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Old 04-14-2008, 05:16 PM
EmmaRiddle EmmaRiddle is offline
 
Post J.K.Rowling arrives at New York court, testifies against Lexicon (UPDATED)

The Guardian reports that J.K.Rowling has arrived at court in Manhattan, New York, for the copyright infringement case being fought against RDR Books who intend to publish Steve Vander Ark's Harry Potter Lexicon.





Quote:
"An expert for Warner Bros will argue that 91% of the Lexicon content is taken from JK Rowling," adds Parness. "But they must also establish - how factual is a fictional fact?"
Reports on her testimony in court have also emerged.

Quote:
Rowling said she has stopped work on a new novel because the lawsuit in federal court has "decimated my creative work over the last month."
Quote:
"This book constitutes wholesale theft of 17 years of my hard work," she testified Monday.
Quote:
When Dale Cendali, Rowling's lawyer, asked how she felt about Harry, choked up and replied: "I really don't want to cry."
Quote:
She also says it fails to include any of the commentary and discussion that enrich the Web site and calls it "nothing more than a rearrangement" of her own material.
According to The Associated Press, the trial is expected to last all week.

Quote:
One of her lawyers, Dan Shallman, on Friday told Judge Robert P. Patterson, who will hear the trial without a jury, that Rowling "feels like her words were stolen."

He said the author felt so personally violated that she made her own comparisons between her seven best-selling novels and the lexicon and was ready to testify about the similarities in dozens of instances.
Quote:
In court Friday, Hammer said Rowling's lawyers did not want Vander Ark in the courtroom while Rowling testifies.
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

Source: Mugglenet

UPDATE: PR Newswire has a statement released by Jo:

Quote:
"It gives me no pleasure to take legal action, but I am here today because I feel very strongly about an important issue that affects everyone and not just me. If books that plagiarise other works are permitted, authors, fans and readers stand to lose. There are lots of books in many languages that comment on or criticize Harry Potter, and that's fine. But the book in this case is different. It provides no analysis and virtually no commentary. It takes far too much and it offers precious little in return. I would just like to add that I am extremely grateful for the incredible support of Harry Potter fans everywhere."
Further reports from day have also emerged:

Quote:
"Should it be published, I feel that carte blanche will be given to anybody who wants to make a quick bit of money,' Rowling said. 'The idea of my readership parting with their or their parents hard-earned cash for this is a travesty.'"

"What particularly galls is the lack of quotation marks,' Rowling testified. 'If Mr. Vander Ark had put quotations marks around everything he lifted, most of the lexicon would be in quotation marks."
Quote:
But when Hammer tried to get Rowling to concede that the H.P. Lexicon is more comprehensive — in that it’s longer — than other books, she shot back: “Is that the best you can say for the Lexicon? That it has text?” She added, “An alphabetical rearrangement is the easiest and laziest way to re-sell my work.”
Quote:
"Mr. Vander Ark has gutted that book," Rowling, who wrote seven Harry Potter novels, told a New York court. "He has simply taken it and copied it ... It is sloppy, lazy and it takes my work wholesale."

"He's taken my creation ... I did feel an act of betrayal," said Rowling. She said she was not sure if she had "the will or the heart" to now publish her own encyclopedia.
Quote:
A bit of levity arrived early: As David Hammer, the lead attorney for RDR, introduced the owner of RDR, Roger Rapoport, he referred to him as the reason “why we’re here today.” But as Dale Cendali, the O’Melveny & Myers attorney representing Warner and Rowling took the podium to begin her opening remarks, she quipped that actually her client, J.K. Rowling, is the reason we’re here today.
Quote:
“It’s not about money,” concluded Rowling on the stand. “There’s a measure of principle at stake. And I’m determined to have my say as an author.”
Quote:
When asked to discuss the similarity of the Lexicon’s definition of Chinese fireballs on the stand with her own writing, she said that it was not like a giraffe, where if she and Mr. Vander Ark were describing the animal, they might inevitably use the same words. “It’s not as if we are describing something that exists outside my imagination,” she said.
Quote:
Rather, she said she was opposed to how the “Lexicon” copied many phrases word-for-word from her book without adding meaningful additional context, adding that some of the work was sloppy or wrong. “Alohomora,” a spell that opens doors in Harry Potter’s world, does not come from “aloha,” the Hawaiian salutation, she said on the stand. Rather it derives from a West African term meaning favorable to thieves, she said.
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Old 04-15-2008, 02:04 AM   #26 (permalink)
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Originally Posted by EmmaRiddle View Post
^ The last thing Jo needs right now is to be pestered by fans, imo.
I was totally kidding
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Old 04-15-2008, 02:13 AM   #27 (permalink)
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I hope she wins this case and gets to do her version soon.
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Old 04-15-2008, 02:16 AM   #28 (permalink)
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I saw that on the news today...
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Old 04-15-2008, 04:44 AM   #29 (permalink)
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i hope she wins, because rdr books didnt have the legal copywrite for and she did.
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Old 04-15-2008, 04:50 AM   #30 (permalink)
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poor Jo...she's got tht stupid Troll movie dir.to worry besides the lexicon thing too....why cant they admit hp world belongs to her and only her?!
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Old 04-15-2008, 05:01 AM   #31 (permalink)


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damn this thing has gotten messier and nastier by the minute.

what a way to tarnish fandom love
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Old 04-15-2008, 12:05 PM   #32 (permalink)
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Bless her... Like writing non-stop for like 17 years isn't stressful enough, when your book's become sucessful somone tries to steal some glory!!!

She deserves a rest.

Go on J.K... Were all with you!!!
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Old 04-15-2008, 12:16 PM   #33 (permalink)
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I'm with Jo on this, one hundred percent. I love the Lexicon, and it's one of my favourite sites when it comes to a good read or some HP info, but they've taken it too far with this. *pokes'em*

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Old 04-15-2008, 01:59 PM   #34 (permalink)
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I wonder why the case is being heard without a jury... that's kind of unusual, isn't it? O well. I hope that justice prevails either way. (and GO JO! )
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Old 04-15-2008, 04:21 PM   #35 (permalink)

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Quote:
Originally Posted by cgold View Post
That guy has a lot of nerve. I hope he's punished more than just losing the case.
Unfortunately, SVA stands to lose nothing (well, apart from his name being dragged through the press). RDR Books will be forced to pay the legal costs, due to a clause in his contract.

Quote:
I don't know who I want to win, because I don't really like JKR.
This is about so much more than just Jo. If he wins, a precedent is set, which will cause problems for many more authors & writers. Which is why she has to fight this.

Quote:
I wonder why the case is being heard without a jury... that's kind of unusual, isn't it?
Judging by the misinformation in the press, they can't afford to have it decided by a jury, imo. I'd be more worried about the outcome if normal people were deciding it.
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Old 04-16-2008, 07:43 PM   #36 (permalink)
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Jo should win. Its so frustrating to see people like Mr. Vander Ark trying to take advantage from other peoples' creation just because they dont have imagination of their own. People like him are just wasting time.
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Old 04-20-2008, 02:05 AM   #37 (permalink)
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oohhh poor Jo she doesn't deserve this
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