I will say this: if you actually read the ruling, or summaries of it, you'll see that Judge Robert Patterson (no, Patterson. He does not sparkle in direct sunlight. That I know of) is very careful to note that this is not a ruling against the general concept of fan comment and critique, for profit or not.1 The issue is not that the Lexicon is a derivative fan work; the issue is that it isn't. It is, in large part, copy/pasting of the original books' phrasing with little to no criticism or commentary--it's Rowling's work alphabetized. It is, in fact, an enterprise that makes the rest of creative fandom look bad. That's the issue. That's why she isn't suing the other guide books and commentaries2 (or me, for that matter, and I also published): because those works actually contributed original thought.3
1. Sample quote, p. 18: "The Companion to Narnia, however, is far more erudite and informative than the Lexicon." More quotes.
2. JKR's statement: "Many books have been published which offer original insights into the world of Harry Potter. The Lexicon just is not one of them."
3. "A mop Filch threw out and a whole lotta hope" is not a thought or phrase that occurs in JKR's own writing, if you see what I'm saying.
The other thing is that RDR tried to defend the book by saying that since Rowling gave permission to a free, non-profit website to use large swaths of her charity books' text, she had also given them implicit permission to republish the material in print for profit--basically, that in granting one right, she had relinquished a ton of others as well. If RDR had won, fans across the interwebs would not be rejoicing that they had expanded their rights. No, it would be trigger-happy corporations (Fox comes to mind, among others) Viacom going, "Oh, the hell we're giving up rights we didn't even know we were giving up!" And all those shiny happy Buffy and Firefly and Supernatural and Battlestar Galactica fansites? GONE. C&D'd by the end of the week. So because RDR (RDR's lawyer, Stanford's Fair Use Project, whoever) introduced that concept, RDR losing actually prevents fandom from getting screwed on this particular occasion.
And also, if you're going to play the JKR IS SO GREEDY OMG card, keep in mind that she said she'd donate anything they won to charity, and that His Honor did, in fact, award her and WB the princely sum of $6,750. No, I did not leave any zeroes off.
Anyway. Linkspam. (I was promised a
Fringe comes on tonight, and I think I'm actually going to try to watch it. Maybe get into it
Meanwhile, Terminator's Manson Surprises. SHIRLEY MANSON IS >>A TERMINATOR<<? ZOMG WHY AM I NOT WATCHING THIS.
Oasis attacked! "Sullivan (also identified as drunk) burst onto the stage while the band performed 'Morning Glory' and shoved Gallagher into a monitor, fracturing his ribcage and tearing some ligaments." Includes video of the incident, no less.
Apple unveils new iPods.
Shock shortlist for this year's Booker; 'Intensely readable' books nominated for prize.
Burger King eaters engage in rampant 'polygameat.' The "Meat Beast Whopper"? Really?
'The Fly' opera features nudity, so-so score. Well... then.
Toronto: Toronto Film Festival: Zombies, con men, slumdogs, and Broadway babies; Julianne Moore talks 'Blindness'; TIFF Interview: Rachel Weisz, 'The Brothers Bloom'; Toronto: Dave Karger's Oscar buzz.
Toronto reviews: Toronto Review: Darren Aronofsky's 'The Wrestler'; TIFF Review: 'Nothing But the Truth'; TIFF Review: 'The Burning Plain.'
For Hollywood, it's never too early for talk of Oscars; Oscar could be a fan of these upcoming films.
Images: 'Leaves of Grass' Poster Has Someone Questioning His Agent; New Poster and Pics from 'Pride and Glory' (it's a very Edward Norton day here on the linkspam).
Trailers and clips: Exclusive Clip: 'Rachel Getting Married.'
Harry Potter: Ralph Fiennes: "Indications that it'll happen" for Return in "Deathly Hallows"; EW photoshoot outtakes with Harry and Draco.
'Dark Knight' may be tough sell at Oscar time; There Should NOT be a 'Dark Knight' Sequel; Frank Miller Fancies Stallone as Broken Down Batman.
Hey! It's Twilight Tuesday! Twilight Fans Furious After Russell Brand Cuts Off Robert Pattinson At VMAs: 'That's basically a FRICKIN SIN in the fandom,' one Twilighter fumes. (Russell Brand totally cares about fandom, you guys.) (UNEXPECTED RUSSELL BRAND IS UNEXPECTED.) Meanwhile, Peter Facinelli Reveals On-Set Pranks, Says He's On Team Edward; Peter Facinelli Talks Vampire Baseball (I will never get over Van being blond, you guys. It ain't right); preview of the Twilight In Style shoot; Stephenie Meyer to be on Ellen? This is going to end well, I'm sure.
No William Shatner Cameo in 'Star Trek'? J.J. Abrams Says Why; Quinto: Spock, Sylar Are Similar.
Production Begins on the Coens' 'A Serious Man.'
Play The Guess-Brad-Pitt's-Reverse-Aging Game ['The Curious Case Of Benjamin Button'].
First Look At The Set Of James Cameron's Avatar [Morning Spoilers].
Andrews Joins 'Tooth Fairy'; Finally, Julie Andrews Will Co-Star with The Rock.
Lawsuit claims ‘Disturbia’ ripped off Hitchcock. Wait... I thought the whole point of the movie was that it was a takeoff on Rear Window. They didn't buy the rights to do that?
New Line Snags Rights to Richard Doetsch's 'The Thirteenth Hour.'
Mark Millar on the 'Kick-Ass' Filming.
Interactive 'Eagle Eye' Adventure Launched.
Harold Perrineau Boards 'Killing Jar.'
Fivesome Gets Ready to 'Howl' ("David Strathairn, Alan Alda, Jeff Daniels, Mary-Louise Parker and Paul Rudd are attached to join James Franco as Allen Ginsberg in the beatnik biopic 'Howl' ").
Sonnenfeld Still Eyeing Timberlake As Search Commences For Actor To Get ‘Moist.’
Amanda Seyfried Joins 'Dear John.'
Sam Jackson's Lost 'Titanic' Audition Tape Surfaces.
'Italian Job' Sequel Held Up By Paramount Turnover.
'Cabin Fever 2' Even Gorier.
Don't Buy 'Guitar Hero', So That Brett Ratner Can Make a Movie About It. Wait... so, conversely, if we do buy the game, we can stop him in his tracks?
Frat Humor Will Kill Superhero Movies In Years To Come.
Dispatches From Direct To DVD Purgatory: 'Meet Bill,' 'The Air I Breathe' and 'Mama's Boy.'
TMNT to Follow the 'Alvin and the Chipmunks' Formula of Success.