Lexicon owner testifies in court; breaks down on stand (UPDATED)
 

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."

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:

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.

You can view a video of Rowling addressing the press on the courthouse steps yesterday, courtesy of Reuters.

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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;

Additionally more details from Vander Ark's testimony have emerged:

Further to that, the judge stated that both sides should be looking toward a settlement.

WOW. He just needs to back out gracefully. I mean, I'm sorry he broke down and all, but COME ON...it's JKR he's fighting against. You can't win against perfection. :lmao:

Whoooaaa...first to post.

Wow. And the drama continues to unfold.

You know, if there was a print Lexicon, I wouldn't even buy it. Why buy it when I could reference it for free online? (Well, relatively free :lol: ) And isn't anything that is HP-related that is for sale the property of Jo and WB? Or at least, need the green light from them? I'm confuzzled about that part. Although the idea of a print Lexicon is pretty silly, if books referencing Harry Potter can exist without being "authorized", why is this case special?

Humm...I kinda feel sorry for him, maybe he does just need to bow out gracefully. But how could you not know your in violation of copywrite laws?? Well we'll see how it goes but i'm still clubbin for JK!
Nicola

In some ways, I'm slightly annoyed with JKR on what she said. Her statement on the site's lack of information/discussion death was just as "laughable" in my opinion. It's about copyright, ownership, etc. Is she saying that if he added a few more things then she'd be willing to let him print it? I doubt it. So why say something like that? Why go further and rip on the work itself, one that she's praised in the past? It's adding insult to injury, and I don't like that at all. I just don't think that particular statement was necessarily a smart or relevant statement to make.

Now, I think we all, as loyal fans, have a small reason to take insult to this as well. One fan's mistakes shouldn't represent all of her loyal fans across the entire globe. This really irks me. :mad:

I like Steve, and I'm sorry that he's having to go through this. After being such a huge fan for a decade (like me and millions of other original fans), it's hard, especially, to go through something like this. RDR really messed up, and I think this could have been settled earlier or even never been such a big issue if they hadn't done such a poor job for Steve.

I don't really have an opinion on this case, to be honest, (whether the book is or isn't published, I mean) and that fact both startles and saddens me. I suppose I support JKR because she has the right to determine what can and cannot be done with her story and hard work. I completely understand that! If she feels so personal about this, then maybe Steve should back out gracefully. I still feel bad for Steve, though, personally.

But JKR may have to face the fact that she's the author of the most successful book series ever written, and she may be having to go to court for these sort of things and beyond for a long time. I'm a writer, and I understand that creativeness can get blocked because of stress, but I'm saying she might have to get used to it.

Shannon :hello:

poor dude. but what can i say he's going up against the master of harry potter. give up and back out. your not going to win.

Hmm, no offense, but JK sounds really mean.

If JK decides she doesn't want HP websites anymore... NO SS????? *cries*

Intresting............very intresting. She knew this was bound to happen. I think there might be more to the story than we're being told.

worried!!
 

:r/hr: fair point from the wonderful Shannon (i luv your fanfict!!!) - hopefully we won't all be punished for the "sins of the few"!

On the other hand "emotions" & "feelings" of hurt and injustice have no place in this matter, despite the reports of both JKR's & SVA's testimonies! It's about the application of the copyrights held by JKR & WB for HP. Whether the fandom likes it or not, if the decision goes in favour of RDR then all copyright holders will have to exercise much greater control of their work for their own protection.

Perhaps JKR feels a certain amount of betrayal considering her more than generous support and enthusiasm for the fandom including LEXICON but in her recent interview with TLC gave the impression that she was more concerned about having to limit her direct support if she loses?

While those in the fandom will naturally take JKR's side in this you still have to wonder about the advice she is getting (or whether she's listening to it) by rambling on about her "feelings" - particularly there being no jury to sway, as this will finally be a matter of law, not emotions.

I ditto absolutely everything you said, and I'm also a bit afraid at the insinuation JKR makes when she talks about having second thoughts about encouraging discussion about her books. It's phrases tossed around like that one that make people who run fan sites, and especially, those of us who are ardent fanfiction readers/writers afraid to give an opinion on anything. And I do feel bad for Steve, I love his website, he seems like a great guy. I could be in the minority about this, but I'm getting a little sick of hearing her life story about being a welfare mom trotted out so much. Yes, a brilliant literary work came from it, but the pity party's been over for years.

Steve is virtually copying her work - period. He is not writing essays theorizing on various topics or comparing & contrasting Rowling's work to Lord of Rings, he is COPYING her words almost word for word. After all, it is an encyclopedia so where in the world else is he going to get the definition/meaning of terms/names/places, etc.??? Only her books. God, this is such copyright infringement it makes me sick it had to get this far. He is attempting to steal her work and make wads of cash and he did what creatively? Nothing.......

I don't see why I should take out the time to write all of this in different words when Shan's already done it for me. XD

Exactly my thoughts on the subject. ^^

Quote:

Originally Posted by ladycplum (Post 6486114) I could be in the minority about this, but I'm getting a little sick of hearing her life story about being a welfare mom trotted out so much. Yes, a brilliant literary work came from it, but the pity party's been over for years.

To a [pretty huge] certain extent, I agree with you. Yes, Jo has been through a LOT of hard times, and I love her all the more for her display of courage - She was brave, she is brave, and it must be exhausting, having to cope with so much even now. One brave woman, Jo. But, all said and done, I'm getting tired of hearing this all.

He broke the law and pretty much STOLE her idea. Case closed.

All I can really say is wow

he needs to honestly let it go he aint gonna win

I wish he would just shut up and go away. -rolls eyes-

He's only got himself to blame.

Because this one has 91% HP content, with a distinct lack of quotation marks and no analysis/commentary.

Scholarly work is allowed, so had his book had an academic value, it would be allowed. The work is 91% hers; she's criticising the arrangement, which I think, as the original author, isn't unjustified.

I doubt she said that to hurt the fans. I don't blame her. This whole ordeal will leave a bitter aftertaste for a long while. Judging from the reports, it's stressed her out a great deal. Heck, I wouldn't be surprised if she's started suffering with depression again.

He admitted, several times, that to print the Lexicon and sell it as a book would be illegal. He even had a clause written in his contract to cover his backside so that if this happened, RDR would bear the financial brunt. Those are not the actions of an innocent man.

No meaner than the defence lawyers who were communicating with her via sarcasm. Very professional.

That's her right. Fact is, if SVA/RDR win, there will be tighter authorship control, across ALL fandoms, because writers will want to avoid getting into similar messes.

I'll say! He totally stabbed her in the back. I think losing would hurt her greatly, on a personal level, because Jo has cultivated such a good relationship with her fans.

Exactly.

Woah, this is really getting insane.

Why would anyone buy this if it was in print, when the best place for it is here on the Web? It is great to refer to in times when you need to get the answer really quick, without checking the book, but as far as printing this stuff up into a book and trying to sell it, no. I think that would be called plagirism, as JKR has already written everything that is being referenced in the book.

Statements like that make me want go ask for my money back at barnes and nobles.

Has she already forgotten living in her castle in Scotland that she as on welfare? Has she already forgotten that she didn't have the money to have the 1st HP copied and that she had to write each one out by hand?

the only reason she is where she is today is bcuz of us. There are tons of awesome books printed everyday, that are just as great as HP, but those authors dont get the level of success she does.

To now go back and say that you may have to rethink ENCOURAGING YOUR FAN!!!! It total BS!!

How dare she say that. WE MADE HER FAMOUS. WE MADE HER ONE OF THE RICHEST WOMEN IN THE WORLD!!

I cant stand it when people come from nothing, get rich and famous. Then want to turn their backs on their fans.

I am just really disappointed, and it hurts to know that she thinks and feels that way about all of us and all the other fan sites dedicated to HP and JK

I don't doubt that Steve is a true HP fan thru and thru, but copyright is copyright. He is wrong. He should have just continued with his website instead of trying to make money off of JKR's hard work. She has stated many times that she has no problem with fans writing fanfics or with HP websites as long as no one tried to make money off of her work. He crossed the line and should admit it and let it go.

So because she's rich she should surrender all her copyrights? That would set a law-changing precedent. No writer would ever want to be successful if that were the case. Jo isn't tarnishing everyone with the same brush, she made a statement acknowledging the vast support she has had from fandom, and how much it means to her.

I feel really sorry for him. |:
He's probably only trying to release the book because JKR's encyclopedia will take so long.
I agree about the copyright business but he's only a fan like we are. He's not trying to make money, he already has enough by the sound of it.
Maybe he's not a bad guy afterall.
But that's just my opinion.

Agreed.

I think you have a point. Obviously we can't get the whole story unless we are there but there's bound to be more to the story.
Just in my opinion, of course.

Ok he shouldnt have done it but to write a Hp 400 page encyclopedia it is going to take a long time and in the time between J.K announcing that she was writing it and him announcing that he is publishing it i mean it is just not enough time so im with steve on this one.

he isnt getting any sympathy from me, he started this and he is in the wrong!

I hope the judge sees this

i think too that writing a book would serve no use when you get evrything on the net and really fast!but if he is then it is plagarism on the other note maybe she should have given him a warning or something about the site i mean it needent have become so big an issue...

yea the site is probably the most visited site on the net and jo knew that so if she knew she was going to write an encyclopedia then she should have known that someone would write one with all that information.

i cant believe so many people agree with Vander Ark on here especialy when most main fan sites TLC and mugglenet have distanced themself from him.

he is effectivly steeling jos work is that acceptable jus because she is in the public eye and has money? no jo has the right like any author, musician and artist tho protect her work

Yes jos book will take a long time but think how worth it, it will be. Her Books are worth the wait every time.

I admit I feel sorry for the dude, but... it would have been blatant plagiarism if he'd gone through with it. We've all had the message drilled into our heads from the moment we started uni: CITE!

Some people may think JK's being too strict about this, or mean, but it's her right as the author and owner of the story. It would be as if he'd kidnapped her kids.

I never do an essay with out my copy of cite it write! and the harvard method nabs!

i really think he is in the wrong and i have nothing but contempt for him

I am not saying he is right, i wholly believe in respecting copyrights, thats why i make sure i get all of mine when i finish writing something.

I just feel sorry for him, he is just a fan that just got a little over zealous. And i hate that comment that she made about rethinking supporting her fans because of his mistake.

I think I am in agreement with you there.

I feel sorry fro him, but he should have know what he was getting himself into.

I think you've misinterpreted her though. She's distancing herself specifically from him, which isn't surprising.

Exactly. Steve has no excuse; he's a librarian and a teacher, an educated man! And yet he's pretending to be ignorant. I don't buy it one bit.

The site is ok because it's not making a significant profit. They were served with FOUR warnings to cease & desist. But they didn't; instead they tried selling the rights to other European countries whilst trying to buy time.

If it wasn't about money, then he would've offered to donate profits to charity, as Jo intended. To do otherwise is to imply that it is about cash. Particularly since he needs it to stay in the U.K. and support himself as a writer, and his family, who he recently left.

really, this is getting ridiculous...
 

okay maybe this vander ark guy is guilty. but jk is making this a bigger deal than it really is. if jk sees this guy as a threat she needs to realize her position. she could stop working right now and STILL carry her money over to the next generation...and personally, i wouldn't buy this man's book anyway, so this isn't about the book being a threat to her career, this is about her and the fact that her money is going to her head. she needs to relax-the guy doesn't seem like some creep looking for a quick buck-he's one, hardcore fan who made a mistake. yes, she should take him to court, and yes he may be guilty of plagiarism, but for this much pressure to be applied to one man, a FAN, and for her to make the comments she made about him and her fans in general, it just arrogant and unneccessary. this could have been handled much smoother, and much quieter. i realize she is upset but she can not forget where she came from and who brought her to the top (her fans), because that is CLEARLY what is happening. people are going to be reading her books for years to come. one extreme fan putting together a book (that many won't even buy because the information is free on the net anyway) won't really damage her career all that much. jk was very catty and extravagant in her handling of this situation. her money has made her a different person, and her appreciation of where it came from is dwindling.

As I stated before, it's just my opinion. You may be right, but I don't believe it is about money.

You're missing the point; this is way bigger than just Jo & HP. A win would set a legal precedent for ALL writers.

Fair enough, but if it's not about money, then why not donate to charity? That would be a logical progression.

I kind of feel sorry for him. I'm sure he didn't really mean it all.

If that was the case there wouldn't be a clause in his contract that protects him against such an incident.

this is unbelieble

I know right!

Gee...I wonder who will win