There's a nice series of blog posts about Harry Potter and copyright from
Linda Austin of the St. Louis Examiner:

J. K. Rowling Copyright Suits Go Round and Round

Harry Potter The Lexicon Trial By Fire and Fair Use Implications

The second one is a follow-up after Roger Rapoport set the record straight that the Lexicon is indeed in print and you can buy it . What I liked about the second one is that she lists the books that were not singled out for lawsuits by JKR/WB including HAH, Harry Potter Should Have Died (about which I have more than a passing interest), and In Search of Harry Potter.

Next . . . for the Snape fans . . .  I don't usually link to the WB websites, but the Online shop has a really great T-Shirt that says "Property of the Half-Blood Prince" written in (allegedly) Snape's handwriting from the HBP potions book. And of course it is basic black!

WB Shop ~ Half-Blood Prince Merchandise

Or you can shop elsewhere ~ this page has even more Snape-related clothing items for sale with the Silver Doe, lettering that says "Snape is my Hero," and lots more:

Zazzle.com ~ Snape Gifts

Thanks to Serpentine for tossing me the next story:

Dinosaur named in honor of Harry Potter ~ Dracorex Hogwartsia

Check out the Telegraph UK Gallery of Crop Circles for 2009

And I'll end with a weird video of strange Toy Related Movies - pretty funny, but also too close to the truth!

I slacked off on my post yesterday, but after resting all day I feel ambitious now.

Here's the latest book news:


From Steve Vander Ark on Facebook:

Calling West Michigan Potter fans and friends of fans!
Can you help out on a video shoot this Friday at 10am?
Even if you can't be there, please pass the word to the Potter fans you know who might want to be part of this fun project.
Have them email me at steve.lexicon@gmail.com

To repeat the link posted yesterday by Sylvanawood yesterday:
Severusbigbang ~ Rules Here.
 
The preliminary sign ups are from June 1st to June 30th.
This for authors and artists to celebrate Snape's 50th birthday next January 9th, with entries due in autumn.
Sylvana adds: "Crafters are very much invited, too. And we'll ask for beta readers and 'cheer leaders' in the sign ups as well, so it's hopefully something there for everyone."
You can join Snapedom on InsaneJournal or add the RSS feed to your Friends page to get notifications here on Livejournal.

I've written a review of lemon_ashwinder's book A Shunned Man on Amazon. It's a great summer read, but there are adult situations and isn't for anyone under 18.

For the grown-ups, I think you might enjoy the main character. Um, he will seem quite familiar due to his appearance and personality, and . . . well, that's all I can say beyond my review, but he gets to have more fun than a certain character we all know. Happily, the author may also be working on a sequal, too, so this is just the beginning.

Finally, Shameless Promotion: And of course, don't forget to pre-order Mugglenet's Harry Potter Should Have Died which is due out in June. Pre-Order price is only $10.76.

There's still time to catch Steve Vander Ark's British Book Tour this week.

These are the remaining dates and times:

Cambridge
23 April Thursday 6.00 pm
Borders
12-13 Market Street

Edinburgh
24 April Friday 6.00 pm
Blackwell's Bookshop
52-63 South Bridge

Edinburgh
25 April Saturday 1.00 pm
Borders
Fort Kinnaird Retail Park
Newcraighall Road

And for those of use who can't be there ~ Paul McCartney and Bagpipes!  

OK, I found the BBC Scotland Interview - you may have to download RealPlayer to listen. Also, when the window opened for me the sound was turned all the way down, so try turning it up if you have trouble with it. Another tip: run a test to check your connection speed before it will play correctly. I had it working, then when I came back and hour later it wouldn't connect right away until I did that. Open RealPlayer, look up on top and click Tools - then Preferences - then Connection - Test Connection.

Alternate Link: Click April 20th

Now With Transcript

BBC Radio Scotland

April 20, 2009 Book Café Interview

Chris Kane and Steve Vander Ark

 

Chris Kane: Last year he became a household name in a courtroom battle with one of the world’s most famous writer J. K. Rowling. After working for a number of years on his phenomenally successful Lexicon Website, Steve Vander Ark planned to write an extensive HP Encyclopedia. Unfortunately he ran into trouble when Rowling took his publisher to court for copyright infringement. As we know, Potter’s creator won the day and that forced Steve Vander Ark to create a very different version of the book he originally intended. The Lexicon: An Unauthorized Guide to Harry Potter Fiction and Related Materials was published earlier this year and Steve is currently touring the UK with it. Welcome to the show, Steve.

 

Steve: It’s great to be here.

Chris Kane: Now you could say that your decision to proceed with any kind of Harry Potter book would be controversial, so how did you decide that you had to go ahead and write this book? 
 

( Read more... )

There's new case law in the realm of the Fair Use Doctrine.

ZDNet: TurnItIn's archiving of student papers is fair use, court says

Some Virginia high school students were upset that copies of school papers were being archived online by the website TurnItIn.com owned by the company iParadigms. The idea is that if the papers are archived there, then teachers can check for plagiarism by comparing new papers to old. This would deter a student from copying their older brother's essay or selling a paper for money to another student.

The objection to the practice is that it wasn't a "transformative use" of the material, and that it might rule out the students being able to get their papers published in the future if the work was submitted to another school/college or journal for publication.

A District Court ruled against the students, and last week an Appeals Court upheld the ruling. This is clearly different from the Lexicon case in that the students had to click an agreement when they uploaded their papers that they wouldn't bring suit against iParadigm. Obviously, JKR/WB had no such agreement with RDR books. And TurnitIn was never going to publish any of the student papers, but just kept them locked in an archive accesible only by password.

But what is interesting to me about this is the language in the Opinion from the Appeals Court about the First Factor because this debunks the whole "Pie Chart of Doom" idea that every word should counted against the Lexicon or it wasn't transformative "enough."  The whole enchilada, or tamale pie so to speak, can be used if needs be according to this new ruling. Now I wish this would be applied to YouTube!

Page 13 of Opinion on the First Factor: Transformation

"Plaintiffs also argue that iParadigms’ use of their works
cannot be transformative because the archiving process does
not add anything to the work — Turnitin merely stores the
work unaltered and in its entirety. This argument is clearly
misguided. The use of a copyrighted work need not alter or
augment the work to be transformative in nature. Rather, it
can be transformative in function or purpose without altering
or actually adding to the original work. See, e.g., Perfect 10,
Inc. v. Amazon.com, Inc., 508 F.3d 1146, 1165 (9th Cir. 2007)
(concluding that Google’s use of copyrighted images in
12 A.V. v. IPARADIGMS, LLC
thumbnail search index was "highly transformative" even
though the images themselves were not altered, in that the use
served a different function than the images served).
iParadigms’ use of plaintiffs’ works had an entirely different
function and purpose than the original works; the fact that
there was no substantive alteration to the works does not preclude
the use from being transformative in nature."
~~~~~~~~~~~~~~~~~~~~~~~~~

Lots of interesting stuff ~

By now most of you have heard that J.K. Rowling sat by Michelle Obama last night at a Dinner for the G-20 Summit. I hope we at least get a picture of that.

Then there is this intriguing post from flyingfoxy who seems to have gotten a little preview of what's in store for the Lexicon's British Book Tour and Beyond. We'll have to check with Steve Vander Ark on that one!

Movie News:
According to Cinemablend there is supposedly a new trailer for HBP that was shown yesterday that shows a great deal more than we have seen so far. If it is released online, I'll post it here of course.

Then in Total Film Magazine, Tom Felton had this to say about the Sectumsempra scene:

"It was great. We spent a week in this misty bathroom set, rolling around in the water having all sorts of fights. Its a longer sequence than it is than in the book." The article continues: "There is blood-but also some fleshing out. This film develops the character further than before," he says. "We take the chance to explain why he's such a complete cretin, that he's not just doing it for the sake of doing it."

Rhys Ifans Talks about playing Mr. Lovegood in Deathly Hallows as a "really great guy." That's in the eye of the beholder - some would call Mr. Lovegood a traitor.

Leaky Cauldron reports that David Yates has chosen cinematographer Bruno Delbonnel to use a hand-held camera look on Deathly Hallows. We can only speculate on what that might be like. Hwyla wrote on HPN that it could turn out looking like "Blair Witch Harry" and we don't want that!

And finally, today is the day that Harry Potter Network unveils our new Fan Fiction Forum, moderated by our dear Olwen with me riding posse as her sidekick deputy.  I know all you writers are really going to enjoy this, especially our new Contest!  See a preview under the Cut...


( The Judges Will Decide, The Likes of Me Abide, And Also Get Free Jars of ABBA Herring Snacks )

RDR Books has posted the itinerary for Steve Vander Ark's Lexicon Book Tour.

I hope some of our British friends here will be able to attend one of the book signings.

• Saturday, April 18 @ 11AM
Borders, N1 Shopping Centre
Parkfield St., Islington, London
Tel: 0207 226 3602

• Saturday, April 18 @ 3:30PM
Borders
9 Magdalen St., Oxford
Tel: 01865 203901

• Tuesday, April 21 @ 5:30PM
Borders, Clifton Promenade
48-56 Queens Rd.
Bristol, BS8 1RE
Tel: 0117 9226959

• Wednesday, April 22 @ 6PM
Borders, Bullring Shopping Centre
Birmingham, B5 4BE
Tel: 0121 616 1094

• Thursday, April 23 @ 6PM
Borders
12-13 Market St.
Cambridge
Tel: Helen Stickney, 01223 306188

• Friday, April 24 @ 6PM
Blackwells Bookshop
52-63 South Bridge
Edinburgh
Tel: 0131 622 8222

• Saturday, April 25 @ 1PM
Borders, Fort Kinnaird Retail Park
Newcraighall Road, Edinburgh
Tel: 0131 657 4041

A crowd of 100 or more people gathered to hear our friend Steve Vander Ark speak Sunday at the Tucson Book Festival.

I guess they didn't get the gloomy memo going around about how Fandom is dying out and how the Lexicon isn't going to sell. *snort*

Think again - it's good for everyone in Fandom to see people of all ages gathered together to discuss Harry Potter. That's a positive, even by WB's picky standards. These are the same fans who buy DVDs and movie tickets, ya know?

Lisa Bunker reported on her Facebook that they signed and sold more than 30 copies! She also posted this great picture of the crowded room. Congrats to the Lexicon Authors!

Thanks to Luna'sCeiling for posting this in a comment, and I thought I'd make a separate entry .

This is tonight, for anyone in the Chicago area!


Meet Author / Website Founder
Steve Vander Ark and His Publisher

Thursday, January 29 : 7 PM
Magic Tree Books
141 N Oak Park Ave
Oak Park, IL 60301
(708) 848-0770

The Magic Tree Bookstore is delighted to host author and founder of the world-renowned Harry Potter Lexicon website Steve Vander Ark and his intrepid publisher Roger Rapoport on Thursday January 29th at 7 p.m. The publication of this book was cause for a lawsuit with J.K. Rowling. Find out how the suit was resolved and J.K. Rowling's role.

Does The Leaky Cauldron have a Pub Quiz Night? If so, it might be a lot like the Magic Tree's Lexicon Quiz! The author of this ultimate guide to all things Potter will emcee an exciting quiz match featuring questions taken from his book. The audience will be split into teams and will compete for the Order of Merlin First Class in Harry Potter knowledge. It's going to be great fun, and you'll learn loads that you might not know.

To reserve your place and/or to reserve copies of The Lexicon: An Unauthorized Guide to Harry Potter Fiction and Related Materials call (708)848-0770. This comprehensive guide sells for $24.95 and members receive 10% discount as always.



( View the Book Tour Schedule ~ Next Stop: Michigan! )

Bluestocking has written her excellent review of The Lexicon:

Read It Here

a_wafflinggets a special mention, due to his obscure yet distinguished namesake.

Several of us have also written reviews on Amazon and Barnes and Noble (check the Customer Reviews Tab). 

I have to mention that on Friday, my husband saw a big display of The Lexicon  
at a Books-a-Million in Chattanooga. So it's out there, people ~ look for it when you visit your local bookstore.

Steve Vander Ark is off on his book tour, most recently in Denver for the American Library Association winter meeting, where I understand that he and Lisa Bunker signed copies of the Lexicon, and met with alot of friendly support for the book. Sounds like a happy time and I hear they sold quite a few copies of the book! Congratulations to all the writers!

The Lexicon Tour 2009

Also, I should point out that while the original Fandomentalism website has lapsed, all the comments have been saved in a shiny new place here on LJ:   fandomentalism. The original quotes may be viewed but comments are turned off. You may, however, post comments on the latest post which is HERE as long as you keep it civil. 

    Hammer Time! 
 

Today my copy of The Lexicon arrived, and it is just amazing to see this book in print!!! And for those who wonder whether it is the "real" Lexicon, let me assure you, it is just as impressive as the online Lexicon, and just as useful. I've wondered sometimes if this day would ever arrive, but it has, and I want to say to Steve Vander Ark and all the writers of the Lexicon, and all the people who made this day happen:






Lexicon Book Tour Kick-Off


( Music Videos Under the Cut )

I left out a "plum" of a quote from my Best of JKR list last week, and that's not right since this had such a Christmasy theme! Therefore, this post is for aredwitch, who enjoyed the following quotes more than anyone I know. I'm also adding a new "plundered plums" tag, because I'm absolutely sure we may hear this phrase again when the new Lexicon book is published later this month.

From the Trial Transcript, Day Three

I have a very strong view and my view --
4 my view is that it is analogous to me making a cake and that in
5 the creation of this Lexicon, all the plums in my cake, as it
6 were. . .

I believe that
13 the contents of those books have been plundered

From Cendali's Summation:

It's incentivizing people who write about Harry
24 Potter to take less, to not just copy, as Ms. Rowling, once
25 again, eloquently put it, not taking the plums in her cake or

1 cherry-picking out the adorable wonderful clever things about
2 it and selling in her own. Not taking her plums; so taking
3 less, but doing more

And from the Judge's Final Opinion, page 18 (even he seemed impressed!):

She compared this taking of her work to plundering all of the “plums in [her]
cake.” (Tr. (Rowling) at 647:3-6).

And that caused aredwitch to write on Leaky Cauldron:

"DE(DavidEnglish) did the judge really write that SVA 'plundered' JKR and stolen her 'plums'? That sounds so out of place in a legal document, I have to go back and read it again. It sounds so suggestive. Who knew that a legal judgement could be so sexy?

So it occurred to me that there are two analogies going on here with the "Plundered Plums" reference. One is to the obvious character in Deathly Hallows who was owner of the "dirigible plums" (strange radishes) that no one was supposed to tread upon ~ Mr. Lovegood. I can see the analogy there - he would do anything to save his child, Luna, and JKR would say anything to save her supposedly stolen copyright (also compared to her child in the courtroom). 

The other is from the nursery rhyme, Little Jack Horner, the boy who stole the Christmas pie.  There's also the famous William Carlos Williams poem about the stolen plums which also seems appropriate to quote here.


( Believe Me ~ There's More!!! )

Case Closed!

Justia Document Here



Closing Time

UPDATE: Thanks to a_waffling who has discovered that "Early in the morning on 12-19" the Leaky Lounge will close the famous Trial thread, unpinning it and letting it fall like a snowflake down through the other threads of the Muggle Underground Read the official announcement Here. So what will happen next and where will everyone go? It will be nice to see the end of the Wake. Anyone got a popcorn popper? I believe I'll make a pie. I don't know what video is appropriate for this. I wonder where everyone will turn up next? I'll just put two about saying "Goodbye" and "Hitting the Road." After the Wake that is. As Robert Plant so aptly put it, "When the journey is done, there is no turning back on the run." ( Original Post Here )

Bluestocking has posted an exclusive interview with Steve Vander Ark, one of his first since the copyright lawsuit with WB/JKR came to a close last week.

Bluestocking's Guide ~ Inklings Podcast on iTunes

This requires Quicktime for iTunes, so for best results, please consider downloading that program.

In the intervew they chat about the Lexicon book coming out on January 12th, the travel book In Search of Harry Potter, and many other topics. Enjoy!

In Search of Harry Potter can be ordered on Amazon. It is beautifully illustrated by our friend Camilla Engelby, known here as wickedblonde 

To order the Lexicon Book, please go to the What's New Page of the HP Lexicon and click the link for RDR books in Steve's post there.

Please continue celebrating, discussing, ranting, accusing, or whatever - it's your choice.

The original thread is Here.

I'll Update as more is known:

Steve has put up a link on the Lexicon's "What's New" page for ordering the book ~ HERE

Kristin Devoe: Daily Prophet ~ HP Lexicon to be Published Jan. 12th!
MatthewHolm: Harry Potter Lexicon Dispute Concludes with Worst Book Title Ever
Stanford Fair Use: Anthony Falzone ~ Lexicon Resurrected

( Original News Links Here )

Are You In With the In-Crowd or Out-Crowd?
~Who Practices Groupthink???~
(Hey, this song has a cool rattlesnake sound to it also)

Groupthink is a psychological phenomenon that can occur in groups of people. Rather than critically evaluating information, the group members begin to form quick opinions that match the group consensus. Groupthink seems to occur most often when a respected or persuasive leader is present, inspiring members to agree with his or her opinion. Groupthink is sometimes positive but is more often seen in a negative light, particularly in the United States and other countries that value individual opinion. Mass hysteria can be seen as an extreme example of groupthink.
http://phobias.about.com/od/glossary/g/groupthinkdef.htm

( What are the Eight Signs of Groupthink? )

 I'll Update as more is known:  

Steve has put up a link on the Lexicon's "What's New" page for ordering the book ~ HERE

Stanford Fair Use: Anthony Falzone ~ Lexicon Resurrected
Baby Blue on Shell Cottage: The Best of All Worlds ~ The HP Lexicon Will be Published ~ Finally
E-Online: Muggles Beware: Rogue Harry Potter Publisher Back on the Loose!
Publisher's Weekly: RDR Drops Rowling Appeal; Has New Book
Bluestocking has an Inklings News Alert Podcast on her blog now.
Muskegon Chronicle 12-5 ~ Publisher will issue Harry Potter Lexicon
Muskegon Chronicle 12-5 ~ Cutlerville Native Pens Second Harry Potter Reference

 Leaky Cauldron 12-4-08  Publisher RDR Books voluntarily withdrew its appeal in the RDR Books vs. WB/JKR case concerning the publication of an unauthorized Harry Potter encyclopedia. The publisher is working on releasing a version of the book in question that complies with the judge's ruling, which indicated that the original book copied heavily from the Harry Potter books. There was no settlement in the case.

The Christopher Little Agency released the following statement today:
"...We are also pleased to hear that rather than continue to litigate, RDR have themselves decided to publish a different book prepared with reference to Judge Patterson's decision."

Celebrate!!!!!!!!



A Song for the Leaky Cauldron Regulars
"Unbelievable"
(Song starts at .55)


( The Rest of SIP's Dance Party and Hippies for Justice Under Here )

Was it really only a year ago that J. K. Rowling and Warner Bros. sued RDR Books over the Harry Potter Lexicon on Halloween?

It seems more like an eternity, and alot of phrases come to mind. Dark night of the soul. Sold their soul to the company store. In League with the Devil. The Twilight Zone. Through the Looking-Glass. Down the Rabbit Hole. Down the Drain. Boiled in Oil. Keelhauled. Run Amok. Attacked by Harpies. Between Scylla and Charybdis. Nibbled by Geese. Drawn and Quartered. Chastised. Burned at the stake. Run out of Dodge.

But that's really giving the "other side" too much credit. They never actually chased us away, or kept us from writing one word we wanted to write. Of course, people have truly been hurt and reputations have been smeared by lies and innuendoes, and I don't think anyone understands the damage that their constant barrage of negativity has done to people. However, they never really had the big "gotcha" moment in which RDR and Steve Vander Ark were turned penniless out into the street, no matter how many times that was discussed with glee and longing. Many times things didn't turn out the way the Lexicon Haters thought it would - or should I say, every time. And sometimes things became so absurd we had to laugh at the nonsense.

Speaking of which, and in honor of this auspicious date, David English on Leaky Cauldron has made the following colorful suggestion:

It might be nice if the Potter Puppet Pals did a reenactment of the case with Snape as SVA, Hermione as Jo, Fudge as RDR, McGonagall as Dale Cendali, Lucius Malfoy as Falzone/Hammer, and Dumbledore as Judge Patterson. "What's that ticking sound? Oh, it's a Cease & Desist letter. Just ignore it and it'll go away." *BOOM*

Well, I think we can do better than that ~ what are your suggestions? How about Snape as Hammer, for one thing? *evil* I seem to recall a bit of snark from him.  And Cendali is not the stoical McGonagall - I can think of a few other characters who fit her persona alot better.  Please give your suggestions and have fun with it!

Steve Vander Ark's new book In Search of Harry Potter is now available on AmazonUK. The release date is now October 23 in the UK. When we get the U.S. release date, of course you'll see it here.

John Granger has a new book, The Deathly Hallows Lectures: The Hogwarts Professor Explains the Final Harry Potter Adventure (Paperback) and it's now available in the U.S., and getting some good reviews there.  You can hear an interview with John on the Hog's Head Podcast. And of course, you can read many more of his insights and those of his circle of friends on his blog Hogwarts Professor.

One recent discussion about "sight" in DH there caught my "eye," since I love all the mirror/eye/reflection imagery in Deathly Hallows. Great read if you have the time.

And here are the "Legalese" articles of the day.

Assoc. of Research Librarians ~ How Fair Use Prevailed in the Lexicon Case - pdf

Lawrence Lessig ~ In Defense of Piracy - Good discussion of the Dancing Baby Youtube Case.

Also see my friend wimble_mimble's new icon journal mimble_icons. Great Harry Potter icons! I'm sure we will see more great things there in the future!

The writer Orson Scott Card is fired up again about JKR and the Lexicon case. His original essay about the Lexicon trial is here:

JKR, The Lexicon, and Oz .

His latest is a rather long entry on his blog forum, so go to the link and scroll down to read it:

Orson Scott Card Speaks Out about the Lexicon Verdict

( Read An Excerpt Under the Cut... )

Secondly, here is one I overlooked ~ Ken Jennings who originally wrote opinions of the Lexicon Case Here and Here.

To Azkaban With You!

( Read An Excerpt Here . . .  )

Bluestocking has more Lexicon Trial Analysis, this time of the allegedly "expert" witness of Jeri Johnson. I love the way she tries to define what a Lexicon is, yet has nothing but her own opinion!

The Testimony of Jeri Johnson

Excerpt: Johnson: “But what do I think? I think it is not a lexicon either. A lexicon would be a word list, yes, where the word is most frequently reserved for Greek or Latin dictionaries forhistorical reasons. But we would expect a lexicon to have the kinds of information systematically and uniformly given that this doesn't, like etymologies or like pronunciations. "Lexicon" is another word for dictionary.”

Bluestocking: You know Ms. Johnson you should really stop speaking in absolutes like you are the authority. I checked my copy of Webster’s Dictionary, lexicon is listed as an encyclopedia not a word list. Would it really have been that hard to check this out? Once again, some examples would be really nice. Just so you know, when experts testify they give their opinions to a reasonable certainty. See the problem with absolutes is that you run the risk of having your opponent start putting Lexicons that are more than merely word lists and start quizzing you on them. In addition, a really cheeky lawyer might read you the Webster’s dictionary definition.

If you haven't seen it yet, here is cover from Steve's new book from Methuen, hopefully coming out in October of this year. Good Luck with it, Steve!


Then the Warner Bros. saga continues with a new statement from Alan Horn about how much he loves the fans, and how WB postponed the HBP movie for our own good.
Rope of Silicon Blog: Warner Bros Puts Their Disrespect for HP Fans in Writing

Meanwhile, Dan Radcliffe said in an Interview not to blame him, as some bloggers have insinuated that his Equus perfomance in the fall is the reason for the delay. He says he was told about the movie change 24 hours before it hit the news.
Snitchseeker: Exclusive Dan Radcliffe New York Times Talk

JKR is designing stained glass for charity now! Amazing that she keeps finding that lost creativity, and new ways to protect her philanthropy besides suing people:
Snitchseeker: JKR Designs Glass Pane for Charity Raffle