
TheDailySnitcher UPDATE: In reference to the proceedings in court yesterday, J.K.Rowling and Warner Brothers have
released the following statement;
Quote:
A fan's affectionate enthusiasm should not obscure acts of plagiarism. The publishers knew what they were doing. The problem remains that the Lexicon takes an enormous amount of Ms. Rowling's work and adds virtually no original commentary of its own. As we've said in court, it takes too much and adds too little. Authors have a duty to prevent the exploitation of their works by people who contribute nothing original, creative or interpretive.
Additionally more details from Vander Ark's testimony have emerged:
Quote:
RDR attorney Anthony Falzone noted that Vander Ark’s interest has never been about money, but "passion." In testimony today, Vander Ark reported that he has made about $6,500 from the website between 2000 and 2008, through advertising.
Further to that, the judge stated that both sides should be looking toward a settlement.
Quote:
I’m concerned that this case is more lawyer-driven than it is client-driven. The fair use people are on one side, and a large company is on the other side ... The parties ought to see if there’s not a way to work this out, because there are strong issues in this case and it could come out one way or the other. The fair use doctrine is not clear.
Quote:
I’m bringing it up now so you can think about it before you get into the rest of the case. Maybe it’s too late; maybe we’ve gone too far down the road. But a settlement is better than a lawsuit.