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Still no news about the Lexicon. The long vigil continues. 

I just saw this article by Professor Alastair McCleery of the Scottish Centre for the Book, Napier University:

Dead Hands Keep a Closed Book

No, don't worry - that rather startling title doesn't mean he is advocating death to writers, but hoping that the descendents of deceased writers will allow more freedom for academic writers to use the published works of the departed. He is complaining about copyright "extension" which allows nearly perpetual copyrights for heirs to a literary estate.

And yes, that would mean a loosening of the copyright laws in some cases, and he goes through quite a bit of the history of copyright, and UK legislation. But methinks the Scottish professor contradicts himself and sounds a bit like an intellectual snob when he singles out the HP Lexicon as a special case because he sees it as "nakedly parasitical." Come on . . . really?  

Lexicon Update: We Are All Made of Stars

  • May. 21st, 2008 at 4:21 AM
MoonDream
.       .       . Photobucket

Kristin Devoe's Daily Prophet Blog has a good question:

I ask of JK Rowling: What do you think of all the haters?

What makes this so disturbing, is that for those of us who feel that this book frankly, is no big deal, and should be published under the guidelines of “fair use”, we have been called “JK Rowling haters”, or “Steve Vander Ark lovers”. Simply because, we are exercising out inalienable right to disagree. We are not “true fans” 

GASP!!! We disagree!!!


And just for reference, a quote from "The Sneetches":

Now, the Star-Bell Sneetches had bellies with stars.
The Plain-Belly Sneetches had none upon thars.
Those stars weren’t so big. They were really so small.
You might think such a thing wouldn’t matter at all.

But, because they had stars, all the Star-Belly Sneetches
Would brag, “We’re the best kind of Sneetch on the beaches.”
With their snoots in the air, they would sniff and they’d snort
“We’ll have nothing to do with the Plain-Belly sort!”

...When the Star Belly Sneetches had frankfurter roasts
Or picnics or parties or marshmallow toasts,
They never invited the Plain-Belly Sneetches
They left them out cold, in the dark of the beaches.
They kept them away. Never let them come near.
And that’s how they treated them year after year...

~ Dr. Seuss

 
MoonDream
               As my friend [info]lunas_ceiling put it, this has been the

                        "Week of Wu." 

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Just for the record, let's remind ourselves of who he is. 

He does NOT work with the Stanford Fair Use Project attorneys who are representing RDR books in the Lexicon lawsuit.

Tim Wu is a Columbia Law Professor and writer. Last week he led part of a panel discussion in New York called "OnCopyright 2008." That is his field of interest, and yes, he has strong opinions. Everyone should already know that because he wrote an Article for Slate in January entitled "J.K. Rowling's Dark Mark: Why she should lose her copyright lawsuit against the Harry Potter Lexicon." That's a very simple, straight-forward title. So it shouldn't be a secret that he has an opinion about this case.

However, when he wrote the short vignette in the New Yorker entitled Fan Feud , it caused quite a stir, as my readers know (see the past few entries for details). He also wrote a follow-up on his blog What's New With Wu in which he restated his view.

Some in Fandom feel his article was a cheap shot at people who are already upset. For instance, Sue, one of the regulars on Leaky Cauldron's Pottercast who was actually quoted in Wu's now famous vignette has now blogged about her feelings: The Elephant in the Room.




An alternate view to that is a comment written on Kristin Devoe's Blog "The Daily Prophet" in reference to the New Yorker story. Karen Brown author of the book Prejudice in Harry Potter's World wrote her own opinion of the Leaky Lounge, deleted posts, sympathy for Steve Vander Ark, and the so-called impartiality of fandom.  I think she speaks for many of us who are still Harry Potter fans, and who are not personally involved, but still have a right to our alternative opinions. 

Tonight an interesting encounter on Leaky in which Melissa accused the poster kbnthomas of being Karen Brown, and demanded a retraction of the comment posted above.  About the deletions - many people who support Steve Vander Ark have been deleted on Leaky.  I don't see how we can "prove" that now, since the posts are, by definiton, gone.  If Melissa wants to open up her logs for a day and let us see the names of the people deleted in the past three months, that might convince me, so I would urge her to "prove" that we haven't been deleted.

MoonDream
Tim Wu has written a follow-up on his blog to the New Yorker Article about Steve Vander Ark and Fandom. 

Wu Writes:


"Unsurprisingly, the fan reaction has been visceral, in all sorts of directions. I particularly like being compared to Rita Skeeter. Obviously there is much more I would have liked to have put in - there were hours of interviews, and great contributions from Sheryll Townsend that were cut in their entirely to my dismay. But overall the thrust of the article was to describe the feud over Steven Vanderark in fandom, and his punishment therein.

Ironically, the article itself seems to have led to even more feuding in fandom.
Melissa Anelli in particular feels she has been misrepresented; though I am not sure I see why. Briefly, I mention and quote language to the effect that her and other leaders in fandom have been strong supporters of Rowling, and tough on Steve Vander Ark. This no one can deny. It is also true that Anelli herself has a good relationship with Rowling, and is writing a book, on fandom, with her blessing. These are the facts - and I didn’t refer to her as having mushroom hair, so she ought be happy.

Perhaps I will end with a para that was cut from the piece that seems to capture things:

Sheryll Townsend, a forty-eight year old Slytherin and fellow member of Harry Potter for Grownups (she calls herself a “list elf”), said, “Fandom tends to eat their own.”

 
MoonDream

I just transcribed part of Pottercast 148 from Leaky Cauldron, since they can't seem to agree on who said what, and I wanted to hear it for myself. I think the problem that Tim Wu had, and that I had, is that Melissa and Sue sound rather similar when they only give one word answers such as "right."  That implies that they agree, whether they do or not.  There is no way to prove who is agreeing, whether Melissa or Sue. 

John Noe speaks the most, Melissa talks about her book, so we know that is her, and , from comments I've read on Leaky, it is Sue who makes the actual statement about Steve being "vilified" by fandom. So Tim Wu may have to make a correction to that article, but it's obviously all the same because no one argues a different side in this part of the Podcast.


This is the first time I've ever listened to a Pottercast before, although I've read the transcripts.  I admit I didn't listen to the whole thing.  I think I'd rather have a long slow root canal. 

MoonDream
PoW! Tim Wu must be the bravest man in the United States to write this article! Check out the caricature also!

The Bench: Fan Feud by Tim Wu

I'm glad he didn't call it "Family Feud" although it does have quite a bit of "Mom likes you best" in it!

I posted this link in the Leaky Lounge, then ran for my life. 

Update: Melissa Anelli has written a first impression of this article on Leaky Cauldron:




This is just made of Drama.  
MoonDream
Roger Rapoport, owner of RDR books and the publisher of the Harry Potter Lexicon book, has done an interview with the Chicago Tribune.

Excerpts:

"...when Rapoport received a series of threatening letters last fall from lawyers . . . he didn't flinch.

'The intimidation factor was zero,' Rapoport said with quiet pugnacity."
~~~~~~~

Rowling seemed willing to compromise on the witness stand, saying, "I never ever once wanted to stop Mr. Vander Ark from doing his own guide, never ever. Do your book, but, please, change it so it does not take as much of my work."

. . . "That opportunity was never presented to us," he (Rappoport) said, his eyes flashing with anger. "The only thing they said [in the lawyer letters and pretrial discussions] was: 'Will you stop the book?' "
~~~~~~~

. . . the publisher said he has never been worried about the ultimate outcome. His lawyers, he said, have told him that "no court has ever ruled that the writer of a fictional work is the only person who can write about that book."
~~~~~~~ 
Added: There are two pages of Comments that really display every opinion of this case. 

Lexicon Trial: A Few Facetious Asides

  • Apr. 27th, 2008 at 12:59 AM
MoonDream
Definition of "facetious": 1592, from Fr. facétieux, from facétie "a joke," from L. facetia, from facetus "witty, elegant," of unknown origin, perhaps related to facis "torch." It implies a desire to be amusing, often intrusive or ill-timed. (Source: Online Etymology Dictionary . 
 
In the HP books, there are many questionable juvenile jokes, from Ron making remarks about "Uranus" in Divination class, to George considering himself "holy" now that his ear is gone, to Percy being teased as "Bighead Boy" by his brothers. The name "Harry Potter" is euphemistic and just barely passes the censors. And the fact is, most HP fans appreciate a good joke, the sillier the better. 

So when I read last week that JKR and her witnesses do not appreciate the "facetious asides" in the Lexicon, it seemed rather incredible.  And when you read the transcript and see what the objections were, it's really funny.  Recall that Harry himself thinks that Hagrid is "too large to be allowed,"  Yet JKR said:

A. (JKR) For that money, I believe you are being resold the Harry
15 Potter books with a negligible amount of attempted commentary,
16 some of it false, and a lot of facetious comments. I quote, 
17 "I would like to see Hagrid fit himself into a McDonald's booth." 

That was a remark Steve put in the Lexicon book. I fail to see why that would bother JKR, unless she hasn't been to McDonald's lately and tried to sit in a narrow plastic booth. It makes me wonder, have the books suddenly turned into "sacred texts" so that we can't joke about them?

Witness for the Plaintiff Jeri Johnson was on the stand complaining of some rather mild jokes Steve Vander Ark makes in the Lexicon book, and the Judge saw right through it to the heart of the matter and chimed in:

 Q.  (Hammer) You are an Oxford don, are you not?
        9    (Johnson) A.  I am.
       10    Q.  Many of the readers of the Harry Potter books are 12, 13,
      11    14-year-olds, isn't that true?
      12    A.  Yes.
       13             THE COURT (Judge):  Or younger.
       14    Q.  Or younger.
       15             The Harry Potter books are filled with jokes, are they
       16    not, that are directed at 10, 11, 12 and 13-year-olds, correct?
       17    A.  Yes, there are.
       18    Q.  In fact, there are jokes about troll boogers, isn't that
       19    true?
       20    A.  Yes.
       21    Q.  There are jokes about phlegm, isn't that true?
       22    A.  Yes.
       23    Q.  You, I assume, don't often joke about phlegm, correct?
       24    A.  Only with my 9-year-old daughter.
       25    Q.  So, in fact, you yourself recognize that a 9-year-old might
                                   1    find something funny that you yourself do not?
        2    A.  Absolutely.

Absolutely right. In the books there are also jokes about toilet seats, and jokes about an old man with nothing on under a dress so air can get to his privates. There are jokes about Moaning Myrtle getting into the bathtub with Harry.  Sirius jokes about Kreacher snogging a pair of pants.  Gilderoy Lockhart tells Snape that his "wand is a little over-excited."  And how can we forget all the "goat jokes" about Aberforth? Are those stories not meant to be "facetious asides"? 

Really humor is the last thing they should have brought up because parody is protected under copyright law, and the way things are going, that may be the only legal way anyone can express an opinion eventually.

Lexicon: Wizards of Blog

  • Apr. 26th, 2008 at 2:12 AM
MoonDream
Several Bloggers have written, shall we say, "strong" reactions to the Harry Potter Lexicon Trial ~

Author Orson Scott Card, who also wrote so eloquently about Severus Snape before DH:
J.K. Rowling, Lexicon and Oz 

"I fully expect that the outcome of this lawsuit will be:

1. Publication of Lexicon will go on without any problem or prejudice, because it clearly falls within the copyright law's provision for scholarly work, commentary and review.

2. Rowling will be forced to pay Steven Vander Ark's legal fees, since her suit was utterly without merit from the start.

3. People who hear about this suit will have a sour taste in their mouth about Rowling from now on. Her Cinderella story once charmed us. Her greedy evil-witch behavior now disgusts us. And her next book will be perceived as the work of that evil witch. "


MoonDream
Since the Transcript for the trial came out the other day, I've tried to discover where JKR found the definition of the word "alohomora," just to satisfy my curiousity. The author said in court:

A. I think that it is sloppy, I think there is very little
4 research, and I don't think that it -- I don't think it
5 constitutes an original work.
6 Q. You mentioned that the Lexicon occasionally -- earlier that
7 the Lexicon occasionally contained etymologies.
8 A. Yes.
9 Q. I believe you also mentioned that the some of those
10 etymologies were wrong?
11 A. Hmm-hmm.
12 Q. Could you give the Court an example.
13 A. I could give several. But Mr. Vander Ark gives an
14 etymology for alohomora, which is an incantation used within
15 the Harry Potter books to open a locked door by magic. And he
16 asserts that this word was derived from the Hawaiian aloha
17 meaning good-bye. Which is errant nonsense. Alohomora is a
18 Sidiki word from West Africa, and it is a term used in
19 geomancy. It is a figure -- the figure alohomora means in
20 Sidiki "favorable to thieves."
Which is obviously a very
21 appropriate meaning for a spell that enables you to unlock a
22 locked door by magic.


That's all very interesting, but is it realistic that someone could find that on the Internet without the use of some obscure source? Steve used "Aloha" as the etymological source, the Hawaiian word for both "good-bye" and "hello," which makes sense when dealing with opening doors. I always thought that was the root word for Alohomora until reading in the news that the writer had a different view. 

I disagree that this is "sloppy research" though, and my own experience in trying to go on a quest for alohomoro is probably typical. I invite anyone who can actually find this root word to please post it here and tell me where they found it, or if anyone else is searching, let us know if you came closer than I did.  

UPDATE: Ding Ding and Ta Da!!!  We have a winner!  An anonymous, but very lucky researcher discovered the source for Alohomora! And her name is "Marielle."  Also thanks to [info]sander123 and [info]sciencegeek for following soon after.

Whoo-Hoo! So here's the Magic Link: http://www.serenapowers.com/sikidy.html

And another, which says "See Aloha" - *lol* : http://www.mysteryarts.com/magic/words/Ed.3/?p=115

As you see, you have to spell it "Sikidy" instead of "Sidiky."  That is probably a court transcription error.  Sikidy is not a dialect but a type of divination used on the Island of Madagascar. I had seen some links leading to that yesterday while researching Geomancy, but dismissed them because . . . that is East Africa, not West Africa. So even with the supposed location of the name origin, this was a challenge to unravel just from what the author said.  I don't know why "alohomora" doesn't show up on Search Engines from that website - it's odd, but I just searched for it again, and got nothing except references to the HP books. Anyway, this has been alot of fun and thanks to all who did the research!




  
MoonDream
Today is UNESCO World Book and Copyright Day.

In honor of that, I thought I'd post a few comments about the Lexicon case from various sources, from Neil Gaiman to Entertainment Weekly, and more:


Lexicon Update: Trial Transcripts

  • Apr. 22nd, 2008 at 3:06 AM
MoonDream

Trial Transcripts!!!     applause


Day One ~ Day Two ~ Day Three 




Thanks to MaraudingDon on Leaky Cauldron for the links.   Thank You!
 

WB Should Heed the Ten Trial Commandments

  • Apr. 20th, 2008 at 12:33 AM
MoonDream
My friend Bluestocking has graciously bestowed some much-needed professional advice on the Warner Brothers Legal Team, after studying their performance in Judge Patterson's Federal Courtroom last week during the Harry Potter Lexicon Trial:

Ten Commandments of Trying a Case as Set Forth by Yours Truly Bluestocking.

Also, here's a hilarious story from 1945, back when the Marx Brothers were making a movie called "A Night in Casablanca" and Warner Brothers told them the name was too similar to the Humphrey Bogart picture "Casablanca." Groucho Marx wrote numerous letters trying to explain, each letter more bizarre than the next, until finally the legal department at WB left them alone to make their movie.

Groucho Marx Confuses the WB Legal Department 
                                                                                                

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Lexicon Update: A Contradiction from JKR

  • Apr. 18th, 2008 at 8:15 AM
MoonDream
 On Wednesday, Day 3 of the Trial, JKR said:

I never ever once wanted to stop Mr. Vander Ark from doing his own guide — never ever," she said as she took the stand for the second time in the three-day trial, as the last rebuttal witness. "Do your book, but please, change it so it does not take as much of my work."

The problem is, she never said that before.  And she definitely wanted to stop Mr. Vander Ark and RDR books.

In this document, Filing 59, which is her pretrial letter to the court, JKR states

"RDR's position that fans of the HP Series can simply buy two encyclopedias is both presumptuous and insensitive."

So, if even "two" encyclopedias are too many, then she is contradicting herself in saying she would allow another version of the Lexicon. In court on Monday, according to Melissa Anelli's trial notes, Here, the testimony said:

JKR said that if RDR wins, and the market is flooded with books similar to the Lexicon ("an avalanche of dross, so that by the time my encyclopedia book comes limping to the marketplace, everyone will be sick to the back teeth of Harry Potter encyclopedias"), she might be without "the will or the heart" to finish her own version.

So, did she change her mind from Monday until Wednesday? I'm not sure you can suddenly change your mind in the middle of a trial, especially if you are one of the Plaintiffs. Or was she trying to save face with the Judge by softening her stance?  Either way, let's hope they settle this soon.
MoonDream

Selected Quotes of the Day

"I believe the flood gates will open," Rowling said, her voice rising. "Are we the owners of our own work?"

"Copyright law does not permit an author to suppress a book because she doesn't like it," he said. ~Anthony Falzone, Defense Attorney

“I can’t simply take the expert’s opinion as my own.” ~ Judge Robert Patterson

Again, Judge Patterson interrupted, and addressed Rowling directly. “Can you imagine anyone reading [the Lexicon] for entertainment value?”  

“Quality shouldn’t matter,”. . . If the Lexicon is lousy, Falzone concluded, the answer is not to suppress it, but for Rowling to write her own. 

MoonDream
Wall Street Journal Blog, April 15: 



MoonDream
More Testimony from the New York Times.

(JKR) complained that the entries consisted of words like “Death” or “Voldemort” arranged alphabetically, followed by what she considered bare-bones definitions.  For instance, she said, the Ogre entry simply said, “Ron and Hermione think they see an ogre at Three Broomsticks.” A superior entry, Ms. Rowling testified, would have pointed out that “An ogre in European folklore was a flesh-eating giant.”

The entry under Remus Lupin, she said, missed the opportunity to comment on the etymology of the name as a “double allusion” to the character’s being a werewolf, since in Roman mythology Remus was raised by wolves, and Lupin derived from lupine.  

She also objected to what she called the book’s “facetious asides,” like a comment about whether Hagrid could fit into a booth at McDonald’s. “I think it’s dire,” she said. “I think it’s atrocious.”

The lead defense lawyer, David Hammer, was not impressed with her literary critique of the work.

“Have you ever read a dictionary, Miss Rowling?” Mr. Hammer demanded. Alphabetical order, he continued, “is what the Encyclopedia Britannica uses, isn’t that true?”

To which Ms. Rowling retorted: “What are you accessing in these A-to-Z’s? Aren’t you being suckered out of your hard-earned cash?”

“You feel it’s your responsibility to prevent people from paying their hard-earned cash for things you don’t like?” Mr. Hammer asked.

“Absolutely not,” Ms. Rowling replied. “This is theft. This is wholesale theft.”

It was the ultimate irony, Mr. Rapoport’s lawyer said, that the same Web site that Ms. Rowling was now denigrating was one that she had admitted using herself a time or two to check facts.

Ms. Rowling conceded that she had given a “fan-site award” to Mr. Vander Ark’s Web site in 2004, but she said she had given the award only “as a kind of 'A' for effort.”

When she gave the award, she wrote on her own Web site: “I have been known to sneak into an Internet cafe while out writing and check a fact rather than go into a bookshop and buy a copy of Harry Potter (which is embarrassing).” But she said she had consulted the Web site only because “I wanted to do a nice thing for the award. Do I now regret that? Yes, bitterly.”
TwilightZone

I had a feeling I would be using my Twilight Zone icon alot today. Can you hear the music?

I just found a blogger who took notes today in court, and this just deserves it's own space.  

Now, to me, it isn't just weird because they are discussing magical creatures in court, it is the fact that JKR believes there is only one "correct" interpretation of "Alohomora."  I always thought it came from "Aloha" since I don't speak West African.  So if someone misinterprets the books - say they don't believe Dumbledore is gay, or that Snape is a big evil dodo bird - then they need to be set straight (or not straight, as the case may be)! 

NY Times Blog: J. K. Rowling and the Courtroom of Muggles

April 14, 2008, 3:02 pm
By Jennifer 8. Lee

As the author J. K. Rowling took the witness stand on Monday to testify in the copyright lawsuit over a Harry Potter encyclopedia, the line between her magical world and the muggle courtroom became somewhat blurred. The lead plaintiff lawyer apologized for saying the name of the villain Lord Voldemort out loud. Albus Dumbledore was quoted in opening arguments for his admonition of when you must “choose between what is right and what is easy.”

Ms. Rowling, when asked to define what wizard cards were, explained in a matter-of-fact matter that they were cards of famous wizards that came with the purchase of a chocolate frogs. (Her lawyer had to explain to the judge that outside the books the cards only existed in a video game). And while the lawsuit was filed on Oct. 31, the lawyers noted, “The fact it was filed on Halloween, your honor, was just a coincidence.” 


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.

It was clearly an emotional issue for Ms. Rowling, who had flown in from Scotland to testify. She was given a box of blue tissues after she said, “I really don’t want to cry because I’m British.” 


“Alohomora,” a spell that opens doors in Harry Potter’s word, 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. 


The courtroom at the federal court house at 500 Pearl Street was considerably more packed than other copyright cases (like Viacom v. YouTube/Google). There were reporters, law students, copyright groupies, legal scholars and even a young fan or two (shouldn’t they be in school?).

Occasionally, the muggle world would come in focus. When the lawyer apologized for struggling with the pronunciation of “occamy” (a creature resembling a winged snake that was a play off of Occam’s Razor), Ms. Rowling said: “You can pronounce it any way you want. It is not a real thing.”

MoonDream

JKR arrives at the courthouse:

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From CNN Money